A COMPENSATION QUESTION

Evening Post, Volume LVI, Issue 72, 22 September 1898, Page 6

A COMPENSATION QUESTION

Some curiosity has been felt in town concerning the effect of the award given by the Compensation Court yesterday iv regard to the claim made upon the Corporation by Mr. P. Jenkins for damage done in the construction of a public drain through Miis property. As it was stated in evidence that there were 150 similar drains in the city, it has been inferred that, the verdict having been given in favour of the plaintiff, t herofore the Council would bo flooded with like cases. On enquiry we find that there is no ground for such fear. Under the Municipal Corporations Act provision is male for drainage construction, aud the procedure/

thpre laid down is that when it is the intention of the Council to ma a. public dam. through private property notice ot such intention must be sent to the parties luterevfcewß,, with an intimation as to 6be tinnjolwriifc within which objections must be- attiteuU. The Council issued about 150 ratifies: umlmv this provision. Out of that. ana_Ber only/ some five objections were sea*, inv-'iniilfihrm?.' of the uto owners took no futfitieirm'.f.iun.. When an objection is receive/I t.Ou? Oniiioili must hold a special meeting- befin's 1 ffiiiiihi Uie objector appears and slates bis, iswe.. £11" the Council is nob satisfied witsbt l.liis objections raised ifc can proceed "vitro the work and leave the assessment ot damages to the Compensation Court, for in a test case heard before tho Court of Appeal last year — the Corporation and Mr. Jenkins also heiug the parties to that action — the Court decided, as a matter of law, that compensation was due to a person through whose property a "barrel" drain was taken. Yesterday's decision will not affect the 150 persons who have received notice and failed to lodge objections. Besides, as was properly pointed out, the bulk of the people recognise that there must be a certain amount of give and take in matters affecting neighbours, and this is a reason why tlipre have not been more objections raised. The Corporation officials consider yesterday's result a " barren victory " for tho other f-ide, as the small compensation given would not cover the expenses the plaintiff had bean put to in maintaining his case. The Mayor, when interviewed on the subject, said the Compensation Court was the safest and best tribunal to which the Council could refer claims by ratepayers for damage to property.