SUPREME COURT

Dominion, Volume 10, Issue 2920, 4 November 1916, Page 3

SUPREME COURT

RIGHTS OF A RIVER BOARD

The Chief Justice (Sir Robert Stout) had beforo him in the Supremo Court yesterday a special caso affecting the rights of river boards.

The Hawke's Hay lliver Board claimed from William - John Carrick, of Fernhill, near Hastings, farmer, the sum of £18 95., being the cost of clearing the stop-bank oil defendant's property, and repairing it. Mr. C. P. Skerrett, K.C., witli him Mr. Sproule, of Napier, appeared for tlio plaintiff, and Mir. H. B. Lusk represented defendant.

In his opening statement Mr. Skerrett said thai tne claim was a trifling one, and what was really desired was a decision of the Court, and the n\ain point's the Court would be asked to decide were:—(l) Were the Etop-bank and willow plantation Tiver jmicective works? (2) whether the said works wero invested in tho board for tlio purposes of the Act by reason of the tact that they, had "been, and were, under the view, cognisance, and management of tho board; and (3) wliother tho land transfer title of defendant of "his,vendor precludes such vestiugs. Counsel, continuing, said that defendant's land was formerly part of tho Flaxmore Estate, of which "William Ilussell was owner. Tho later owner many years ago planted the willows, or most of them, and in 1899 he put up a stop-bank for tho purpose of keeping the river in a defined channel. It was contended that the defendant had cut down many of tho willows and allowed soino of the trunks to fall in such a manner as to damage tlio stop-bank, jilso that ho had permitted his cattle to stray on. tho stopbank, which caused it to bo broken down and injured. Tho defendant took no notico of the board's request to repair the' stop-bank, and the board's servants entered upon the defendant's land, cleared the stop-bank and did certain'fencing work, the cost of which tho board now sought to recover. •

After hearing Mr. H. B: Lusk, for the defendant, His.Honour reserved his decision. • •