Kemp v Barber [1918] HCA 51

OF AUSTRALIA. 229

'The judgment should therefore be reversed, and a verdict entered H.C. oF A. 2 the defendant. 1918.

ww Deane

Appeal atlowed. Order appealed from dis- c0. aw charged. Verdict for the plaintiffs set aside 0¥ SYDNEY. and verdict entered for the defendant. Respondents to pay costs throughout.

Solicitors for the appellant, Deane & Deane. Solicitors for the respondents, Leibius, Black & Way.

B.L. [HIGH COURT OF AUSTRALIA.} i APPELLANT « DEFENDANT, se AND : BARBER ee e.g,

InrorMant, *

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Local Government—By-law—Interpretation—Regulation of traffic and processions— ©, or A. " Pootway" defined to include public place" —Ejusdem generis—Local Govern- 191g, 'ment Act 1915 (Vict.) (No. 2686), sec. 197. Cay

BC re erat ett ee eeed A ces 101E proyiden 'that by-lewn-ninyshe Cs ici far way aivciiotvality Cor cartein- purposes, incinding " (22) regulating: S¢P* 16 traffic and processions." By a by-law made under that power it was provided _ Barton, that in the by-law, unless the context otherwise required, the word " footway" Saywiyogy should include "every footpath, lane, thoroughfare or other public place

VOL, XXV. . 16

H.C. oF A. 1918. ~~

Kempe v. Barser.

HIGH COURT (191

within " the municipality " habitually used by pedestrians." It also provided that no person should "upon any street or footway to the obstruction or annoyance of any other person thereon give out or distribute to bystanders or passers-by any handbills, placards," &c.

Held, that the word "* footway " in the by-law was limited to places used as thoroughfares for the publie passing and repassing therein, and, therefore, that the distribution of pamphlets in a public park consisting of a piece of land fenced in and having no paths or footways across it and used as a place for holding public meetings, was not within the prohibition in the by-law.