The Opunake Times. FRIDAY, NOVEMBER 2, 1894. ROAD BOARD BY-LAWS.

Opunake Times, Volume I, Issue 36, 2 November 1894, Page 2

The Opunake Times. FRIDAY, NOVEMBER 2, 1894. ROAD BOARD BY-LAWS.

+ The question of regulating traffic on the district roads in Parihaka has been engaging the attention of the Road Board for some time past, and there seems to be a considerable amount of doubt as to the powers and proper authority to make such by-laws. It has been generally understood that by-laws to regulate wheel traffic can be enforced, but that it is necessary to get the County Council in which any Road Board, which is desirous of enacting by-laws, is situate, to enact the same. At the last meeting of the Parihaka Road Board it was stated that Mr Samuel had given an opinion that the Council could not enact any by-laws for one particular Road Board, if there were other Road Boards in the county, unless such by-laws were made applicable to the whole of the Road Boards in such county. That power to regulate traffic should be given to local bodiee, will be admitted by all, as it is becoming evident thai the road

question ig getting beyond the financial resources o'f all the local bodies iu the colony, through excessive traffic. The rates are found to be barely sufficient to keep reads and bridges in repair, and there is nothing left to go on with further road-making. Settlers who are so situated that they require new roads, are being forced to avail themselves of the Loans to Local Bodies Act to get their roads made, but to do so they have to place themselves under a heavy rate, which has a currency of 26 years. They can plainly see, however, that with the traffic which a good road induces, long before that term is up the road will be worn out, and they will be liable for a heavy rate, and yet be without a road. If the traffic, by means of by-laws, could be regulated, these roads would last for a very much longer period, and this would be an undoubted benefit to aU alike. " The Road Boards Act, 1882," Subsection 4 of Section 126, provides that the Board may. make by-laws " For any other purposes for which the Board is empowered to make by-laws under this or any other Act." - Section 127 deals with bow such by-laws are to be made: 127. By-laws made under the first, second, and third subsections of the last preceding Section shall be made by an ordinary resolution of the Board, but by-laws made under the fourth subsection of the said Section shall be made only in the manner and subject to the conditions following :

(1.) They shall be made only by special order, provided that, in publicly notifying the resolution as before provided, it shall not be necessary to set forth the whole of the proposed by-law, provided that the object or purport of the same be stated : and provided that a copy of the proposed by-law be deposited at the office of the Board, or at some other place in the district which shall be specified in the notification, and be open to the inspection of all the ratepayers during office-hours for thirty days immediately preceding the meeting. (2.) They shall have the common seal of the body corporate affixed thereto. (4.) They shall come into operation upon their being gazetted, or upon some day aftersuch gazetting to be named in the special order passing them.

Acting apparently under this, the Fitzherbert Road Board, in the County of Oroua, have made certain by-laws, which are Gazetted under the authority of the Colonial Secretary in the Gazette of October 25th, 1894. The by-laws up to No. 10 deal generally with nuisances being committed or permitted. Then by-laws 11, 12, and 13 provide—

11. No person shall drive or conduct any stßge, carriage, or waggon, or dray, on or over any of the roads or bi idges within the boundaries of the road district, of a greater weight, exclusive of the weight of the vehicle, than 3 tons ; and, notwithstanding the liability of such person to a penalty, he shall also bear all the cost of repairing any damage occasioned to any such roads or bridges by driving the said overladen vehicles upon or over any of the said roads or bridges. 12. No person shall ply with, drive, or conduct, or cause, permit, or suffer to be driven or conducted, any cart, dray, or waggon on any roads or streets within the boundaries of the road district unless the tires of the wheels thereof shall be of the breadth hereunder respectively specified, that is to say:— 12. All waggons, whether timber or otherwise, shall have tires of a width of not less than from 4in to s£in, to be decided upon by the Fitzherbert Boad Board. All drays shall have tires of a width' of hot less than 3Jin. All carriers' spring carts of two wheels shall have tires of a width of not less than 2Jin. All other vehicles, used to carrying loads up to li3cwt on each pair of wheels, shall have tires of a width of not less than 2in.

The Fitzherbert Road Board has made these by-laws wi bout reference to the County Council, and the Colonial Secretary has Gazetted them, as stated in the notice, " in" accordance with the provisions of ' The Road Boards Act, 1882.'" Who is therefore right ?