WHAT IS A PUBLIC ROAD?

Press, Volume LXIII, Issue 12896, 30 August 1907, Page 3

WHAT IS A PUBLIC ROAD?

trRF.SS ASSOCIATION TtLl-uKAM.) AUCivLA.NU, August 29. Tlio action in wlucn tno Ars&ets iteul!t>ation Jk.ard suugnt to enow tliat ioa<i3 marked otf tluvugu'Out the Waito.i JLstut-e had tnUiCiited at* public roads lia-s conciu<i<.-d at tHe Auckland bupreim* Court. 'i'iio District Land lvegustiar ieiu.>ed 10 accept oeitaiu plana as a «k-i>ot,i.t in connection with Hie. vsub-ciiviiioii i>l tiio coLato until it had boon tstablish«j<l that tlie roadb wero public roatU within the moaning of tho I'ublic Works Act. Mr Justice Dennis ton stiid tho only point to be dete-nninod was whether tiio roads through tho estate were puolic roa<i» actually dedicated. lie considered that no evidfiKH* had boon brouglit ioiward of actual or formal dedication. Tho question had to dopond on whether there was proof of intention on the part of plaintiffs or their predecessors to dedicate land to tho general public. In his opinion there was complete absence- of proof of any euch intention. The depositing of the plan was not an indication of any intention, except an intention to bo in a position to dispose of lund without survey in each cafio when it became meet convenient to the owners. He would decide the, issue, leaving it to the detfenoe to go to the Court of Appeal on this matter, as 'wel! ns on the interpretation of section 107 of tho Lnnd Transfer Act of 1870. '"This being a question of the effect of depositing a plan, 1 ' said the Judge, "assuming it ie contended that section 107 of the Lind Transfer Act, 1870. does not in itself create o dedication to the public generally, then in my opinion none of the strip* of land, mentioned were public reads. ,.