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At the Resident Magistrate’s Court this morning Mr Carcw, R.M., gave his decision in the matter of the Borough of Mornington against the City of Dunedin. Hia Worship said ; This is an application on behalf of the Borough of Mornington for the settlement of a dispute respecting the maintenance of the Eglinton road. The Municipal Corporations Act, 1886, which gives jurisdiction in these cases, provides by section 239 to the effect that where a road is on the boundary of two boroughs it shall be constructed and maintained by agreement at the cost of both boroughs, and, failing such agreement, recourse may be had to the Resident Magistrate of the distript for a settlement; but unfortunately the Act does not indicate what circpipstanoep are to be taken into consideration, or yffiat principles are to be takep as a guide in fixing the proPortion of costs to be borne by each borough, he road is admitted to be wholly within the Borough of Mornington. On one side of it there is property rateable to that borough along its full length; on the other side of the road is the Town Bolt and cemetery, and no rateable property. The largest proportion of traffic appears to commence at and return to Dunedin mainly, I understand, for the delivery of goods from Dunedin tradesmen to Mornington customers. Taking all these and other circumstances which have been relied upon by the applicant into consideration, and also what appears to me to be a fact from the surroundings of the locality, tjiat the keeping pf the road in repair is of more consequence to Morningtpp tjian to punedin ratepayers, I think that it will be a fair and reasonable settlement that the road be maintained by the Borough of Mornington, and that the City of Dunedin shall pay one-third part of the cost thereof, and order accordingly,

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Bibliographic details

THE EGLINTON ROAD., Issue 8003, 4 September 1889

Word Count

THE EGLINTON ROAD. Issue 8003, 4 September 1889

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