COMPENSATION COURT.

Dominion, Volume 2, Issue 423, 4 February 1909, Page 9

COMPENSATION COURT.

. $. ■ CLAIMS FOR LAND TAKEN.

> ISLAND - BAY -RECREATION "GROUND. ■:'■.: Further' evidence relating to :the ■ claims. brought by George Henry Baylis, Michael George Phelan, ;Georgo Willis Harvey, and Walter. Whitehpufe against the City Council for land taken at Island Bay for the purposes of a recreation ground was heard yesterday by the Compensation Court, which consists of Mr. Justice Chapman (President),'Mr. -J. C> .M'Kerrow (assessor for the claimants), arid. Mi\ T. K. Macdonald (assessor for _the .Corporation). Tho : amounts of tho claims were: G. H. Baylis, £12,560;-M. G; Phelaiii £1365:.AV. Whitehouse, £900; ; and G. :W. Harvoy, £1122; grand.total, £16,947. : ■ ■ Mr.: Gray : (with him . Mr. Weston) appeared ou behalf of the claimants and Mr.; Morison (withhini Mr: O'Shea) for the respondents. [ : ' r ' ■;.■'.■.;;■■.;. ,■'.-■■'. :■ . . Nicholas Fernandos, fish merchant, of Wellingtonysaid he had known Baylis's place at Bay for about 35 years. He had lived down;on,the beach in the '70's, and. though they, had .bad weather, it ■ was never 7 bad..enough; to flood them out. The boat harbour.: was safe enough for dinghies in fine .iyeatnhQr.--.- ■■'V-'.v {■"..'. ■'.■'■::■' ■■ ■ '. ;' : -.. ■• = : m ■'; William Hurcbmb, another fish merchant, who had known Baylis's property ai: Island Bay for some,ls years,.said he thought the boat harbour was quite safe. He had never : known the sea in time of.heavy weather to break up as far as the middle of the road. The fishermen's huts' ,at Island Bay. !to his knowledge,-were never damaged by the sea.' ; f:T6 his ■Honour:';':.He gave;.no ::instructions, to the users of boats in which he; had -an interest. as to .how far they., were to draw their boats, up. :'-:;v : ..,;■;.-.; ;.- ;■; -._ w'-y. -Herbert John Henry) a law clerk, said he had been, living: in 1 a •■.hut: on the beach at. Island Bay for: some time. ; He described the storm of January: 16 at'.lsland Bay as an exceptionally heavy sea.' After it-was over he was unable to detect ony. damage done to thfv property;-nor to water "which Has; washed."' byer. ; the road: Ho" had never, ;seen ian accident happen ,te a boat moored in .the .harbour in. rough'.weather. . His : section; had been;bought from Baylis at £6 a foot,: aiidhe had never, known water to come up oli:the' land between;Baylis's'and the wharf.] ■ site.'.lt.was his opinion that; Baylis , b-land; '■would-never be'Jooded.' .>: ; Y : : . "■ :"'•. Dr. Frengley, district' health ofiicer,: said he;knew, theiseptic;tank which .was to take sewerage;: .frtm-'lslandi^Bay,and The site- which; had , been chosen was ; the most though _the" tank, could".have;been put .further..;.up. the. : .valley), or even; in: : the 'roadway.: \?;--'.:-..;. ; 'iwi _ .-// ; ;, v: ''o ; :^ /Mr.Weston: explained r that- this ■was given. ; . because .if>tho: land taken ■•. were suitable: for; a ■ septic ''tank . site" it.should' be: valued as such. :, : -\: .•■■,■.'•■-." /'Frederick Lawtbn said_ he had ; 'npt seen _any, floodingof the road during the recent sterm. I All. there.: was was a:little whioh :had 'been blown: the. wind on !to 'the road.. ; ".'■: '',';''■■■ •';/■. This concluded ihf.-'case, for. ihe'claimants," with'the^exceptioniof'two witnesses which respondents;.'agreed r te 1 allow'to be called' liter. : v ;; v-;.:;:Y; d;.': ■:':■" :"'• rln the; case;for ; the; respondents,, Mr.. Morison ..urged that, although inßaylis's, case '-'.the" compensation'was not all payable;to" the Court'had only to concern, itself withHhe. .value of the land taken., :Tho division,of tho compensation 'among the various claimants would be,a matter..?or sub-, 'sequent; settlement,;-jThe l Public-; Works.; Act,' 19g8,'. : provided ■ that -where:land was. i :subr. -ject- to' a': mortgage. the money should; bo. applied, in discharge, of;the' mortgage, andi : he .held that'•_. the: same'■■'.principle' .'should ? apply; inicase-of:.an;, unpaid: vendor,. .