NEW ROAD WORK.

Hawera Star, Volume XLV, 15 October 1925, Page 9

NEW ROAD WORK.

SUB-DIVISIONS OF LAND. IMPORTANT POINT DECIDED. (BY TELEGRAPH PRESS ASSOCIATION.) WELLINGTON, Oct. 15. At the Court of Appeal this morning, judgment was given in the case, Palmerston North Borough v. Cassey, heard on July 13. Mr. Justice Sim, in delivering judgment, said he considered it was clear that the Council was not justified in imposing the conditions which it sought to impose, viz., tarring and sanding of newly-formed streets. The council was entitled, under section 116, of the Municipal Corporations Act, to insist on roading being formed and metalled to its satisfaction, but it was not entitled to insist on the roadway being tarred or sanded, since such work was not part of the formation. Sir Robert Stout dissented on the grounds that the Corporation had a right to demand the tarring and sanding of footpaths, and in the case of the road, the law as to subdivision of the land not having been follewed, the council was entitled to have the tarring and sanding done. Other judges concurred with Judge Sim’s judgment, and the appeal was dismissed.