TAKING A ROAD.

Gisborne Times, Volume XXVI, Issue 2138, 13 March 1908, Page 2

TAKING A ROAD.

ALLEGED TRESPASS COUNTY COUNCIL SUED. At the Supreme Court yesterday, Jessie A. Stewart sued the Chairman, Councillors, and Ratepayers of the Wairoa County for £IOO damages for trespass. Air Bell K.C. with Air Chrisp appeared for plaintiff and Air G. Stock defended.

In opening the case Air Bell said that the dispute was over the position of a road upon which plaintiff had spent considerable sinus of money and which ran through his private property. Floods had at certain times, shifted tho position of tho road, and the County Council sent their engineer on to tho road to report on the damage caused by washouts. The position of the road had been shifted by the washouts, and the County Council had removed a fence, erected by plaintiff, from across the road. The road was not a public road, it had not been dedicated, and the Council, while it had power to take the road under the Public Works Act, neglected to do so. Plaintiff now asked for an injunction to restrain the defendants from removing the fence so as to make a roadway, and damages. Tho only answer the Council could give to tho case would be something to show that tho road had been dedicated; or was a recognised public road. Charles Edward Stewart, husband of the plaintiff, said that liis wife held land close to the Hot Springs at Morore. There had been some difficulty in getting a title to the property, owing to tho absence of any public road being near the property. Land in the district was worth about £IOO per acre. In 1895 a washout carried away the public road and , formed a river bed. Floods in that year did a considerable amount of damage all over the district.' The engineer to the Wairoa County Council came to witness and said he would need to take a road through the 1 property. It would, Tie said; he a rather expensive business to take it under the Public Works Act, and asked that the land bo given without recourse to the, Court. The engineer said he did not know exactly how much land would bo needed for a permanent road, as the riyer was very shifty. He would probably have to make a cutting to take the road through. , Witness gave his consent for the Coniicil to form a road, which was to be permanent. Tho Council’s employees moved back thp fence, and made a small cutting, so as to carry traffic. About five years ago a more permanent road bad been made, and the cutting widened. AYitness told ono of the Council’s emnloyees that the road was on his wife’s land, and it was time tileland was taken under the Public Works Act. Some tune afterwards lie-asked one of the councillors to attend to the matter of tlie taking ot the road. . , Air. Bell then read a report, submitted to the Wairoa County Council by the County engineer, at that time, dealing with tho condition ot the AVitness, continuing, said that lie wrote to the Council, and also made a request to the chairman, to liavo tho road legally taken over by tho County. He was unable to get -any answer to liis request, and lie placed the matter with a firm of solicitors. Cross-examined : AVitness said the coaches used the road in dispute about four times a week during the summer months. It was agreed that when tho road was taken tho Council should nay for the land. He had never objected to the public using the road, hut did not admit, it was a public road.

■ Mr. Stock read a loiter sent.by witness to tlie Council, in which he admitted that the road was a public one. but that the land had not been paid for. Witness, continuing, said he denied that- the road was a public road. The road was a narrow one, and lie had frequently asked the Council to. survey the road and pay for the land. The Court then adjourned until half-past 9 this morning.