THE ENCROACHMENT QUESTION.

New Zealand Times, Volume LVIX, Issue 3006, 18 December 1896, Page 2

THE ENCROACHMENT QUESTION.

Deputation to I tie City Council. A deputation of residents of tho Wellington terrace waited upon the City Council last night to object to tho notice of encroachment served upon them as the result of tho survey made by Mr T. Ward, with a view to tho true alignments of tho, streets being definitely fixed. Mr W. T. L. Travors, on behalf of tho deputation, addressed tho Council at considerable length oh tho legal aspect of the question. lie asked whether tho survey which Mr Ward was making was a survey for the plan as mentioned in section 242 of tho Municipal Corporations Act, 1880. The Mayor said they only wanted to find out the boundary of their property. Mr Travers said he would deny the authority of any plan unless it was made under the authority of tho Act. He contended that it was tho intention of tho Act that existing linos of afcroota and occupations wore not to bo disturbed. An “ existing, highway ” was a highway as used by the public. The highways which were passed under the control of the City Council wore those as understood at tho time as defined by tho lines of buildings of long occupation, and ho would advise his clients to resist to tho utmost any proceedings of the Connell in connection with this. The proposed alteration of the law, ho ventured to say, would put the City Council into an amount of litigation which would bo more healthy. for tho lawyers than tho Council. (Laughter.) Tho Mayor; That won’t frighten me. Mr Travers said he did not want to frighten anyone. He pointed out that Mr Barraud, who was one of tho first to build on tho Terrace had adopted tho alignment of the then chief surveyor (Mr Parko), and yet now, 50 years after, ho was told that ho was encroaching. He had tho. opinion of several surveyors that it would be almost impossible to obtain anything more than an approximation of what the accurate frontages woro, and so as to determine where tbo lines wore intended to bo as made by tho New Zealand Company. Probably the encroachment was on Lambton quay. Had tho Town Clerk served any notices to tho residents on tho quay '( The Town Clerk replied that he had not. Mr Travers,’ after further contending that tho highways were those as defined by tho lines of buildings, said there was no power in the City Council to oust tho residents from occupation. Mr C. W. j Smith, another member of tho deputation, protested against tho form of notice received.

Councillor Fraser asked how many acknowledgments of encroachment had boon received? Tho Town Clerk said about 300. Mr C, H. Izard (a member of tho deputation) i It is a terrifying notice. .. Tbo Town Clerk, in reply to a councillor, said he had issued about 750 notices. Councillor Fraser asked Mr Travers whether Mr Park© was an accurate 'surveyor. Mr Travers ; I never know a surveyor who *The Mayor said there was a great deal of force in Mr Travers’ cmitontion, and it was entitled to every respect, but they certainly could not expect the governing body of the city to accept the contention that it was the law that any property jutting out into tho street was the correct alignment for that particular property. It might be right, but the Council could not accept that view until forced to do so by a court of law. It was impossible to say that the only alignment was ik at which would suit each prbperty. That would be no alignment at all. Mr Travers asked if tbo , Council would take an extreme case on each side, and test them. •’ . r The Mayor said that was a very reasonable suggestion. .There Was .no desire to act discourteously or unreasonably to the citizens. The Council, however, it seemed to him, was trying to do its duty, and tho only course open to them was to .continue that course. . 'Councillor Myers ’ suggested that tho Wttcr should. stand over after the ' ’Mr Travers said that no proceedings could be taken until after the holidays. The Mayor waid that if tho Council postponed dealing fnrther, with the matter until the'question of tho survey was looked into, they must not be regarded as prejudicing their position. • Finally, it was decided that the Council should deal with the matter in committee. The decision arrived at in committee was that tho seal of the Corporation be affixed to tlio warrants to* sue in''all cases in which it was considered legal proceedings were necessary. ‘