SUPREME COURT.

Star (Christchurch), Issue 6832, 21 April 1890, Page 3

SUPREME COURT.

Civil Sittings.

THIS DAY.

Before His Honor Mr Justice Denniston)

SMITH V. ESSERY,

Mr Stringer for plaintiff j Mr Izard for defendant.

Mr Izard applied for an adjournment, in order to enable his clients to comply with an order for the discovery of documents.

Mr Stringer agreed, and the case was adjourned to Wednesday next, at 11 a.m. ST ALBANS BOROUGH COUNCIL V. GEOItGE

EING.

Mr Fisher for plaintiff, Mr Kippenbcrger for defendants.

This was au action to have a portion of the River Koad, Sh Albans, declared a public road. The plaintiffs' statement of claim stated that in or about ISSI, the Canterbury Association had set apart the land in question for a public road, that it was vested in the Crown until Nov. 21, ISSI, when it became a. street within the Borough of St Albans, and vested in the plaintiffs by virtue of the Municipal Corporations Act, .1876. That the defendant had applied to have a certificate of title under the

"Jjnnd Transfer, ISSS," issued to the Colonial Bank of New Zealand in respect of the laud, and that the District Land Kegistrar had notified his intention of complying with the application. That tbe defendant was formerly the owner of the land adjoining on the North side, and that the certificates of title to the same state that it is bounded on the South-east by a public road, being tbe land now sought to be brought under the Land Transfer Act by defendant. Wherefore the plaintiffs claimed an order declaring tho lane to be a public road and one of the streets of the Borough. For a further cause of action tbe plaintiffs said that either previous to or during ISSI tbe land had been sot apart by the Crown as a public road. Wherefore they claimed, in addition, an order restraining tbe defendant from proceeding with his application, such other judgment as the Court mighb consider plaintiffs entitled to, and that the defendant be ordered to pay the costs of the action.

The Btnteineni of defence denied the material allegations of the statement of claim, and said that on March 21, 1854, the Provincial Council passed the Wakefield Road Alteration Ordinance, closing the land as a public road, on condition of Edward Gibbon Wakefield making a new road, which wa9 done. That the road to be stopped under the said ordinance had never been used as a road, but had been fenced, aud had been in possession of the owners of the land on the North side of the stopped road. That, under the circumstances, the land had ceased to be a road. That the defendant and his predecessors in the title had been in possession for twenty years and upwards. That the defendant is now entitled to all the rights acquired by Edward Gibbon Wakefield, under the said ordinauce.

Mr Kippenberger said that since the ahove defence had been filed certain fact 3 had come to the knowledge of the defendant, which showed that the defence could not be sustained. He would therefore withdraw it, and would net offer any opposition to the plaintiffs' claim.

His Honor mada the order claimed by ;he plaintiffs, with ten guineas costs.

The Court then adjourned to 11 a.m. on Wednesday.