Carnarvon Motorbus By-laws.
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Important Test Case as to Validity when Authorized Stand is Unreasonable and Unsuitable.
The Carnarvon. Corporation has from time to time been exerting pressure upon local motorbus owners, in respect ()lathe use of Castle Square as a standingplace. 'she Corporation brought an action last week against several defendant owners—Messrs. Llewelyn Evans, Owen W. Owen, Willi adtt Williams, Evan Williams, and 0. H. Owen—for contravening the bylaws.
The prosecution stated, through Mr. Artemus Jones, when the cases came up for hearing at the Borough Magistrates Court, at Carnarvon, on the 23rd ult., that the Town Council adopted by-laws in October, 191.5, which by-laws were approved by the Local Government Board in January, 1916. One of the by-laws provided that an omnibus plying for hire should be stationed at an authorized stand. The owners had been notified that the authorized stand for them was in a particular place (not Castle Square), but had resumed their accustomed positions in Castle Square. Counsel pointed out that, whilst standing in Castle Square was not allowed, which the bases were-now doing for two or three hours at a stretch, setting-down and picking-up there was permitted.
Objections Based on Insufficiency 01 Accommodation and Dangerous Nature or Access.
Mr. Graham, for the defendants, contended that the by-law in question, although it had been approved by the Local Government Board, did not apply unless it was proved that the stand which the Corporation had provided was, in the opinion of the Bench, a reasonable one. The Corporation had only authorized
one•stand, which left no option to the omnibus owners but to stand their vehicles there. The authorized place, however, was an unreasonable place, and therefore the by-law was an unreasonable one, in that there was not enough room for the vehicles to stand there, whilst access NM dangerous. He submitted that, in order to be reasonable, a stand must be near the centre of business,and convenient and safe for both the omnibuses and public.; the authorized stand fulfilled none of those requirements. He denied, on behalf of the owners, that they took the view that they had a. right to Castle Square. All they asked , was that a suitable stand should be provided.
Decision Against the Corporation.
The Chairman of the Bench, after the magistrates had deliberated, announced that the decision was to adjourn the case for two months, in order that the parties might try to agree upon a suitable stand. Counsel for the Corporation then pressed for a decisior.i in favour of the by-laws, remarking that., if the Bench found against the Corporation, he would apply for a case to be stated for the High Court. The magistrates then announced that the Bench was of opinion that the Corporation had not provided a reasonable stand where the defendants could carry out the by-laws. The cases would be dismissed on this account. Mr. Artenaus Tones, on behalf of the Corporation, then applied to haveascase stated. We hope the C.M.TY.A. may be asked to give support in this interesting case. It is one for the benefit of local users in the first instance, but of much general interest to all motorbus proprietors.