FULL COURT

New Zealand Times, Volume XLII, Issue 9622, 30 March 1917, Page 7

FULL COURT

LOCAL BODIES’ LIABILITY FOR UPKEEP OF ROAD AND BRIDLESThe Full Court yesterday wasCtigaged in the hearing of a case, stated for the opinion of the court,' involving liability of local bodies for the cost of maintaining and repairing-bridges. The case was stated under section 10 of th« Commission of Inquiry Act. The Chief Justice (Sir Robert Stout), Mr Justice Cooper and Mr Justice Chapman occupied the Bench; Mr John O’Shea (city solicitor) appeared for the Wellington City Council and the 8010 Ugh of Wanganui, and Mr M. Myers for the Pahiatua County Council.

The case stated was that a CommiasiOn had been issued by the Governor to Messrs W. S. Short, J. W. Poynton and T. F. Martin to inquire into what proportion of the cost of maintenance, repairing, improving or reconstructing the pomiou of the Manawatu tforge road in the Kairanga and Pahiatua counties should bo provided by each local authority benefiting by the road, also as to which local authority could control the Lower Gorge and Manawatu Gorge bridges. The Commission vested the: control of the Manawatu Gorge bridge in the Pahiatua County Council, and the control of the Lower Gorge bridge in the Manchester Road Board now merged in the Oroua county. Certain meetings were held by certain of the bodies which had to contribute to the maintenance of the above-mentioned rOad and bridges. As a result it had been tentatively decided that certain local authorities should bo cited, including Wellington City Council and Wanganui Borough Council. On behalf of the latter bodies the following contentions had been raised—! 1) That in order to determine what districts it is equitable should contribute towards the cost of maintaining k portion of the rOad under section 109 of the Public Works Act, 1908, the Commissioners should be-guided, by the wording of section 119 Of the Public Works Act, 1908; (2) that in determining under section 120 of the Act \vhat local authorities should contribute the should bo guided by the provisions of section 119 of the Act of 1908, and that no local authority should he required to contribute under section 120 that could not be required to contribute under section 119: (3) norie of the local authorities heretofore required to contribute wore local authorities in respect of districts situate, more than 20 miles from the road and,bridges. The city of Wellington is distant more than 100 miles from the road arid bridges. The borough of Wanganui, and town districts ef Castleeliffe and droirrtllo are situate more than SO miles from the road and bridge*. . The question for the opinion of the court was whether either ; ef the last two contentions was correct. After hearing argument by counsel on the law points involved, the Bench reserved decision.