IN BANCO.

Colonist, Volume XXII, Issue 2539, 22 April 1879, Page 3

IN BANCO.

Gully, Town Clerk of the City of Nelson, v Fell. This was an appeal from a decision by Justices in the Magistrates' Court, fining the defendant, under a municipal bylaw, for allowing gorse to grow on his land, the case being a test one to try the validity of the bylaws. Mr Atkinson appeared for the appellant, and Mr Pitt for the respondent. Mr Atkinson argued at considerable length that the bylaw under which Mr Fell was convicted, and which enacts that gorse shall not be permitted, to' exist on lands within the town boundary, was ultra vires, inasmuch as it has been ruled that if part of a bylaw is void the whole is void, aftd in this case many other plants which are not inflammable were included in the bylaw mentioned. He also urged that all gorse was not dangerous, and '.amply to prohibit persons allowing it to grow on their lands was as unreasonable as to prohibit persons having chimneys to their houses, because when they grew foul they were exceedingly dangeroii in the way of fire. Mr Pitt argued, giving authority, that the bylaw was a good one, and that the conviction must be upheld. After hearing the arguments, of Counsel, His Honor witheld his decision.