The Manawatu Herald. Tuesday, October 22ND., 1912. NOTES AND COMMENTS.

Manawatu Herald, Volume XXXIV, Issue 1013, 22 October 1912, Page 2

The Manawatu Herald. Tuesday, October 22ND., 1912. NOTES AND COMMENTS.

It is questiouab’e, as pointed out by Cr Greig at a recent Council meeting, whether the Borough Council can legally grant permits for the erection of temporary buildings which do not comply with the building by-law. The action of the Council in granting permits under such extraordinary circumstances was justifiable. The Council has the right, however, to enforce the by-law after the expiry of the period for which permission was granted. No doubt before that time has elapsed the temporary structures will either be removed or made to comply with the law. A breach of the building by-law was beard before the Chief Justice at Wellington on Saturday, when the Wellington City Council asked for a writ of attachment against Joseph James Moore. The case should be of local interest as evidencing the binding nature of such by-laws. The action was brought under section 349, subsection 2, of the Municipal Corporations Act, 1908, which provides : The council may, after conviction for the continued breach of any by-law, apply to the Supreme Court for an injunction to restrain the further continuance of such breach by the person so convicted. It was set out by the Council: (1) That by a writ of injunction issued on July Bth, 1912. the defendant was restrained irom occupying or permitting or allowing any other person to occupy a building (owned by him). {2) That defendant has made default in complying with the provisions of the writ of injunction by permitting some person or persons unknown to occupy the building. Defendant was informed that he could not set the law at defiance. The city solicitor stated that the house was absolute patchwork. “It is a real makeshift of a building altogether, sir. We are willing to allow the building to stand if Mr Moore will make the alterations.’’

Mr Moore ; 1 say the alterations have been earned out. Mr O’Shea ; I do not want to send the man to gaol.

His Honour : He will have to go to gaol it he does not obey the law. What I will do is this : I will adjourn this for one week, and if arrangements have not been made, then he must go to gaol.

Mr Moore : I do not know what they have against the building. I say the alterations have been carried out.

His Honour: Very well, you can prove that to the City Council.

Mr Moore ; It looks to me as if they want to drive me out of the country. His Honour : That is nonsense. The City Council is only performing its duty in seeing that jerry buildings do not go up in the city, and if it does not do that it is not doing its duty. Mr O’Shea: There is an idea among men like Mr Moore that they can break every by-law, and then merely be fined anything

from live shillings to five pounds. His Honour; If you do not

comply, Mr Moore, you must go to gaol, and if the alterations are not made you must stay there. Mr O’Shea : If he complies with the specification 'we will be satisfied.

His Honour (to Mr Moore): Now, understand, you have a week.

Mr Moore : What is the term of gaol ? His Honour: You will have to go to gaol till the building is removed. Mr Moore : I will have to put my things in order, then. Thank you.