LAND FOR ROADS.

Taranaki Herald, Volume LX, Issue 143767, 16 April 1912, Page 3

LAND FOR ROADS.

A DEFECTIVE LAW,

Per Press Association, WELLINGTON, April 16,

Tho Chief Justice to-day gave judgment in the case Smith and others v. the Attorney-General, involving the point whether land for a road can be taken without compensation under tho provisions of the Native Land Act and Public 'Works Act, when such lands were originally vested in Natives, but were now in a title under the Land Transfer Act.

His Honour held that the Governor had power to issue a proclamation, taking these roads. No doubt this was a very hard case, as the land was purchased in 1880, but the Act gave the Governor power, and any hardship created by Ijjs action must be remedied by the Legislature or the Executive. In a similar case, Solicitor-General v. Cave and others, the Judge said no doubt there had been a slip in the passing of tho Public Works Act, 1894, regarding tho limitation of timo for taking land, and the Government or Parliament would no doubt see the slip remedied. At present, however, the court must decide in favour of the Soli-citor-General.