COURT OF APPEAL.

Dominion, Volume 5, Issue 1502, 26 July 1912, Page 9

COURT OF APPEAL.

WHEN THE DBAINS OVERFLOW. WHAT SHOULD BE DONE? Yesterday afternoon ■ the Court of' Appeal was engaged hearing argument on certain points of law arising out of an action claiming damages in respect of the tlooding of drama. The Court comprised tho Chief Justice (Sir Bobert Stout), Mr. Justice Denniston, and Mr. Justice Sim. The parties.in tho action are William Bryant Vater Pearce,. farmer, of Eanriotu, plaintiff, and the Manawatu Land Drainage Board, of Palm-erston North, de--fendants. . ?'i r " £ E^ Bal(lwil1 appeared for Pearce, while Mr. C. B. Morison, with Mr. P. H tooke, appeared for the defendant board. In the statement of claim filed in the Supreme Court it was set out that Pearce is tho owner of land in the drainage district of the Aorangi'Land Drainage BoaTd and also of lands in the district of tho Manawatu Board. It was 'alleged that the defendant board had negligently diverted into certain drains a greater quana c water ' nan tne drains were capable of conveying and had also increased tho quantity of. water without providing additional means for conveying it. A further allegation was that the board had allowed the drains to ,fnll into disrenair, bo causing them to overflow and do injury to Pearce's land and stock. In respect of theso injuries, he claimed £200 damages and a mandamus compelling the board to clear the drains. • P CT J£ in points of law were removed into the Court of Appeal for argument, and for the purposes of. argument, "the following admissions were made:—That the main drain was on land taken by-the board under the Pnblic Works Act; that tho board was incorporated in 1831 and had since that dote had the control and management of all the drains complained of i that prior o 1894 all tho drains complained of existed and had been made br TO^7ll nm^ ntof N( ™' Zealand, decide is: Whether plaintiff has a comshould proceed by way of a claim for c—sabon? Or. whether ho ■*& id- apLegal argument was still in nro-re's at if p.m. whon tho further heanV w"s edjovrned until 10.30 a.m. to-dny

THE BED OF LAKE ROTORUA. DECISION RESERVED. Le»reJ arffuniemfc was concluded in the Court of Appeal yesterday in tut sp»Hal case id which the Court is asked to (ietermir.e a number of questions in ward to the ownership, of the bed of lake ttotorua On tha Bench-wcro the Chief Justice (Sir I'obwt Stout), Mr. Justice Williams, Mr Jiixtico Edwards, Mr. Justico Ccopcr, and -Uγ, Justice Ghnpman. The plaintiff in the action is Taraihana Korokai, aboriginal Native, of Hotorua. ile is proceeding on behalf of himself and all others who are the owners, accoTdiuf; to Native custom and otherwise, of the land covered by the waters of Lake Eβtonia. Tho defendant is (he SolicitorGeneral. Mr. C. P. Skm-rett. K.C., and Mr. C. B. McTispn, »rith Mr. G. J-J. Fell, apixsared for the plaintiffs, while tho FolieitorOeneral (Mr. J. W. Salmond) appeared in person, and had Mr. 11. 11. Ostler, of tho liW Offico - associated with him. i-ml particulars of the claim by tho natives were published on Wednesday. Argument'ooncluded just before I! p.m. yesterday, when the Court reserved decision. ■■