PAPERSPAST

Maintenance of a Road.

COMMISSIONER'S FINDING, In November last Mr George Cruiokshank, S.M., as Commissioner appointed by the Govern oisGeneral under sections 109 and 120 of " The Public Works Act, 1903," sat at Lumsdan to hold an enquiry into a claim by tbe Lumsden Town Board againsc the Wallace County Council for a share of the maintenance of the main road m Lumsden, Mr James Walsh, of Win ton, appeared for the Lumsden Town Board, and Mr W. Macalister for the Wallace County Council. The Commissioner's report has now come to hand. f The Lumsden Town Board olaimed a contribution equal to one fourth of the total amount expended by the Town Board on the maintenance of Flora road, the main road m Lumsden, pince the cpnsfcitution of tbe Board *m April, 1916, and also a contribution of one fourth of tbe future maintenance. The Wallace County Council objected on the following grounds : I—That1 — That the town of LumsdeuMerives substantial benefit j from the traffic on the road to and I from Wallace County. 2 -That there is a large amount of traffic on the roads m the Wallace County m the vicinity of Lumsden and of no benefit to the Wallace .County m patticular m the Mararoa road and the Dipton road. B— That it is inequitable that the Wallace County -• Council should be called upon to contribute any part of the cost *of maintaining the road. 4— That the read is not largely used by or for the purposes of traffic from the Wallace County, and does not afford access to or from the County. In the course of his evidence the chairman of the Town Board stated that out of a revenue of about £€00 per annum the Board had spent over £200 ettch of the . past two years m making up and gravelling the road. In finding against the Town Beard the Commissioner makes the following quotation from W. P. Short: — " A local body is previously required by law to maintain its own roads and streets for the use of ita own inhabitants at its own cost, and' such main* tenapce is held to cover the use of its roads and streets by outside per- . sons to some extent, say to the extent to which its own people may occasionally use the roads of surrounding or outside districts,, for there must always be a certain amount of give and take m respect of the traffic on Che roads,< Tt is only when the luse by outside parties is beyobd what Iwould be reasonably borne hy the ratepayers of tbe district m wbioh it is situated or when special traffic oauses special damage, tjiat an equitable claim to assistance arises." .The quotation, the report states, exactly 4 fits the case. The Lumsden' Town Board is recommended to receive J»5 '5s solicitor's fee and £5 witness expenses; > .

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