THE COUNTY WIDTH OF TIRES BY-LAW.
Mr Hawkins, S.M., haß- given Ms deeieion in the case of Parker v. Graham heard in the Tapanui Magistrate's Conrt on Tuesday of last week. He decided that the Tuapeka County Council had no power to make a bylaw under section 311 of the Counties Act requiring the owner of a traction engine to pay a license fee of £20. He held that if the Legislature intended to tax or authorise a local body to tax or put a charge on an engine they must express that intention in clear and definite terms; and that such a charge or power to : charge could not be merely inferred from ambiguous language. In his judgment Mr Hawkins also raised doubts as to the validity of the charges made as license fees on wageons, and considered that there was no ' power under the 130 th section of the Publio \ Works Act, 1894, to license traction engines; \ that the definition of " heavy traffic " in that \ Act did not apply to them. The decision is \ a lengthy one, stating the whole case, and • offers a very fair opportunity for appeal, as i the grounds of the decision are fully stated.
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Tuapeka Times, Volume XXV, Issue 4252, 26 June 1895, Page 3
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201THE COUNTY WIDTH OF TIRES BY-LAW. Tuapeka Times, Volume XXV, Issue 4252, 26 June 1895, Page 3
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