A HEDGE ANDTHE LAW.

Dominion, Volume 6, Issue 1645, 11 January 1913, Page 6

A HEDGE ANDTHE LAW.

A MAGISTRATE'S; ITCANJI;,OPTIONS.}, „fc '• (By .'Telegraph.'^ 1 Tress- Aieocialion.) ~;; ..,--. "Ashburton, January'lo.,!' ; At the Magistrate's Court to-day, before - ! Mr. X G. Day, S.M., Armor;A % .,Orr- (a-i .. local'merchant}-applied to' havo til'order -.. by the Ashburton Borough Council to cut'r r< a fenco set aside. ,''•'. •■'•'.'■'■■.•

Plaintiff's counsel admitted' that tho hedge did oncroach on the footpath, but ; contended that it was not an : obstruction to the path., If it was cut it would met* ly prove an eyesore, lessen tho valuo of ' the property by about £100, and servo no puirposo whatever. , y ■'• ' \ The council's solicitor contended that ' the street had to bo 66ft. wide, and that' tho hedge encroached on the footpath. \- His Worship inquired hftr.- Ashburton would look if all the hedges 'were' outback., All the council, could do jras to forco tho owner to move lower down or ! trim a hedge, if in its opinion tho hedgo ' was an obstruction. Ho'fiad inspected too ' hedge referred to, and was of opinion-■ that it did not obstruct' tho footpath.' .; The council's" solicitor' (Mr. Acland) ' said: that as tho hedge was hanging : Over. ■ the.road anyone could cut it back'and the owner would have no moans of redress.' .; \ His Worship disagreed Vfith Mr.. Acland on this point.. Tho public,, ho said, could not cut-a hedge with impunity. ' '.. . 'Mr, Aclandeaid that if, the hedge wow allowed to grow it was giving t& publiq powor to lessem the width of tho .street.: Tho magistrate humorously interpolated that if councillors sanctioned"the,wholeBale cutting back of hedges,, he "did, not • think that thcy_ would be olecbed'-ht tho next election'. He himself would! be .one of tho first to load an agitation • against such an action. He suggested • that tho case be adjourned for four, months, until the time of the" municipal election., , Tho adjournment'was objected l to, and after, Mr. Day had ascertained that thoro was no Ashburton Beautifying Society', in • existence, and had. expressed tho opinion . that "tho good'; livo local- newspaper.' would takotho matter lip, he said that ho ■•■ would allow tho appeal,, and, set the order aside, on the; grounds that the liedgo caused no inconvcnicnco, or ",' obstruction ' to traffic,\and did not interfere with tho -\ drains. 1 . ;I • '■'• _■.:'' : ■'».'■'■■' ■'■•■■:, :.■;- -,■;''