HEAVY TRAFFIC

Waipa Post, Volume 36, Issue 2146, 19 April 1928, Page 5

HEAVY TRAFFIC

A PECULIAR POSITION.

CREATED IN WAIPA COUNTY.

At Monday's meeting of the Waipa County Council the solicitors advised that defendant, Innes Jones, having abandoned his appeal in the recent heavy traffic case against the Council, the amount (£lO 2s 6d) paid into the Supreme Court as security for appeal had been uplifted. "The case is now left in a rather unsatisfactory position," added the solicitors. " Under the Justices of the Peace Act, the Supreme Court on appeal from the judgment of a justice has appeared either to amend the judgment or remit the matter, when a justice should hear it with the opinions of the Court. Unfortunately, Mr Justice Herdman omitted to follow either course, and as he is away from New Zealand he cannot be asked to amend the judgment. As Mr W. Wilson, S.M., who heard the case in the first instance, is also out of New Zealand, there is no one to whom the judge could remit the case. " It would, therefore, appear that the matter must stand over until the judge returns to New Zealand. In the meantime there is no conviction against Innes Jones, and the Council has not obtained its costs in the law court."

The Council recognised that it must act as advised. It was pointed out during reference to the subject that recent Government regulations had increased the maximum speed of cars and omnibuses coming under the heading of heavy traffic by 20 per cent. The maximum of 24 miles per hour in the county that obtained when the case under notice was determined would under the new regulations be advanced to 30 miles per hour.