THE BUILDING BY-LAWS.

Pahiatua Herald, Volume XIV, Issue 3312, 4 May 1909, Page 4

THE BUILDING BY-LAWS.

In the Supreme Court, AA'ellington, on Saturday. Air Justice Chapman heard the case oi A\ aldegrave v. the Palmerston North Borough Council, lji this case the plaintiff. Charles Edward AN aldegrave. sought a decision by the Court as to the validity or otherwise ot sub-clause A ot bylaw 216 of the Palmerston North Borough Council regulations, which provides that "it shall not he lawful to erect, alter, add to. remove or repair the external walls, party walls, or chimneys of any building without such walls or chimneys lieing ot brick, stone, concrete, or other hard, nonooiubustible material. Tlie motion, in support of which Air M. Alyers appeared, is brought under a "now provision in the Municipal Corporations Act. which empower an elector to have the validity of a by-law declared lie I ore any ease has arisen under it. Air l. 1. .Martin ap}H(iriMl lor the Borough Council. Air Alyers contended that tin' bylaw was unreasonable, for under it the smallest and least important of repairs would have to lie carried out in brick. Air Martin submitted that the by-law was an important one. ns it was intended to enable the Borough Council to prevent the spread oi fire, and the Council must he regarded as a body, which liest knew and understood tlie protection ol its district.

His Honour, at the conclusion of argument, said the question was of considerable iin (to rta n oe. and bo "'Mild give bis judgment in w riting.