ROAD IMPROVEMENTS.

Pukekohe & Waiuku Times, Volume 7, Issue 395, 26 July 1918, Page 3

ROAD IMPROVEMENTS.

OF FRONTAGE OWNERS. I The teat cast In which the Pukekohe Borough Council seek to determine their powers to levy a charge on frontage owners of half-cost of kerbing and channelling roads was opened in the Pukekohe Magistrate's Court yesterday, Mr. F. K. Hunt, 8.M., occupying the Bench. The defendant to the action is Mr. R. F. Webster, whom the Council are sueing for £3/1/- in respect of road improvements to Prospect Terrace, to which he (Mr. Webster) is a frontage owner. Mr. E. W. Inder (instructed by Messrs. Endean and Holloway) represented the Council, and Mr. J. G. Haddow appeared for the defendant The evidence for the Council was of a formal nature, the Mayor (Mr. H. G. R. Mason), the Town Clerk (Mr. J. F. Deane), and the Foreman of Works (Mr. S. J. Clews) speaking as to the works done at Prospect Terrace being duly authorised and carried out. A petition signed by the residents of Prospect Terrace asking the Council to improve the road was put in, the defendant's name appearing as one of the signatories. In answer to Mr. Haddow, the Mayor admitted that it was a change of policy for the Council to make any charge to frontage owners, but, replying to the Magistrate, he stated that no objection to charges being levied was made when the work was authorised, and, in fact, none was forthcoming until accounts for the charges were sent in. On conclusion of the evidence for the Council, Mr. Haddow raised a non-suit point, arguing that the Municipal Corporations Act Amendment Act, 1910, provided in respect of charges made on frontage owners for such amounts "to be recoverable as a rate." Mr. Inder's reply was that suoh words were to be construed as making provision for the charges to be recoverable from the properties His Worship was inclined to agree with Mr. Inder's contention, but, al Mr. Haddow's request, he consented to reserve his decision. Mr. Haddow then explained that the defence was that if the dedication of a road was accepted by a local authority, as in that instance it was by the_ Town Board then in office, charges for subsequent, works could uot be levied on property owners. Before the Town Board, he said, accepted dedication they were fully satisfied that all of their requirements had been carried out. Giving evidence, Mr. Webster, in reply to the Magistrate, stated that he did not consider it was any benefit to his property that the road should be kc-rbed and channelled, as previously the water drained away, but now ran on to his property. As a rule, he agreed, kerbing and channelling were beneficial. He added that il signing the petition asking for repairs to be effected to the road, it was only desired that a few loads of scoria should be laid down—not that a general scheme of improvements should be instituted. Messrs. J. Patterson and P. Hogan. as members of the old Town Board, corroborated as to the Board being satisfied with the road before taking it over, but, questioned by the Magistrate, Mr. Patterson confessed that as a member of the Borough Council he approved of the desirability of such works being carried out as executed on Prospect Terrace, subject, however, to the principle being permanently adopted of charging owners. Further hearing was deferred for legal arguments to be heard in Auckland. MERCER. Notice is giyen in our advertising columns that the electors' list for the Mercer Town District will be open for inspection from the 29th inst. to August srh5 r h and that any objections to the samo must be lodged before Angust 10th OTAHUHU. OTAHUHU BOROUGH COUNCIL LAST NIGHV3 MEETING At the ordinary fortnightly meeting of the Otahuhu Borough Council held last evening there were present: the Mavor (Mr A McDonald) Crs J Brady, H J Hall, H J Molli', R Todd II T Clements, A J Wildman, H V Stringer and F R Field with the Ti wn Clerk (Mr W J Dirinison") ALLKOED XIAXChE NUISANCE Tie acting Chief Health Officer at W«1 ington wrote submitting a report from the District Health ' tficer, Auckland, relative to the complaints rnadf f-uni ti'lie to time of the alleged nui sance arising from the deposit and r« in val of stable manure at t Otniiiihu Railway Station. The ripe it stated that several iiurserymet licit g in the vicinity of Otahuhu stition and at Mangere received manure from truck? th»t were lef< s -Hiding on a Biding on the Auckland sle of the Otahuhu station. I n lojfi 'hi ro were occasions when there whs ?< m» delay on the fart of the cons-ig »<es in removing manure and also n i rtain amount of rare'eosmss wh in discharging the trucks No'icrs were a«rved out to various persons ctn cerr»l and matters imprf ved in that respect. Manure was a necessity t fl . the nurserymen and its mi ovul from the city was of great as is nr.ro to Unstable* in the city. No cornj.luintf had recently been received >xo \1 from Mr Dalztel, who live 1 n considerable distance away from the s : to of the al leged nuisame. The Inspector hid frequently visit-d the pine* during the empijk'fc <>f ttiicks and l.a l reported tmit there w,,s no nuisarce sufficient to justify the discontinuance of the trucks being emptied tfic;e VUits had also l )t; en made hv I>< Moak and the District Health Officer and on those ofcftsi'ins also no nuisance was found. The Mayor pointed ou* that there were one or two misstate-

i ments in tho report —one was that no I complaints had recently been made except from Mr Dalziel, whereas other people had complained although not direct to the Department. Cr. Stringer advised that the Council's by laws should be enforced as the same would limit the carting of manure through the streets to certain hours. Cr Wildman pointed out that if the by-laws were enforced the complainta would not be overcome as the nuisance existed whilst the manure was at the railway station and not whilst it was being carted through the township. The Mayor suggestod that the better action for the Council would be to 9 -ek legal advice from the Municipal Association and this was resolved upon. On Tuesday evening last the interesting ceremony of unveiling a Roll of Honour to those members of the Otahuhu Gymnastic Class who had gone to the front took place in the Methodist school room The gather- j ing, which was a crowded one, took the form of a social and was presided over by Mr F. Soustor (Home Missioner) The Roll, which is a handsome piece of workmanship, was designed and executed by Corpl. T. Stringer, of Otahuhu, who presented it to the Club, 26 names being record ed on it. The unveiling ceremony was performed by the Mayor (Mr A. McDonald) who referred to the great service rendered by those who had given their lives for their country.