CO129-348 - Governor Sir Lugard - 1908 [7-10] — Page 45

44

carried by the official majority because in the opinion

of the Attorney-General it rendered nugatory the clause

already passed was in principle re-opened in the final

debate on an additional clause proposed by the mover of

this amendment, and words were inserted which were assented

to by Un-official Members while fully preserving the

principle for which the Government had contended. The

third division found no one beyond its mover and seconder

to support it, and on the fourth a question of legal

procedure raised by Mr. Pollock Sir Henry S. Berkeley,

K.C., voted with the Government (see paragraph 9 below).

8.

The most important amendments

effected by Sections 51 and 52 are in Sub-sections 2 of

Sections 179 and 180 of the Principal Ordinance.

The strict interpretation of the

provision that open spaces in the rear or at the side of

domestic buildings must belong exclusively to the build-

-ings, has in the past created some hardship and has given

rise to dissatisfaction. The amendments provide that a

certain portion of the area of private lanes (whether

subject to rights of way or not) may be included in the

calculation of open space.

The