High Court of Australia
R.] OF AUSTRALIA. 407
should be allowed as to all but the 2} feet strip of H.C. oF A. 4 1912. — CRAINE
Appeal allowed with costs. Judgment "as ae ete ie wried by limiting tt to the recovery U7 ig se ceo @ strip 2 feet 6 inches wide along ax Washington Street. Judgment for the ee ae defendant as to the residue without —
costs.
itors, for the appellant, Croft & Rhoden. olicitors, for the respondents, Davies & Campbell.
B.L. (HIGH COURT OF AUSTRALIA.] SIDENT &c OF THE SHIRE OF | , : PIR is oo gigs Ve igf AND RREtT! AND ANOTHER . . «| RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
nent — By-law —Validity — Traction Engine —''Vehicle — Local H.C. oF A. i Act 1903 ( Vict.) (No. 1893) secs. 197 (23), (29), (34), 495, 594. 1912,
'sec. 197 of the Local Government Act 1903 (Vict.) it is provided that a Murzounxe, lity may make by-laws for the following purposes (inter alia) :—
Oct. 8, 9, 10, Regulating the hours during which and conditions on which loco- é 'engines or rollers iinpelled by steam or electricity may proceed over Grisith C.J.,
" Barton and Tsaaes JJ.
)) Prohibiting or regulating the use on any road of any vehicle not the nails on its wheels countersunk in such manner as may be specified
H.C. or A. 1912. —
PrestDENT &c, OF THE Sure or TuNGAMAH v Mrerett.
HIGH COURT
in such by-law or having on its wheels any bars spikes or other projec forbidden by such by-law."
"<(34) Generally for maintaining the good rule and government of municipality."
By sec, 594 it is provided that "it shall be lawful for any munic to make by-laws not inconsistent with the provisions of this Part for
proceed over any street or road."
Held (Isaacs J. doubting), thata traction engine is a " vehicle" within meaning of sec, 197 (29).
Ahern v. Cathcart, (1909) V.L.R., 132; 30 A.L.T., 156, overruled.
any traction engine having on its wheels any bars, spikes, grips, or other projections, but providing that this prohibition should not apply to (a) traction engine used only for hanling agricultural machinery if the projections on the driving wheels conformed to certain specified conditions ; (b) any tt tion engine the driving wheels of which were cylindrical and smooth sole' and had no other projections than those specified, provided that in the last mentioned case the owner of the traction engine had previously obtained written permission of an officer of the Council to use it on specified road
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