SUPREME COURT

Dominion, Volume 10, Issue 3057, 19 April 1917, Page 9

SUPREME COURT

MANAWATU GORGE ROAD MATTER OF MAINTENANCE. In the Supremo Court yesterday judgment was delivered vpon a case (Stated under tho Commissions of'lnquiry Act, 1908, for the decision of tho Court upon a. question of law. The question arose in tho matter of a commission appointed to-inquire into and report upon tho maintenance of that portion of the Manawatu Gorge Head in tho counties of Kairanga and Pahiatua; also the control and niaintenance of the Manawatu Gorge -bridgos in the Oroua County, and on the boundaries between. Woodville and Pahiatua Counties. Tho following contentions had been raised on behalf of tiio. Wellington City Council,' and on behalf of the Wanganui Borough Council, both of which bodies were among ihe local authorities cited as- contributors' to the maintenance of the ivorks: ■ ' ; . (1) That in order to dotermine whiit districts,it is equitable should contribute towards the-tost of maintaining a portion of the road under Section 109 of the Public Works Act, 1908, tho Commissioners should be guided by tho wording of Section 119, Sub-section (2), of the Public Works Act, 1908. (2) That in determining under Section 120 of the Public Works Act, 1908, what local authorities should be required, "to contribute to the cost .'of maintaining, repairing;, improving;: or reconstructing the said bridges, .the Commissioners Bhould be guided by the provisions of Section 119, Sub-section (2), of the Public Works Act, 1908, and that no local authority' should be required to contribute under ■ the said Section 120 that coiild not be required to contribute under '.the said Section 119. ;The question for the Court . was: Was either of the contentions oorrect? The Court unanimously decided that the answer iin eaoh case should ' be negative. . . . At the hearing, Mr. John O'Shea appeared for. tho Wellington City Corporation and tho Borough of Wanganul, and Sir. M. . Myers for the Pahiatua, County Council.-' .