CONVICTION ORDERED

Taranaki Daily News, 13 July 1935, Page 6

CONVICTION ORDERED

TRANSPORT LICENSING APPEAL. COURT DELIVERS ITS JUDGMENT. By Telegraph—Press Association. Wellington, Last Night. ' The Full Court of Appeal delivered judgments in the transport licensing cases Wilson v. Barrett and Fairhurst v. Robins heard together by it on June 25 and 26. ' . Judgment was delivered by the Chief Justice, Sir Michael Myers, who said the difficulties raised by the magistrates were more apparent than real. In the opinion of the court the view submitted by Mr. Currie was correct and the Order-in-Council was valid save for the inclusion in section 36 of the power to impose a penalty in lieu of Or in addition to suspending or revoking a license which was ultra vires. The order was, however, severable and the offending portion could be excised. Section 36 of the Order-in-Council should be read \vith sub-section 4 (c), which was excluded. Consequently in the view of the court both the defendants should have been convicted. The conviction imposed in the first case was affirmed and in the second case the appeal was allowed and the case was referred back to the magistrate with a direction to convict.