IMPORTANT CASES.

Gisborne Times, Volume IX, Issue 886, 9 May 1903, Page 3

IMPORTANT CASES.

Per Press Association^ Wellington, last night. Tho Appeal Court in Duncan and others versus‘the Mayor of tho Lower Hutt, unanimously held that whore land is subdivided into allotments for sale, and any of such allotments has a frontage of moro than one street, a strip along each frontage must be dedicated so as to give tho required width to each street, nnd that Seclion 21 of the Act of 1900 was not complied with where only one of two or more streets on which an allotment abuts has the width required by the Act. Mr Justice Edwards expressed the opiuion that no street can bo laid out by privato persons in any case without the consent of the Borough Council, and that tho case might have been decided in favor of respondent, the Corporation, on that ground alone. On this view tho Borough Council is never bound to accept dedication with a liability involved of paying compensation. Tho appeal from the Chief Justice’s decision was dismiased, with costs on the lowest qnale.

Another judgment was delivered in the Appeal Court affecting the interpretation of the provisions of the Public Works Act Amendment Act, 1900, requiring dedication of land for street widening purposes on “übdivision of land for sale. In the „ a3Q of a transfer to .Goulter the Court was unanimously of opinion that the provisions of the above Act do not apply where the owners of land cuts one piece off and sells it and retains the rest, and there is nothing to show any intention on his part of selling the rest or any part of it. The transfer was therefore ordered to be registered. The costs of both parties were ordered to be paid out of the assurance fund,