IN BANCO.

Dominion, Volume 2, Issue 497, 3 May 1909, Page 11

IN BANCO.

VALIDITY OF A BY-LAW. . TJndor a noiv provision in tho Municipal Corporations Act, Charles Edward AValcle- . grave brought a suit to test the, validity of ono of, tho Palmerston North by-lawa/ viz., , No.. 216, Sub-clause (a), which reads as under:— .. > : shall not bo lawful to erect, alter, odd to, remove, renew, or ropair the ex- . . . . . ternal r walls, party . w'alls, " or chimneys of any; building without such -.walls or chimneys bo of biack, stone, concrete, or ' ■ other, bard non-eembustible ■material. _ Mr. Myora, for tho plaintiff, contended that tlieby-laiv was unreasonable. ' Under its provisions,.if ibght repairs. became" necessary— . e.g., if a.bolting,horso/'knockod, out part of ■: a.board on a /building—tho replacement could not bo. made in wood. , Mf.r Martin, ,ou behalf of the corporation, mibmifrted that tho word '"ropair" must b» read :m' oonjunebian mth : the words 11 erect/ alter," etc,, witli which -it <wos associated. Tbp-.by-law; was . intended, 'to give security agiihst the spread of fire. In his :opinion, ■ tho.borotigh council must' be regarded .as; tho body.which;best knew what was,necessary for, . • • • tho protection Or tho citiz'ons. : ; Tho Court should not hold tho by-law bad merely, be-1

causo it did not contain qualifications which it thought ought to bo included. - - Mr. Justioo Coopor said.ho would deliver judgment Von-Tuesday morning.- . ..'