SUPREME COURT.

Dominion, Volume 6, Issue 1816, 31 July 1913, Page 11

SUPREME COURT.

COMPENSATION LAW SETTLED. AUCKLAND 'CASE. Ail Auckland case, in which the Crown wns concerned, occupied tho attention of a full Bench of tho Supremo Court in Hay lost, ami reserved decision on Hie questions before tho Court was delivered yesterday. The Chief Justice (Sir Robert Stout) presided, and sitting with him were Mr. Justice Denniston, Mr. Justice Edwards. Mr. Justice Cooper, and Mr. Justico Chapman. Tho matter came before tho Court in the form of a special case stated V,y Mr. Justico Cooper, JPresidentof tho Compensation Court at Hekisvilla. to "eettLa a.

general question of law. Tho parties wore: Robert Eo?s, former, of Kaiwaka, claimant, nnd tho Minister for Public Works, respondent. Mr. M. G. M'Gregor, of Auckland, appeared for tho claimant, while the Attorney-General (the lion. A. L. Ilerdman) appeared for Iho respondent. Robert Ross, the claimant, owns two blocks of land, through which tho Ilelens-ville-North Auckland railway inns. Ho filed a claim for compensation ill respect of land taken, and other laud injuriously affected. During the hearing of ihis claim, the question arose as to whether the Court, when assessing compensation, should taka into account any increase in value when such increase is' common to all the lands in the district. Tho question, as to whether the Court sliould deduct for betterment in tho ense of a special increaso in value of the lai.ds affected, did not enter into the argument. Yesterday, their Honours, by a majority verdict, decided that when assessing compensation. tlio Court sliould take into consideration any increaso in value even when such increase was common to all the lands in the district. SEAMEN'S MISSION BUILDING. THE DECLARATION OF TRUST. Questions concerning tho control of the Missions to Seamen building at the corner of Stout and Whitmoro Streets aro involved in an action which was commenced in tho Supremo Court in June last, and continued yesterday before tho Chief Justice (Sir Robert Stout). Tho action is an application for rectification of a declaration of trust. Full particulars of the claim and tho defence wero published when tho case first came on for nearing.

Tlio plaintiff in. the action is Mary Ann Williams, widow, of Wellington. The defendant's arc: The Attorney-General; the W. R. Williams Memorial for the Missions to Seamen Trust Board; and tho Rov. A. M. Johnson, Dr. H. Pollen, G. W. Barltnop, J. W. A. Ma reliant, J. A. Tripe, and C. P. Powles, all of Wcllington, and all members of tho Wellington committee of tho Missions to Seamen, ifr. C. P. Skerrett, K.C., with Mr. T. Neave, appeared for the plaintiff. Tlio AttorneyGeneral was not represented, but for the other defendants, Mr. T. F. Martin appeared. , At the previous sitting of tho Court in June, the evidence of Edward Balcombe Brown, plaintiff's solicitor, was taken, but counsel did not deliver any opening address. Before any further evidenco was called yesterday, Mr. Neavo outlined tho, caso for tho plaintiff, indicated tho conditions on which the . Missions to Seamen Building had been orected by Mrs. Williams, and touched upon the alleged l defect in the Declaration of Trust, which tho Court was asked to rectify. As the evidence had not been completed last evening, tho further hearing of the case was adjourned until to-day.