GORSE ON ROADS.

Lyttelton Times, Volume LII, Issue 5783, 8 September 1879, Page 7

GORSE ON ROADS.

TO THE BDITOB OF THE; TIMES, Sib,; —I should like-to oaU--attention to the decision of the Amberley Court on Thursday last inthecase of Rowai Eoadßoard v. Clarke, in which the former sought to recover a sum of money expended by them in-clearing gorse off the road in front of land occupied by Clarke, in consequence of his declining to do so when notified as required.; The action was brought under the Public Works Act, 1876, clause 98, which provides that “ if any tree or hedgepverhang a road so as to injure it, or any gone be allowed to spread from any hedge, &c., the Board may'upon the certificate pf a competent surveyor, or of any two members of the Board, after together viewing the place ” take' action, &c; Bow, it seems to ihe that the decision referred to was given on the grounds that there was no such certificate before the Court, but I cannot coincide with that reading of, the.clause, my impression being that the resolution of the Boad Board, directing the -Surveyor to take action was evidence that the gorse in question was an injury to the road, and had been so certified to the. Board when such resolution was passed. The Surveyor (Mr ( ,Cookson) gave‘evidence jn Court; that the gorse was an injury, and I can see nothing in the’Public Works Act that requires the lodging of a certificate either with the Court or the person charged with the offence, - The certificate, as it is termed, seems to me to be the evidence on which a Road Board decides tio act. I should recommend the Kowai Boad Board to try the case again under the Canterbury Boad Ordinance, 1872, clause 78, 'when I fancy the decision will be in their favour. —I am, &c., P.