MAGISTRATES’ COURTS.

Globe, Volume XXIII, Issue 2195, 9 March 1881, Page 3

MAGISTRATES’ COURTS.

EANGIORA. Tuesday, Mabch 8. [Before O. Whitefoord, Esq., E.M.] Public Wo be a Aot. —An application was made by tho Mandeville and Eangiora Koad Board to have the road closed on E.S. 319 A, between the Kaiapoi Woollen Company’s premises and the river Cam, Captain Parsons, chairman of the Board, attended, and presented the plan and certified copy of the proceedings at a meeting of ratepayers, at which it was decided to close the road in question. The advertisements, as required to be made by the Aot, were also certified to. The chairman said he simply attended to report that the law had been complied with in the action that had been taken. The Eosident Mugistrate asked if there was anyone present who wished to say anything in reference to the application. Mr Henry Eevell stated that he, as representing bis mother's interest in an adjoining section, opposed the closing, on the grounds that if it was closed they feared an important embankment upon the property, which protected other properties, would not be maintained in repair when once the road had passed into other hands, because notice had not been given to adjacent owners of property, and on the ground that the closing of the road would affect tho value so as to lessen the price of adjoining land. Tho Eesident Magistrace asked it he appeared for any of the other owners. Mr Eevell replied in the negative. The Eesident Magistrate would here state that with a view to become acquainted with the locality he had visited the place, and had invited Mr Eevell as a probable objector to meet him. Mr Isaac Wilson, who was p.'esent, explained tho position of the lauds and roads in Mr Eevell’s absence, and assisted by the plan ho could form a fair estimate of how the matter stood. Mr Eevell pointed out that the Eesident Magistrate could hardly bo so familiar with the locality as ho was himself, having known it for upwards of twenty years, and having used the road as often as twice a week for a considerable portion of the time. He should contend that the road ought not to be stopped till another equally as beneficial to the public was opened or in view. The Eesident Magistrate pointed out that from Mrs Eevell’s property after crossing the Cam bridge there was a more direct way to the Old North road along Walker street. Mr Eevell would submit he was the best judge of which was the best road for his purpose. The Eesident Magistrate pointed out that in this case it was left to him to act as the judge. J. Taaffe, surveyor, Mandeville Eoad Board, sworn, said be was familiar with the locality in question. Knew the plan, and was acquainted with the properties in the neighborhood. Considered the best road as affecting Mr Eovell’s property was that along Walker street on to tho Old North road. This would be a more convenient one than that along tho river bank, which latter was proposed to be closed. By Mr Eevell—Walker street may not be the full width. A half-chaia road would be enough for tho traffic in that district for a cross road for some time to come. Did not know if there had been an increase of twice as many buildings on 319 A lately. There had been an increase in their number lately. The Walker street referred to was not on the district map. It had, however, been used some time as a road, and was referred to in deeds brought under the Land Transfer Act. Did not know if it could be stopped by private individuals. There was an embankment on the road proposed to be closed. He declined to give an opinion on tho wisdom or otherwise of the Eoad Board’s action in allowing the embankment to go into privote hands. Did not know if the Board owned all the land colored green in the plan. No personal notice had been given to the owners. The notices required by the Publio Works Act had all been duly given. Captain Parsons, sworn, examined by Mr Eevell —The plan is a correct one. It is not yet certified to by the chief surveyor. The land marked green is all road, or belongs to the Eoad Board. Did not know of any nuisance existing on tho company’s property. The Eesident Magistrate pointed out that if there was a nuisance it did not affect tho question in hand. Mr Eevell insisted that the company bad already made an improper use of the road by shooting rubbish on it. He here banded the plans and notices to witness, and desired to know if they were the proper notices. Captain Parsons replied that one of the notices referred to a meeting of ratepayers, and “it did not need a very long headed fellow to see that.” Mr Eevell submitted that the plan was not correct. Captain Parsons stated that the surveyor was present. O. G. Chapman, sworn, said he was a duly licensed surveyor; he assisted in making the plan produced. It wag correct in showing tho measurements and the adjoining sections and roads. The part marked green was apparently all public property. H. Eevell, sworn, deposed—He appeared on behalf of Mrs Eevell, sen. He objected to closing the road along the Cam as at present there were two roads which led to the property that was intended to be out up and formed into a township. The closing of the road would deteriorate the value of Mrs Eevell’s land to tho extent of £5 per acre. By allowing the road to pass into the hands of the woollen company they would make the place a nuisance and a hideous mess with rubbish. The residents also wished to prevent the company using tho river frontage for the deposit of their refuse and as a place where it might bo got rid of. Borne years ago there had been a similar nuisance near here, which was got rid of. Ho objected to the company having any right over the embankment, which had been erected with ratepayers’ money. He pointed out that the street known as Walker street had no existence on the maps, while tne road sought to bo closed had been a Government road over twenty-five years, and formed part of the main road of a chain in width, which formed the bolt round the Maori lands. The Eesident Magistrate asked if it was known whether a part of tho continuation of the Cam road was private property or not. Mr Eevell said it was doubtful—he could not give a positive answer on that point. The Eesident Magistrate wanted to know how the depreciation of £5 an acre would happen. Mr Eevell said because the means of ingress and egress was diminished, and Walker street, so called, was only half a chain in width, and liable to be flooded at the lower end. He considered he was in a false position. He thought the Eoad Board should have taken up the matter in the interests of the ratepayers. Captain Parsons here expressed his obligations to Mr Eevell for his remarks. Mr Eevell maintained this was a shameful job, in tho handing over of a road to a wealthy company. Tho Eesident Magistrate interfered, and stopped the discussion. Mr Eevell, to Captain Parsons, said he might have said he did not give a straw, so long ns his mother was compensated. Captain Parsons pointed out that tne whole matter was one in which the Eoad Board action had been endorsed by the ratepayers nt a public meeting, and he thought if Mr Eevell had been paid a few pounds his objections would have been nil. The Eesident Magistrate said it would have been better, if Mr Bevell had any lona fide objections, to have met him on the road j but, although ho had not met him, he (Mr Whitefoord) was satisfied from what he saw, and any impartial person would think the same, that the best rend over the Cam bridge was that by Walker street on to the old North road, rather than past the Company’s works. He was surprised that anyone in sober earnestness should assert that the value of the land in which Mr Eevell was interested was injured to the extent of £5 or one shilling, or even sixpence an acre by the closing of the Cam road. The old North road was now in thorough repair, and a much preferable road. The only matter which would weigh with him in the objections taken would be that of providing that when the land was sold the embankment must be maintained by tho purchasers and their successors. The application, he thought, was a fair and reasonable one, and one which ought to be granted. Under section 5 of the Publio Works Aot, 1880, he would certify that the road had been stopped as by law required, and order that the same might be sold, as provided in the section.