WAITOA ESTATE.

Auckland Star, Volume XXXVIII, Issue 253, 23 October 1907, Page 5

WAITOA ESTATE.

APPEAL COURT'S DECISION. ... (By Telegraph.—Press Association.), WELLINGTON, this day. In the ease of the Bank of New Zealand v. the District Land Registrar of Auckland, Sir Robert Stout delivered a -written judgment, in which he held that there was not sufficient evidence of use by the public to show that the roads over tile Waitoa Estate were public roads. His Honor further held that the mere depositing of a plan in the land transfer office, showing roads, did not of itself constitute an act of dedication Of shown. n "There must also be some act of acceptance by the public, and here there vr&a none. His HoncJt further held tha-t the , Public Wort*** Amendment Act, 1005, was not repealed by the Public Works Compilation Act, 1905, but that, as a sub-division had been made prior to the passing of the Public Works Act, 1903, that Act did not apply, the transaction having been entered into before it, and respondent was not, therefore, justified in refusing to register the transfer. Other members of the Appeal Court, Judges Cooper, Chapman and Button, concurred, and the appeal was dismissed with costs.