THE RIVER ROAD.

Press, Volume LXI, Issue 11789, 12 January 1904, Page 2

THE RIVER ROAD.

OPINION OF THE CTTY COUNCIL'S SOLICITOR.

The Hirer rood qwstion came before the City Council again last night in the ebape of an opinion from Sir J. B. Ksher, City Solicitor, upon the claims of certain petitioners who were agitating to have the road opened from the Cariton -Mill Corner up to where it -was already clear for traffic. Mr Fisher stated that he had carefully considered the statement of facts relative to the Biver road forwarded to the Council by the petitioners, and had tested them as far fta lie was able. Hβ had also visited the ground and investigated the titles of the holders of frontages on Biver rood. The petitioners asked the Council to take possession of and open to the public a road along the north side of the Avon between the river and rural section 6. Tlie question was what constituted the <publio road, and that ■was one, -which, as far as to about one chain >n length measured up stream from its junction with CarKon MJtt road and the North Belt, was much in dispute. There could be no doubt that originally a public road 25ft wide was reserved along the river bank between the river and the southern boundary of B.S. 6, and an allowance made therefor in the acreage of the section. But it was alleged that either by reason of the river eating into the fcank, or the water from the mill race washing away the bank along and upon which the road was reserved, its width bad been much reduoed. Whether that was «o or not was a question of fact upon -which, if the question ever came to be tried, there would probably be a great conflict of testimony. The evidence before him was insufficient to enable him to offer an opinion as to how the question would be decided. In oekiag the Council to open the road the ■petitioners, aa he understood it, meant end intended that the Council should assert the publio right to a. road 26 fcwt wide, measured inwards from the existing bank of the river, and for its entire length. If the Council did this it would almost cer- , tainly be committed to a lawsuit, and an expensive one, in which the burden would be upon the Council of proving that there had been no such encroachment as - was alleged. He oouldnot advise the Cbunal to adout that course. If it was deemed necessary or desirable to open a road to the full width originally reserved, namely, 25 feet, along the river bank, in nis opinion, much the least expensive course, in the long run would be either to take the land necessary for that purpose under the iPublio Works Act, or to reclaim the whole or a portion of the road from tae river In reply to Cr. Carey, the Mayor raids that Mr Fisher's letter waa in leply to the statements oontained in the petitions. Cγ. ißeswick said he thought that the real question, was whether one or more of the proprietors who had titles to the land down to the river bank could prevent the Council from continuing the road from one end to the other. The question of the river encroaching upon the road wa* a very trifling matter, fie moved—V'That thr| Works Committee be asked to report upon the practicability of making a road along the river bank." The motion, on being put, was carried by seven rotes to fiv*. ,