“PIRATE” BUSES.

Wairarapa Daily Times, 21 October 1930, Page 5

“PIRATE” BUSES.

A CONVICTION. (By Telegraph—Press Association). NAPIER, Monday. Following the recent prosecution by the New Zealand Railways Department of Malcolm Mclntosh Taylor on a charge of plying ■ for hire as a borough omnibus with a motor cab, Mr A: M. Mowlem, S.M., this morning delivered his reserved judgment. He entered a conviction against defendant, imposing a fine of £2 and £2 15s costs. Security for appeal was fixed at £lO IQs. ... ; •. His Worship' stated that under 5 the" by-laws defendant did not possess the license requisite for him .to ply in the way he had been doing. To enable him to continue as he had, but within the limits of the by-laws, he required a license for a borough omnibus. N At the hearing the facts were not disputed, counsel for defendant notifying the court that no evidence was to. be called. He relied on the assertion that the by-law was invalid and submitted that the point at issue was decided by Mr Justice Ostler in Wilson v. the Hamilton Borough Council. Counsel further relied on the fact that no prosecution of any kind had been commenced against defendant, though the licensing authorities knew defendant’s methods when his license was renewed last June. After a search through the whole of the Napier, borough by-laws, his’ Worship did not think, if application were made to the Supreme Court to quash the couneil’s by-law insofar as it'referred to borough omnibuses, on the grounds of unreasonableness, the same success would result as was obtained in the Wilcocks v. Hamilton Borough Council case. His Worship was satisfied the decision of Mr- Justice Ostler did not apply to the facts and circumstances of this case. ’By-section 932 of by-law XXIV. it was an offence to drive a vehicle of any class other than that specified in the license. Defendant was therefore convicted. Similar charges against three other defendants in the same service were adjourned sine die, pending the issue of the appeal.