A BYLAW m TROUBLE. PALMERSTON NORTH CASE.
By-law 216, sub-clause 8, of Borough of Palmerston. Xorth, was in. question this morning in the test cate of Charles Edward Waldegravt against the said borough council. Tha sub-clause states j that it shall not be lawful to erect, alter, add, renew, repair, etc., the exterior walls, party walls, or chimneys of any building without such walls, etc., be of brick, stone, concrete, or otSer hard, incombustible material. The new Municipal Corporations Act allows any elector ii a borough to test the validity of any by-law before an action actually rises under it. The plaintiff is interested in the Royal Hotel, part of which was recently destroyed by an incendiary fire, the author of which, a man named Hupe, was sentenced some days ago to four years' imprisonment. Mr. Myers, representing the plaintiff, submitted that the by-law was unieasonable in the matter of slight repaiis. If a horse bolted and kicked a bit of board out of a building that wall would have to bo i_onip!etely rebuilt in stone, brick, etc. -.lr. Martin, for the Borough j Council, rejoined that the word "re- i pair" ia the by-law should be read in conjunction with the other words '"alter," etc. The by-law was impor- ' tant as «i provision to pi event the i spiead of lire. The borough council must be supposed io know what was necessary for the town and district. His Honour reserved judgment. 1 1
In a promissory note case, reported in ! yesterday's issue, it was stated that the plaintiff was superintendent of the National Mutual Life Association, and that the promissory note was given as one yeai's premium on -a, policy. To avoid any misconception, we have been asked to state that the National Mutual Life Association was' not connected with the case, which arose out of a transaction between private parties. Sir Joseph Ward returns to Dunedin on Monday morning, and goes on to Ohristchurch on Tuesday. In his policy speech at Invercargill to-night he replies to Mr. James Allen on the subject of internal defence.. ,
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https://paperspast.natlib.govt.nz/newspapers/EP19090501.2.36
Bibliographic details
Evening Post, Volume LXXVII, Issue 102, 1 May 1909, Page 6
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347A BYLAW m TROUBLE. PALMERSTON NORTH CASE. Evening Post, Volume LXXVII, Issue 102, 1 May 1909, Page 6
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