WIDTH OF STREETS.

New Zealand Herald, Volume XL, Issue 12266, 9 May 1903, Page 5

WIDTH OF STREETS.

DECISION OF THE APPEAL COURT. [BY telegraph.—press ASSOCIATION.] Wellington, Friday. The Appeal Court, in Duncan and others v. thr Mayor of Lower Hutt, unanimously held that where land is subdivided into allotments for sale, and any of such allotments have frontages to more than one street, a strip along each frontage must be dedicated so as to give the required width to each street, and that section 21 of the Act of 1900 is not complied with where only one of two or more streets on which an allotment abuts has the width required by the Act. Mr. Justice Edwards expressed the opinion that no street can be laid out by private persons in any case without the consent of the Borough Council, and that the case might have been decided in favour of the respondent Corporation on that ground alone. On this view the Borough Council is never bound to accept dedication with a liability involved of paying compensation. The appeal from the Chief .'Justice's decision was dismissed with costs on the lowest scale.

Another judgment was delivered in the Appeal Court to-day affecting the interpretation of the provisions of the Public Works Act, Amendment Act, 1900, requiring the dedication of land for street-widening purposes on the subdivision of land for sale, in the case of a transfer to one Goulter. The Court was unanimously of opinion that the provisions of the above Act do not apply where the owner of lands cuts one piece off and sells it, and retains the rest, and there is nothing to show any other intention ou his part of selling the rest or any part of it. The transfer was therefore ordered to be registered, and costs of both parties were ordered to be paid out of the assurance fund.