COURT OF APPEAL.

Dominion, Volume 4, Issue 1111, 26 April 1911, Page 5

COURT OF APPEAL.

THE WAfHAO DOWNS CASE. FARMER'S LAND TAKEN". Argument was continued in the Court of Appeal yesterday in a case in which Edward Butler Harrison, of Wailiao Downs, near Waimate, farmer, was appellant, and tho Waimate County Council, respondents. Tho appeal was against a decision given at Timnru in October last by Mr. Justice Sim, allowing an injunction restraining Harrison from proceeding with a claim for compensation against the County Council for land taken under the I'ublic Works Act for the purpose of a road, and for land injuriously affected by the construction of tho road. Tho Court consisted of the Chief Justice (Sir Eoberfc. Stout), Mr. Justice Williams, Mr. Justice Edwards, and Mr. Justice Chapman. Mr. H. D. Bell, K.C., with him Mr. W. E. Kinnernej, appeared for. the appellant, and Mr. T. F. Martin, with him Mr. W. Hamilton, for tho respondents. Mr. Bell concluded his argument in tho morning. Mr. Martin urged that Harrison had elected to take tho agreement for £700 compensation, plus certain works, in lieu of his statutory rights'.- Counsel submitted that tho agreement was a concluded agreement which covered all the terms which tho parties intended to deal with. As to tho point whether tho contract had been executed within tho requirements of the Counties Act, ho urged that they wero not bound by tho Act, basing this contention on the ground that it was an agreement for compromising an action. Tho oouncil having appointed two of its members to come to an agreement, these councillors were, ho urged, authorised to sign tho agreement. Argument was stiir proceeding when tho Court rose. It resumes at 10.30 this morning.