LAW REPORTS.

Dominion, Volume 4, Issue 1189, 26 July 1911, Page 3

LAW REPORTS.

SUPREME COURT. IS KING'S ROAD TO BE'NARROWED? "THIS CASE IS NOVEL." "All I can say is that this is novel. I have never heard of a rase like this hefore in the history of any Legislature." This remark was made by his Honour the Chief Justine, silling in Chambers in the Supremo Court yesterday, Io hear argument in reference to the question of narrowing King's Road, Miramar, from 03ft. to Gfift. The case came in the form of an application by the Miramar Borough Council for an order, removing a caveat, which had been lodged by Hector Norman M'Leod, ono of the propertyownors affccled, to prevent tho registration ot an order of the council diminishing King's Road to 66ft. Mr. i<. F. Martin, with hi'm Mr. T. loung appeared for the Miramar Borough Council, Mr. Martin Chapman, K.C., lor the caveator, and Mr. J. \V. Salniond, Solicitor-General, represented the Attorney-General. I'hocaso was previously mentioned on •' 'fly la, but his Honour decided that an adjournment was then necessary, as the qaes.in n involved was such an important one that the Government should be represented.

Mr. Martin submitted that this was not a proper cases for the lodging of a caveat. Ho moved for the removal uf the oavent on the ground that the caveator had no tw W n ° ° d " c U, aml nlso on thc B ro »'"l ■ ti , l nteve!it claimed was not sufficiently defined, and could not bo defined because the caveator had n<. snoh interest n-s the statute required that he should have. A borough council had power to wholly stop a road, and, before thev had that power, they had power io diminish the width of a road. r,r,d sell the land, lett over by the diminution of the road, to the adjoining property-owners. Mr. Martin was proceeding Io go into the general rignts of the council to <lispo=» of land not required for a street, apart from the objection of the caveator. when Mr. Chapman interposed, and asked that the Court should decide upon the efficacv or otherwise of the caveat to restrain the council. The preliminary objection that the caveator had no right Io lodge tho caveat might prevail, and counsel thought that it would be well to have the caveat disposed of before other proceedings were brought. His Honour suggested an adjournment until fins morning, in order that the parties might come to some agreement as to the form in which the case should be presented. Tho case will come up again at 10 a.m. to-day.