FULL COURT.

Dominion, Volume 1, Issue 25, 24 October 1907, Page 8

FULL COURT.

WATERWORKS COMPENSATION CASES. CLAIM FOR £17,138. RESERVED JUDGMENT. These cases wero originally heard together in a Compensation Court consisting of His Honour Mr. Justice ! Cooper, and Messrs. J. C. M'Kerrow (assessor for Ashton B. Fitchett), the Hon. T. K. Macdonald (assessor for Jeremiah Harrington) and Mr. C.'J. Crawford (assessor for the Corporation).

Fitchett was tho owner, and Harrington tho lessee of lands taken and vested in the Corporation for the purpose of the extension of its waterworks at Karori. The former claimed £17,13S as compensation for tho taking of tho land and for the injurious effect on tho balance of tho lands not taken, ■and the latter claimed £5991 in ■ respect of his interest as lessee in the lands taken, and in respect of the injurious effect on tho balance of tho lands not taken. In the course of the caso, counsel raised certain questions, and His Honour, Mr.. : Justice Cooper, decided to state a caso for the opinion of the Court.

Tho questions asked wero: " What was tho , true construction, meaning and effect of Section 305 of tho Municipal Corporation Act, 1900?" Tho section "reads as follows: "If any foul liquid or matter is thrown, or poured, or suffered, or allowed, to fall or How into any water or watershed being a part of, or taken or used for supplying water to any waterworks,,;.th'o person so offending is liable to a penalty not exceeding one hundred pounds, and for a further penalty not oxceeding ton pounds for every day during which such offence is continued after such person has received notice in writing from the Council,to discontinue tho same." (2) What was'the meaning; of tho term " watershed," as. used in that section, and in section 287 of the Act? and (3) What was the meaning of " catchwatcr area " 'as used in section 287? "

The Court answered the questions as follows:—No. 1. Tho words of section'3os of tlio Municipal Corporations Act, 1905,, must bo interpreted to mean that the owner of tho land taken would be. prevented from doing anything on his land that would foul the water down below, or foul the land down below, belonging to ; the Corporation. The land taken should not be assessed as building land; No. 2; ■'!: " Watershed " means " catchment area'.';, No. 3j " A catchment area" or "watershed" mentioned in section 305 must mean tho'catchwator area or section belonging to 'the' Corporation under tho laud lying above the Corporation Maud. Claimants would bo granted costs, to be fixed by tho Compensation Court.