-This , , however,. was not; a. matter 'for them;; theyjwere'. concerned'with; the: •compensation; Snly.-y : :''' : :^:':;'. : ,,- y.;"' >l : }] : : v : ":i,:::,':;'^;i;: ;, ,:;'.i "r.'His Honour said, hes thought the ibest/wriy ■,was v :for,bpthvnarties.: to ■■consent ■to : anvorder', • striking• out .thei'septired -portion .of .the claim.■ padding'^;him., as.;;avpartner.f:to: <,thevtwoVbther '■', claims;' The.chief value or-.the.prpperty;.te.;be' settled, Continued Mr for..-the,fsupply": of:'fshirigle; " ; ~'Th; tliis-'regard' ;hy:heldithat;!they;;:liadv.to'.t.ake/many things: into:':: acoount;:; thercbsV of;':wbrkjrig,. and .the demand for; gravel.. -'J :'To ascertain .the Jdemandv.they: must take;:';iuto'.; consideration '•;, any : ; special circumstances.Tvhici) created a demand..: Then; "claim., must. :? be:! ma.de-either- for.tho. land;, as ..a"' l gravel: bed,' or . as-. a : building site!'••,'■:■'lt ;.could.not;;be ':used>.for.' both.;.:: For. ■building, purposes -the laiid- will only be , suitable after-the expenditure of a great ;amoiint' : of,-;ihbseyV.jn:jißllin'g.''anrJ;'p i r , <!tißotio i n:j.>;-The' iclaimaritsdidnot take, into consideration that :;what'-had' , happened.'-might'.iihaprieh- .'again. . There; was u alwajs the chance', of 'getting : a' strong?sputberly:;^vith;;a;; spring: tide^\.Tho : .minimum,>wallvne'ede'd-'.'for protection. ..would put. such , : a>;burden;of ■ espensevand -interest onr.thev'prppertyxthatvno.qne would take it up'.f: :s;j*i'ir*v ; :?;, ■' -;»:■■: .Andrew. , James .'Patterson, assistant:: engineer V.:tp''-'the.-VCity. , ': Corporation,, described the ■circumstances:;under.;which the concrete wall was; ereofed. at Island:-Bay. ■' ■ Baylis'.coritributed/to*. the .cost,"j;the'.corpbrdtidn.;oarry-:ing:-.dut:v'the v ;Work.':..in--.. : 'June;;'l9o7;,'^'A, ! smaU sjrjpil;wall which had beeivereoted ■:. .had hot been, : washed:- away, 'but,:was ; ;silted. up ; bv isand. Iri'theisouth-westerlygalo.'of 1907 much damage ,was ; - done; to. the" tip: at 'the head of :Mr.:;:iaylis's;;quarry,.; and,; the' smithy 'was also undermined. :.^,on ; the : rda(l.near Phelahfs section,' Seaweed -had.'beeh 'thrown up. and >hingle ; had;beeh,washed; put.from;:the-road-for .a. pbrisiderable ■; dietance.' ; - The'-vJanuary.' gales .of ;_this'year had: washed away a rubble .wall;;;which l ,: :had,;.been;ierected::opnosite::.to Pholah-s.section..■'■'iWitness Btatedthat there :Were;riq : -:boats.:;in/ : theihaTbour : -.:'at thc ; time of:.theisoutherliestin' Jahuary, and with, his .experience, of/yachting: he: was sure that-no' boat'.'could'..hold', .in such a sea/ ■; ; ■-'' '/ : -'. '.

■. 'A number;of photographs,: taken,by. Mr. Patterson;;a;..short;;time after, the January storm,l -were :' They -showed several views..ofithebay"and the adjoining^sections.' 'went, on'to say.-_that'in his'opinion a;south-westerly.:.gale was more dangerous' than; one ;i from 'the: south-east.;; When ; . the windennie'at'the'same. :time as'a spring '.title it.incr<;a3ed,ihe' iiivasioriVof'-thevwaves considerably./. To, protect the-sections: from the dangers of flood watersja wail at l .least nine feet high" would: be: necessary. :■ :>v- -.'..-.. ; .-■:- :•'■ At'.' this '■-'sfage the -.Court-, adjourned luntil .10.80; this morning. ;- ; ;;;.v; l\ : L::'.".:;-'- -" ; ;:"-;.'a ';,;.;: ;i: : : i:;^.; i :v; ; :v' : ;:: : . ;-y./:;:: ':■:/: '/-'v '■;■