The Nuisances on Roads.

Manawatu Herald, 8 October 1898, Page 2

The Nuisances on Roads.

In the year 1894 the Public Works Act was passed, a portion of which dealt with inquiries on roads. Under this seotion our Borough Council issued most imperative instructions to land-owners to out down and destroy gorse or other plants on the road, and in case of non fullfilment all sorts of penalties were threatened. The Borough Counoil has not been singular in its action, as some time ago tbe Wanganui County Council took action against an erstwhile resident here, Mr A. E. T. Nixon, and as he set their commands at defiance they sued him before Mr Kettle S.M. at Wanganui, who, much to their surprise gave judgment for the defendant. The County has now appealed to the Supreme Court and tbe Chief-Justice has reserved his judgment, As the case is a very interesting one we give the appeal in full, and from it, it will be noticed, that Mr Kettle holds that the clauses in the Act were not retro active in their operation, or in rtther words the landowner was not •nawerablfi for any growth before 1894. If his judgment is upheld it will place all looal bodies in a very awkward position, and the Chief J ustice's decision will be looked for ward to with much interest. The decision whioh formed the subject of the appeal was given by Mr C. C. Kettle, S.M.. at the local Magistrate's Court in June last, and the point involved was as to whether or not the provisions of the Public Works Act, 1894, as to the liability of property-holders to clear and grub up gorse, &c, from the public roads on whioh their properties abut, applied to growths since the Aot of 1894 came into force, or whether the owners are liable to clear tbe roads from all suoh growths not- j withstanding when they first came on tho road. As will be remembered His Worship gave judgment for the defendant Nixon, holding (1) That the evidence did not establish that the gorse. sweetbriar, or blackberry (the subject ofthe action) had spread to the road from the defendants land; (2) that it was ahown and practically admitted that the gorse. sweetbriar, and blackberry, or most of it, had been growing on the road for many yeArs before " The Publio Works Aot 1894 " oame into force, and before the defendant owned or or occupied the said lands ; (8) tbat it was impossible from the evidence to say (if any) of the gorse, sweetbriar, and blackberry grew on the road after the « 4 Public Works Act, 1894," came into force; (4) that some portion of the gorse cut by the said Wanganvi County Council on the road in front of seotions. 29, 81, and 82 (Sedgebrook) was not an abstruction to drainage or traffic ; (5) that the provisions contained in section 185, sub-section B of " The Public Work* Act, 1884," were not retroactive- in their operations. Tbe question submitted for the opinion of the Supreme Court is whether tha determination of the Magistrate in Riving judgement for defendant was right in point of law.

In to-day's issue appears the programme of the Foxton Racing Club for their Summer meeting on Anniversary day. Mr Chapman, our new Town Clerk takes over the duties of the office today from Mr McQueen. Miss Ada Stansell's friends will be pleased to know that she is making capital progress towards complete recovery, being able now to go outside in the hospital gardens.

The government auditor has -finished the Borough accounts and informed Crs. Hennessy and Westwood, who waited upon him in the place of the Mayor that everything was in perfect order and correct. The Procureur's report to the Court of Cassation favours a revision of the Dreyfus trial. A new American battleship Illinois (11,525 tons) has been launched at Newport News. Police reports from Apollo Bay Victoria state that a brilliantly lighted ballon passed over the district. By the aid of a field-glass it was seen that a mysterious car was hanging to it. The affair is a great mystery. The French naval estimates have been increased by 24,000,000 francs. The estate ofthe late Mr J. J. Colman, mustard manufacturer, has been proved to be worth two millions sterling. The British warship Terrible has been ordered to join the Pacific squadron. Ninety-two Pashas and other officials and 1000 Turkish soldiers will line the route from Jaffa to Jerualem on the occasion of the German Emperor's visit to the Holy Land. Many members of the Young Turkish Party have been arrested to prevent trouble while the Emperor is m Constantinople. In consequence of the complaint of some of the crew of the ship Opawa, at Lyttleton the Marine Department ordered the inspection of the rigging, with the result that the rigging was found all right, and the men had to admit they had been mistaken. The complaint appears to have been utterly frivolous and unwarranted. A fair gardener in the Wairarapa is said to bave made £14 out of violets which she sent to Wellington last season. Spain insists upon the retention of the Philippine Islands. In Clark Russell's " Frozen Pirate " we find an apt description of the sort of weather we have been experiencing — " Well here's a breeze that can't go on blowing much longer" cries the carpenter, "The place it comes from must give out soon, unless a new trade wind's got fixed into a whole gale for this here ocean ? The next English and European Mail, via San Francisco, will close at the local Office on Wednesday, the 26 day of October, at 3 p.m.