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Ownership and Claimed Tonnage

7th August 1936, Page 41
7th August 1936
Page 41
Page 41, 7th August 1936 — Ownership and Claimed Tonnage
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UNUSUAL circumstances were connected with the appeal of the Southern Counties Road Transport Co., Ltd., Southampton, against the action of the South-Eastern Licensing Authority in granting to Mr. C. J. Hazel, Southampton, an A licence for two vehicles. Superficially, the application, appeared to be for claimed tonnage (4 tons).

Up to 'April, 1932, Mr. Hazell was secretary of the Hampshire Transport Co., Ltd., but since that date has operated independently as a haulier. He purchased two Lancia vehicles (about 6 tons) from a person who was interested in the Hampshire company and, he said, used them during the basic year. mainly for hire or reward.

The Southern Counties concern maintained that the machines belonged to the receiver of the Hampshire company. The Licensing Authority held that Mr. Hazell was in effective poSsession of the two vehicles during the basic year, but appears to have been in some doubt as to their lawful ownership.

Reference was made during the appeal hearing to legal proceedings in the High Court, in which it was found that the two Lancias had been unlawfully sold to Mr. Hazell, and still belonged to the Hampshire company.• In 1932, however, Mr. Hazel' disposed of one of these machines and entered into a hire-purchase agreement for the acquisition of a Bedford, weighing 1 ton 17 cwt. unladen. In 1934, he sold the other Lancia and acquired another Bedford of similar weight. The Tribunal holds that Mr. Hazen is entitled to one vehicle of 1 ton 17 cwt. claimed tonnage. Costs of £2 10s. are allowed.


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