THE STATUS OF ROAD BOARDS.

New Zealand Times, Volume XXIX, Issue 4202, 8 September 1874, Page 3

THE STATUS OF ROAD BOARDS.

The status and rights of Road Boards are questions which are being considered in Canterbury. A committee was lately appointed, witb a view of more clearly defining and increasing the powers of the Boards, and a second meeting of this committee was held last week. At that meeting, according to the report in the Lyttelton Times, the chairman said that, immediately after the last meeting, he telegraphed to his Honor the Superintendent a copy of the resolution bearing upon the anomalous position of Road Boards with respect to their having no title to the soil of the roads under their control, and the necessity for action being taken upon it during the present session of the Assembly, and had received a letter from the Provincial Secretary for Public Works, enclosing tbe following memorandum and endorsement : “Memorandum for the Hon. the Colonial Treasurer. “ The Attorney-General, in a case submitted to him in the recess by one of the Road Boards in Canterbury, gave it as his opinion that ‘ the Road Board having no property in the road vested in them, have no right of action, and have sustained no injury for which damages cau be recovered.’ “It is very desirable that the power of the Road Boards in respect of roads should be clearly defined for the purpose of instituting and sustaining actions where damage has been caused. “In the case referred to, the Road Board attempted to insist upon an adjoining proprietor allowing the water from the road to take its natural fall through his fence and property. It was decided that they had no locus standi for the purpose. I believe that a clause might be advantageously introduced into tbe Highway Boards Act now before tbe House, giving powers of action in such case. “W. Rolleston, “ Superintendent of Canterbury. “July 29, 1874.’! “Endorsement. “ The proper legislation is an amendment of the Provincial Act imposing penalties on per-' sons injuring the roads, drains, &c. It was tbe absence of such provision that induced the Board to sue for damages in a civil action. “ The Provincial Act might also give a right of action for compensation for injury done. “ I see no necessity for more than this. “ J. PItENDEKOAST. “July 29, 1874.” Mr. Tosswill said it seemed from the Attorney-General’s opinion, just read, that action far more clearly defining the powers, of Road Boards with respect to roads should be taken in the Provincial Council, and that the latter should give power for.imposing fines on persons interfering with roads. The Chairman said what the Attorney-General suggested would go for something', but he could not think the Provincial Council could give Road Boards such a title to the soil of the roads as they desired. But under any circumstances it was too late now to get anything done during the present session of the Assembly. After some discussion, Mr. Tosswill moved—“ That a digest of the recommendations of the several Road Boards, and alterations in the existing Roads Ordinance be prepared by the chairman for consideration at the next meeting of the committee.” The motion was seconded, and unanimously agreed to.