NORTH AUCKLAND RAILWAY.

Auckland Star, Volume XLI, Issue 135, 9 June 1910, Page 7

NORTH AUCKLAND RAILWAY.

LEGAL 'OPIMON ON" DEWATION.

•Mr. R. McVeagh, solicitor, has, at the request of Mr. Thomas Coates, supplied a legal opinion on the legal aspect of the western deviation of the North Auckland railway, as affected by the Railways Authorisation Act of 1902, authorising an extension of >th.c Helensville northwards "from a point on the southern boundary of section 8, Block XVI., Otamatea survey district, to Maungafcuroto."

Mr. McVeagh summarises hie opinion of 'Mr. Coates' rights in the circumstances as follows:—"1. That a deviation of the railway of such a character that the township of Maungaturoto -will not be a terminus is unauthorised- 2. Thai another terminus cannot—as has been attempted —be created by Order-in-Coun-cil, and that the consent of Parliament is necessary for snch a purpose. 3. That the construction of a bridge across the Otamatea Biver in such a manner as to obstruct the navigation thereof by the class of vessels that used to navigate the same would be a wrongful act, for ■which owners of land abutting immediately upon the river above the proposed bridge would be entitled to maintain a suit for damages against the King under the Crown Suits Act, 190 S. 4. That even if the construction of such a bridge were lawful such owners would be entitled to compensation under the Public Works Act, 190 S. 5. Assuming the construction of the bridge to be unlawful, that an injunction could be obtained restraining the contractor and workmen from building the bridge so as to interfere -with the navigation of the river. 6. That landowners whose property was 'being entered on for the construction of the deviation ■would likewise foe entitled to obtain an injunction: restraining fhe-carrferactor-and