STREETS IN THE HUTT BOROUGH.

Evening Post, Volume LXIV, Issue 119, 15 November 1902, Page 7 (Supplement)

STREETS IN THE HUTT BOROUGH.

&— • TO THE EDITOR. Sir, — In referring to my letter published in your issue of Saturday, the 18th inst., upon the above question, at the Council's meeting held on Monday last tho Mayor of the Hutt is reported to have said that he had consulted the Borough Solicitor upon the point raised in my letter, and that Mr. Skerrett ndvisedhim that the Council was acting within its rights in expending public money in taking over the forming and metalling of that portion of Bridge-street to which I had referred. I wish to draw attention to the fact that the Council had in its possession 'the written opinion of Mr. Skerrett upon this very street, together ■with an- .adjoining street— viz., Herberbstreet. ' . This opinion is dated 3rd August, 1901, and as this opinion is based upon information supplied- by- the- Council to Mr. Skerrett upon the question at issue, I wouiu ask you, in the interest of ratepayers and of those members of the Council who were not members at the time" stated, and who, perhaps, have acted in ignorance of that opinion, to find room for paragraph 7 of Mr. Skerrett's opinion, as this practically covers the whole question, i Paragraph 7 is as -follows : — "I am asked whether the Council can take over Herbert-street and that pdition of Bridge- ' street that has not been formed and metalled, and maintain them as public streets. In my opinion these roads fall within the provisions of subsection 3 of section 233 of the Municipal Corpora-* lions Act, 1900, which authorises the Council, by special order, to declare any private street laid out within any borough after the 2nd November, 1878, but before the Ist of January, 1887, and being of a width' of not less than 40ft, to be a public street; but this power is subject to a proviso that every private street so •declared to be a public street shall first •be properly formed and constructed by the owners thereof or the frontagers thereto. Unless, therefore, the streets are formed and constructed by the owners thereof <or thejrontagers thereto, the Council cannot in my opinion take them over as public streets, or expend public moneys in tbeir 'construction and repair." ' • The above opinion is to me quite conclusive that the Council has exceeded its powers, and as there appears to be a possibility of the Council undertaking similar work, I feel sure you will excuse my trespassing at such length upon a matter of such vital importance to ratepayers in general.— l am, etc., JOHN WARD. October 22nd, 1902. P.S.— ln my letter of last week I was

wrong in the clause quoted. It was subsection c of Clause 145 of the Municipal Corporations Act, 1900, that I wished Councillors to read before expending any more money upon the street in question. -J.W. _________