LAW REPORTS

Dominion, Volume 1, Issue 276, 14 August 1908, Page 9

LAW REPORTS

COMPENSATION COURT.

ALTERATIONS/TO LEVELS OF LOWER HUTT ROADS. PUBLIC TRUSTEE v. BOROUGH OF LOWER HUTT. LEGAIj QUESTIONS RAISED. Evidence relating to & preliminary question in connection with' the compensation suit between the public Trusteo (as executor of the late J. F. prr)" and 'the Lower Hutt Borough Council was'heard'by Mr. Justico Chapman yesterday.' .' Mr. Vo/i Haast appeared on behalf of the claimant/and Mr. Treadwell for the respondents. / " ' '

The claim was one of £300 in respect of depreciation of the value of land at the corner of Bridge Street and the Main Road, Lower Hutt, ,m consequence of the alteration of levels i>f the Main Hutt Road from the Railway Hotel to the traffio bridge at thq Lower Hutt and of Bridge Street, in order to form the approach to the bridge. Section 246 of the Municipal Corporations Act provides tliat/no compensation shall be payable in respect of any alteration to the levels of any street unless such alteration bo made after: theilevels of the street have been fixed by the locil authority, or unless prior to the alteration of the levels tho street in question was constructed in some permanent manner by a lojal authority having power to "do so. (The hearing yesterday was.for..the purpose of determining whether tho streets in question, or other of them, were, constructed in a permanent manner by the local authority prior to the alteration of tho levels. /i Mr. Von Haast, in opening the case for tho claimant, said ■ that, in 1902-03, when tho present traffic bridge at tho Lower Hutt was constructed it'.bccame necessary to raiso tho levels of the thoroughfares in question. Ho understood that the levels of tlio thoroughfares had not been fixed prior to the construction of the bridge. The words " constructed in a permanent manner by any local authority having power to do so" had not yot received any judicial interpretation. It was proposed, therefore, to call ovidenco relating to the history of the streets, and subsequently to address argument on tho question. Up to 1870 tho Main Hutt Road ran in a straight line past tho Railway Hotel to tho old bridge, which connected again with tho main road on the other side. Tho river gradually encroached into its banks, and eventually in 1870 the bridge was washed away. In consequence of a slight alteration of the site of tho new bridge (which was opened in March, 1872) a deviation was necessary in the road from the Railway Hotel to tho bridge. Prior to that date there appeared to have existed an old cart track, .about 12ft. wide, which was used for the purposo of going to the Wesleyan Cemetery just opposite the bridge. A plan made at the time showed that one end of tho track was fenced off. The Provincial Council bought various pieces of land, and made it into a good road, nearly one chain in width. This road was a good road; in fact, it was tho niain thoroughfare to the Wairarapa and Napier. All the wool and timber from tho Wairarapa used to bo carried over it, and manufacturers, etc.., were sent back over it. It was kept in good order, so that —so far as any road in New Zealand was concerned—it was a permanent road. I Referring to Bridge Street, counsel stated that it was shown on a plan prepared in 1886 for Sir William Fitzherbert, who had subdivided portion of his property for the purposes of salo. An application that the street should be proclaimed a public street.,was' approved by the Hutt Town Board. At tho beginning of 1000 tho Lower Hutt Borough, which came into existence in 1891, kerbed and otherwise improved tho footpath ■ along the main road from a point near the-rail-way station round the Railway. Hotel corner to lots 3, 4, and 5. The Hutt Town Board, or another local authority, had formed, tarred, andnkerbedi the footpath' dii''tKfe'sofcH'tSt Side. The- main road was originally under tho control and management of tho superintendent. Upon tho- abolition of the Provinces this' road, "being a main road, was vestod in the Hutt County Qouncil. In 1891 it became' vosted'in and under the control of the Lower Hutt- Council. ' Bridge Street not being a main road came nnder the care and control of the Hutt Town district, and afterwards the Lower Hutt Borough Council. Counsel did not think anything turned upon the question of tlio vesting of the roads. Tho point was; what had been done to tho streets by various local authorities.

Evidence was given by 'Fredk. A. Thomson, surveyor; Thomas Ward.'civil engineer; Harry D. Atkinson, clerk to tlio Hutt County Council; Tlios. Paul Allen; William Milne, farmer, Taita, and Henry Sanson; Percy Robert Purser, town clerk to the Lower Hutt Borough Council: William Donnelly, foreman of works for tho Lower Hutt Borough Council; Joseph Hall, 'and Henry RixTrott, C.E., engineer to Lower Hutt Borough Council. •

At this stage ' tho hearing of' the case was adjourned until this morning, when argument will be taken.