NOXIOUS WEEDS

Waikato Times, Volume 90, Issue 14021, 26 March 1919, Page 9

NOXIOUS WEEDS

THE “MIDDLE LINE" OF THE ROAD. Legal argument was taken in the .Magistrate’s Court at Hamilton yesterday in the case in which Inspector .lane (Wnipa County Council) sued VC Duncan, a I'arinor 011 the Whatawhata Hoad, to clear noxious weeds up to the middle line of the road. The evidence in the ease appears on page 7 of this issue. -Mr Watts, for defendant, claimed that the “middle line” was the middle lino of the roadway used, and not of the strip of land set aside as a road. The Council had leased part of the land to a settler, therefore dealing with it as private land; yet when they dealt with defendant they said it was public land. The Council should he consistent. His client would lie pleased if the whole road was opened up, and would then he prepared to clear his side. He was prevented from using the whole of the road, yet ho was called upon to clear noxious weeds up to the middle lino of tha whole strip. Mr Swarhriek, for the local body, considered that the word “road” meant the whole strip of land dedicated as a road. Many roads wore not wholly formed. By leasing portion of the road to the opposite settlor, they did not throw any more work on Mr Duncan—in fact, he was in a bettor position than if the whole road was open, for the formation prevented the growth of weeds. His Worship agreed with Mr Swarhriek that the road must he defined by the Act. The owners must clear their own side of the road. Defendant had only two strips of the road to. keep clean—the strip from his fence to the formation, and from the formation to the middle line. If defendant would undertake to clear the. road within a reasonable time, ho would dismiss the case under Section 92 of the Justice of the Peace Act, on payment of solicitor’s foe (£2 9s). Counsel agreed to this.