CLOSED PUBLIC ROADS.

New Zealand Herald, Volume XLVIII, Issue 14581, 18 January 1911, Page 8

CLOSED PUBLIC ROADS.

CASE AT CAMBRIDGE.

[lIY TELEGRAPH,OWN CORRESPONDENT.]

Cambridge, Tuesday. An interesting case was before the Court to-day, involving the question as to whether a local body is justified in keeping a road closed after being petitioned to open it. 'Hi© action was brought by J. I). P. Morgan, farmer, of Pukororo, against the Cambridge Road Board, asking the Court to make ati order compelling tlio Board' to instruct tho adjoining owners to remove the fences on the Bald Hill Road, so that tho same might bo available for traffic. Mr. A. Swarbrick appeared for tho plaintiff, and Mr. F. Buckland for tho defendants.

M Bucldand questioned whether the mattor came within the magistrate's jurisdiction. Legal argument ensued, in the course of which it was stated that recently Morgan and four others signed "a petition asking the Board to open the road, on tho ground that in its closed state, there being feaices across it, it was an inconvenience to tho public. The Board set this aside, hence the present action. The road in dispute was part of the old Military Road, between Hamilton and Cambridge, and had been in disuse for 42 years. The magistrate held that the only discretion possessed by him was whether tho road was a public one, whether fenced across or not, and if the petition to open it had been duly presented to the Board. On the production of a certificate from tho I/and Office as to tho road being a public one ho would make the order applied for. Ho held that in matters of this kind an application from even one ratepayer reasonably supported, was sufficient ground to compel the local authority to open a public road.