First Edition. THE SALEYARDS.
Some time ago a. resolution, was passed by the Stratford Borough Council that it obtain the opinion of the counsel to the Municipal Association of New Zealand with regard to the . leaving of cattle in the saleyards, sit- . uated near .King Edward Park. The question was put to counsel as follows:—"The auctioneers' cattle saleyards are situated within the borough boundary and within a stone's throw of the principal street. It ir the habit of persons in charge of the cattle to invariably leave them in the yards at night, and the lowing of the catfle at night becomes most inconvenient to those, people living in the vicinity. My Council wishes to know if they have the power to make a bylaw preventing cattle of airy descrip tion being left in the yards at night?" Mr F. T. Martin answers- as follows : I 1. "I know of, no power to make these by-laws. If, however, the nuisance and the inconvenience are so great as to be unreasonable in all the circumstances, and having "regard" to the usual practice of auctioneers, and the proximity of dwelling-houses, the inhabitants affected could take proceedings in the Supreme Court against the auctioneers to prevent the continuance of the nuisance. 21 "It is always a question of degree whether any given annoyance is sufficient to constitute a nuisance in the legal sense of the term. Persons residing in towns must put up with a number of minor discomforts, unless they become intolerable from their continuance or unreasonable exercise. 3. "The Association's Bill recently * circulated seeks for power to make by-laws prescribing the limits within which stock-yards may be erected or established—see page 5, item 21 (2). I beg to suggest that your Council send to me any remit on this subject you may desire to bring before the ensiung conference, by way either of re-affirming this clause or of adding to it."
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Stratford Evening Post, Volume XXXIII, Issue 5, 3 May 1912, Page 6
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320First Edition. THE SALEYARDS. Stratford Evening Post, Volume XXXIII, Issue 5, 3 May 1912, Page 6
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