THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. WEDNESDAY, JANUARY 8, 1879.

Thames Star, Volume XI, Issue 3086, 8 January 1879, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. WEDNESDAY, JANUARY 8, 1879.

Tee patchwork footpath in Shortland which has been laid down between Willoughby street and Sealey street, in accordance with a resolution of the Borough Council, is generally condemned. There is no blame attachable to anyone, but the experiment of putting down three feet of asphalt pavement alongside the water • table is found not to be the convenience it was expected, and it necessitates leaving frequent patches of the old wooden pavement, the breaks between which and the asphalt are go many traps for pedestrians at night, and a decided inconvenience at any time. Complaints have been numerous, and no doubt in time, if the nuisance were not removed, the Borough Council would find themselves defendants in an action.for damages, an accident being inevitable if the present state of matters is allowed to continue. This, however, we trust, will not be the case. The attention of the Works Committee of the Borough Council has been called to the matter, and we understand they are prepared to recommend that the patchwork at present bo " spoiled," by replacing it with uniform asphalt pavement. This they can do, and enforce payment from occupiers, but the latter can recover from their landlords. For the benefit of burgesses we quote the clauses of the Municipal Corporations Act bearing on the making of footpaths:—

202. The Council may lay out footways on cue or both Bides of the Btreets, and may construct the time, of such dimension • and of such materials, and in such manner in all respects as it thinks fit. 203. The cost of so constructing all such footways, or such proportion of such «ost as the Council from time to time directs, shall be a charge upon the owners or occupiers of the lands and buildings fronting on such footways. (1.) Such cost and charge may be fixed by the Council by any by-law in

that behalf, according to the description, dimensions, and materials of the footway. (2.) The charge upon each owner or occupier of such lands or buildings shall be in proportion to the length of the footway ndjoining such lands or buildings. (3.) Such charge shall be deemed to be, and may be recovered as, a separate rate. (4) Any occupier paying any such charge may deduct the same from any rent payable to, or may otherwise recover the same from, the owner of the lands or buildings in respect of which he haa paid the same. The By-law of the Council regulating the description of footpath to be made, and the proportion of cost to be borne by the owners or occupiers of the land or premises near which any footpath may be made, is as follows :— *■ That the proportion of the cost of the constructing all footways within the Borough of Thames to be charged upon the owners or occupiers of the land and buildings fronting such footway shall be as follows: — 1. When the footway shall be an asphalt or flagstone footway one-half; 2. When the footway shall be other than an asphalt or flagstone footway onethird. That the cost of each footway shall be fixed as follows :— The Borough Engineer or the Foreman of Works to the Council of the Borough shall prepare for each a plan and specification .of footway showing the width length level and material of which such footway is intended to be made with the estimated cost per running foot for same and such estimate of cost shall be agreed to by resolution of the said Council and the cost of such footway shall be fixed in accordance therewith.

The prosecution*of the work under the By-law teems to be the only way out of the difficulty. The hardship to occupiers —weekly tenants, for instance—is only apparent. The ground landlords will have to pay for the permanent improve ment which a good substantial footpath will carry. In some instances where the Natives still own the freeholds there may be a difficulty, but in such cases the leases are pretty long, and there are many portions of the Pollen street frontages now in the hands of Europeans, who reap substantial benefits in the shape of rents, and the " unearned increment" which their wastelands are acquiring. The piece of unoccupied land from Coolahan's bakery to Wilkea' premises may be cited as a case in point. The land is paining in value every year by the expenditure of the ratepayers' money and the improvements effected by residents in the vicinity, and the owners of land in such localities who make no use of it should be made to contribute to the public good, as they will be compelled to do if the By-law be enforced. "We trust the Works Committee will successfully urge this matter on the Council, and see that the formation of footpaths be undertaken in future with a regard to the convenience of the public.