UNCERTAINTIES OF THE LAW.
The decision o£ the Appeal Court with regard to the Borough by-laws on the tank question is another fitting illustration ol the uncertainties of the law, and the difficulties with which a local body is beset when framing laws for the purpose of local government. The Cato appears to have been quashed on a point not even raised in the B.M. Court, and really does not affect the decision given by Mr Booth, though of course it will materially affect the Council. The Appeal Court admits the object of the by-law to be reasonable, but considers the by-law itself is unreasonable because there was no stipulated time allowed in which the tanks might be erected. Mr Maude, if we understand arightly, objected to comply with the demand because he considered ;t $n unreasonable one, and inflicting an unnecessary hardship on property owners. This contention the Court does not appear to uphold, but allowed the appeal to hold good on a technical point raised in Wellington. It is curious that this defect was not previously noticed, but it is plain now that the regulation fs ultra virM until the usual form has been gone through of revising the by-laws.
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Bibliographic details
Gisborne Standard and Cook County Gazette, Volume II, Issue 216, 1 November 1888, Page 2
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202UNCERTAINTIES OF THE LAW. Gisborne Standard and Cook County Gazette, Volume II, Issue 216, 1 November 1888, Page 2
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