THE CARRINGTON ESTATE

Dominion, Volume 1, Issue 125, 19 February 1908, Page 4

THE CARRINGTON ESTATE

ACQUISITION BY THE GOVERNMENT. OWNER AWARDED £39,155 FOR ; 5190 ACRES. . The hearing of the claim mado against the Government by Win. Howard Booth, owner of the fee simple of tho Carrington Estate, Carterton (which was compulsorily acquired under the Lands for Sett-lenient Act in June, 1007), was resumed yesterday morning before a Compensation Court consisting of the Chief Justice (Sir Robert Stout) and Messrs. J. M'Kcrrow (assessor for the Government), and H. R. Bunny (assessor'for the claimant). Mr. Skerrott, K.C. (with him Mr. Johnston), appeared on behalf of the claimant, and Mr. D. M. Findlay for the Minister for Lands. Tho ostate consists of 6178 acres, of which claimant had been allowed to retain a. block containing 988 acres, upon which arc (situated the homestead, buildings. , Claimant, assessed the valuo of the whole estate, including all buildings, etc., at £70,000, ■ and tho incidental losses at £9600. Tho claimant is the - owner of the fee simple subject to mortgages securing to Mrs. Eupheniia Booth, of Carterton, widow, tho annual sum of £300; Mrs. Alico Gibson Wickliani, of Waitara, £100; Miss Kate Elizabeth Rathbono; formerly of Carterton, now residing m England,, spinster, £120; and a lease containing cfcrtain' timber and tramway privileges. Further evidenoo in support of tho claim was given. Samuel M'Kenzib, stock agent,' Masterton, submitted that 'the" land taken was worth £42,310, and the land retained £21,931 15s. .... Ormond Coopor, stock agoiit and manager for Abraham, Williams and Co., gave it as his opinion that the land 'taken was worth £41,932, and the land reserved £20,535. Hugh Morrison, sheep fanner, Carterton, tendered the following valuations:—Land taken, £40,353; land awarded to claimant, £20,732. THE , CASE FOR THE CROWN. Mr.-Findlay, in opening the case for tho Crown, , said tho witnesses, for tho .claimant had assessed the . valuo of tlie-land taken at' £40,000, and: upwards; tho witnesses for the Crown would state that its valuo ranged from £32,000 to £35,000. There, was, therefore, a difference of nearly £2 per acre in the average values of both sides. A large portion of tho estato was,poor land, and the Court would, lie thought, conio to'the conclusion' that 1 very (little strtss"had. been laid on that'fact;' Ho proceeded- to callYevidenco. , James M. -Coradinij,''builder,'". Masterton, assessed' tho- value of tlio.,buildings on tho cstato at £5728. '■ ; ' . ; Arnold R. Wallis, builder and contractor, Carterton; substantially 1 agreed with this. A. Andorson, retired sheep-farmer, Featherston, was of opinion that the 'wholo estate was worth £-55,780 os., of- which ;amount the land .taken represented £'34,345 : 105. Goorgo A.-Fairbairn, auctioneer and land agent, Qarterton, estimated the values at £34,080 and, £23.284 respectively. ■ ..At this stage Mr... Findlay informed tho Court that the' Crown had agreed to allow claimant to,remain in.possession until March 15, .1909. . ' Georgo Sievors, farmer/Cliirovillo,; thought tho whole-estate was worth £55,811, i and tho land-taken>.£34,C99. - .- ... , Other assessments, on behalf of tlio'Crown, , in. respept of tlio land taken wore afc follow: — J. D.' Cameron" (farmer), Masterton, £35,710; John Frasor (Government Valuer), Masterton,. £34,593; Frank Raynor .(farmer), West' Tar'atahi, £33,635. - ;1 - '> >, ■ COUNSELS'. ADDRESSES.- [■'' .- ' Mi". Findlay then addressed the Court, and argued that tho 'assessments mado by tho witnesses ■ for/,.the -.claimant. ..ware absurdly high, and'tho;:valuations.- by'• tlie. Crown witnesses were also: too-high. -V y|. - Mr. Skerrott, in reply on behalf of claimant, saiil he would mako only a few general obs'ei v'atioiis. Ono might observe thattheio was far less discrepancy between tho valuations for the Crown and the valuations of witnesses t(iau: was usual in compensation cases. Counsel'submitted that the 5178 acres taken wero on the average worth £8 per acre. There, should, lie contended,- bo some allowance for disturbance and to compensate claimant for taking over the burden of tlio' annuities which wero' secured by mortgage on'the property. . His Hopour: Wo liayo-no power-to allow compensation, for that; •' > 'J• f ' 'y, , Mr. Skerrett: I submit that the land represents, tho capital of tho. business;.':.' ":Y' ', His Honoiir: I can't see how we can allow anything under that head. ' Mr. Skerrett: .The- Act a110w5..2 per cent, for disturbance and compulsory taking, and claimant is, I submit, entitled to that. AWARD* OF THE, COURT _ After a brief retirement the members of the Court again took their, soatsi •• His Honour tlio Chief Justice said that tho Court had unanimously decided that claimant should bo awarded '£39,155; It had, lie continued, allowed a -certain amouiit for disturbance, also claimant's costs,, and deducted from that amount a sum ,to represent the damage done through thei'uso of,the tramway during'the four years from'tho (late of claimant giving up possession, viz., March 15, 1909. His Honour further stated that each party would, have to pay its own assessor, and he fixed the assessors' fees at sovon guineas for cach day. " ' :

PUBLIC TRUSTEE'S CLAIM. HEARING UNFINISHED. ■ Tho hearing of tlio claim made bv tlio Public Tru'steo- (executor of tho 'estate of tho late AVilliam Ijooth) on behalf of. bcneficiaries in tlio estate 'in respect of timber and tramway rights was then taken, the Court comEisting of His Honour tho Chief .'Justice (Sir Robert Stout), and Messrs. James M'Kcrrow (assessor for. the Government) and Mr., Stevens (assessor, for the Public Trustee). ■ • Air. Myers appeared on behalf of tho.Public Trustee and Air. D. M. Findlay for the Crown. • Originally, 'the claim was for £5490 with certain alternative claims. In the event of the Public Trustee boing allowed to retain his existing tramway rights for five years the claim resolved itself into one simply for firewood, pilos, posts,, and' strainers; on the estate, for which item £1290 was claimed, ; An agreement was arrived at which will bo embodied in the aivard of the Court. The effect of .it was to settle all claims except the one for firewood.' The Public Trustee: is to have the uso of tho existing tramways for five years, the saiiio cutting rights as ho is entitled to under the existing leaso, tho right to a mill site and, yard for five years, and the right to lay down additional tiamways, and either during tho fivo years or at tho expiration thereof to remove all tram rails and sleopers; whether thoy form part of the existing tramways or hew tramways. Tho amount claimed, in respect of fivowood, etc., is £1290. Evidence was. then called as to, tlio value to the Public Trustee of the wood, : the witnesses boing J. D. Smith (manager for Booth and Company, sawmillcrs), I<\ Daniel, IA. J. Seed, Joseph Booth, and A. J. Petersen. At, this ,' stago the Court adjourned until 10 o'clock this morning.