COURT OF APPEAL

Auckland Star, Volume XXXVIII, Issue 244, 12 October 1907, Page 7

COURT OF APPEAL

CBy Tetes—ph.—:Press Association.) WELLINGTON, Friday. In the case of the Bank of Kew Zealand (as assessor to the Assets Realisation Board) v. the District Land Registrar at Auckland. Mr Skerrett (for appellant) contended that the mere deposit oi a plan showing roads under section 107 of the Land Transfer Act, IS7O, was a dedication of tue roads shown in the plan to the public, and, further, that as the land sold had been sold by agreement, previous to the passing of the Public Works Act, 1903. although the transfer was not executed until 1908, the provisions of that Act did not apply, ami the transfer was entitled to registration. Mr Hanna also addressed the Court. Ur <—lapman, for the respondent, contended that the deposit of ,a plan was not. a'dedication to the public of tie roads shown therein. -In this case the evidence sherwe— neither .an intention eif dedication, nor any act of dedication, nor any acceptance of dedication by the public, all of which., elements were .necessary to prove .dedication.' '-_ ' Judgment was reserve-