A DOUBTFUL POINT.

Marlborough Express, Volume XLII, Issue 103, 2 May 1908, Page 8

A DOUBTFUL POINT.

THE QUESTION OF A RIGHT-OF WAY.

At the Borough Council meeting last evening a letter was read from Messrs McLauchlan arid Co., stating that they were putting a right-of-way through from High Street to Alfred Street, and asking what the .Council would require them to do before they took if over. At present the right-of-way between' the Exi'bess office and next door was 12 feet wide, and they proposed to'continue it right through to Alfred Street. They would be willing to form and asphalt the 12 feet as required by the Council, if the Council agreed to take it over for the public. " .." , Councillor" McKinley ,said he had i seen McLauchlan -and 'Co. in reference ito the matter witK -the Foreman of %©rks.' ■ McL&iiehlan arid ■ C 0... were willing to widen the, back portion, behind the Express, office to 20 feet, j and they would undertake-to do it to the satisfaction of the Council.

Councillor Macey did not know whether there might not be a legal question involved. He and the Town Clerk had talked the matter over, and were not at all sure that the Council had the power to grant the concession asked for. He thought they might get a legal opinion on the matter: ■'

Councillor White thought ■ the best way,would be to tell McLauchlan and Co. that the Council were willing to approve of it as, a right-of-way, but would not take it over.

Councillor Griffiths said it was quite impossible .for the,,, Council to take it over, as it was not 66 feet wide', and he thought McLauchlan and Co. should be informed that owjng- to the legal difficulty they could not take it

over. , ' . - , Councillor White moved a motion in, accordance with, this view, and Councillor Griffiths seconded. Councillor Macey then said that the condition that no Jbuilding should be erected fronting <on the right-of-way should be inserted. Councillor Griffiths did not think the Council could impose such a provision, as they were not going to take the right-of-way over. They had no jurisdiction in,the matter. Councillor Macey .said if they allowed' a man ■to run right-of-ways from- street to street, and then build anywhere he liked, they would have back'slums.

Councillor White said that supposing Councillor Macey's condition were attached it would prohibit the owners from extending their buildings. , Councillor Macey explained that this would not be soThe Town. Clerk then read the sections from the Act dealing with the matter. ~ Councillor White said it seemed to him that all they had to do was to see that it remained a private right-of-way, and .was not jnore than,2o--feet/wide. Perhaps ifc'w.onld be Better if they kept the width of it less than 20, feet. He saw no reason why they should not grant it. Councillor Chine said it was .evident that McLauchlan and Co. were going to make a right-of-way for some specific reason. It was evident to him that they wanted to put up some buildings, and wanted the right-of-way to get at them. They (the Council) should be very careful what they were doing. The Mayor said tie matter wanted more than perfunctory consideration, and he thought a special committee should be set up to look carefully into it. He would move that Councillors Macey, Griffiths^ White_ and the mover be a committee to inquire into the matter.

The motion was seconded by Councillor McKinley and carried.