SUPREME COURT.

Dominion, Volume 5, Issue 1265, 21 October 1911, Page 12

SUPREME COURT.

WHO SHALL METAL THE ROADSf Mr. Justice Chapman, sitting in banco in the Supremo Court yesterday afternoon, heard ail originating summons taken out by William Holier Drightwcll, contractor, of Majoribanks Street, Wellington, and John Beck Finlay, agent, of Wellington, calling upon Georgo Groville Bridges, District Land ltegistrnr at Wellington, to substantiate and uphold the grounds of his refusal to accept plans as on deposit and to register dealings affecting certain lands of the "Hall Estate," Pahiatua County, The proceedings were under The Land Transfer Act, 1908. Mr. T. F. Martin appeared for the plaintill's, Briglitwell anif Finlay, and Mr. C. 13. Morison, with him Mr. Harold Smith, of .Pahiatua, for the Pahiatua County Council, who defended the action Plaintiffs arc the owners of tho Hall Estate in tho county of Pahiatua, and tho estate was subdivided for sale, and roads were formed through it. On February 4 of tho present year, the County Council passed a resolution to tho effect that the roads had been formed satisfactorily. At a later date, that body called upon Brightwoll and Finlay to metal the roads under the Public Works Amendment Act, 1910, and at the same time instructed tho District Land Registrar lo refuse to accept tho plans of the subdivision of the estate as on deposit, or to register dealings affecting tho lands as the roads had not been constructed to Ihe satisfaction of tho County Council. Briglitwell and Finlay denied their liability in regard to tho metalling of tho roads, and, relying on tho council's resolution of February •!, 1911, they brought the present proceedings. Tho Public Works Amendment Act, 1910 (by a schedule amendment), provides that the roads shall bo formed, and, if required, metalled to the satisfaction of tho County Council. Prior to this amendment county councils (with the excoption of the Solwyn County Council) had no power to demand that the roads should be metalled. The question for tho determination of I'lie Court was whether on tho facts sot forth, tho defendant registrar was entilled to refuse (o accept the said plans on deposit or to'Agistor dealings affecting tho lands comprised therein, on tho gronnds that the roads shown on such plans havo not been constructed to tho satisfaction of , tho Pahiatua ' County Council. After hearing argument, his Honour reserved decision.