SUPREME COURT.-CIVIL SITTINGS.

Daily Telegraph (Napier), Issue 3859, 29 November 1883, Page 2

SUPREME COURT.-CIVIL SITTINGS.

This Day. A (Before His Honor tho Chief Justice, and Messrs Lyndon and Hackett, Assessors.) The Court sat as a Compensation Court to-day at 10 o'clock. COLENSO V. MINISTER FOR PUBLIC WORKS. A This Avas a claim preferred under the Public Works Act, 1882, for alleged injury done to certain sections, tho property of the plaintiff, by the construction of raihvay Avorks. The amount sought to be recovered Avas £390. Mr McLean for plaintiff, and Mr Cotterill for defendant.

Mr McLean opened the case, stating that the "claim for compensation Avas mado iv respect of sections 325, 327, 330, and 331, in the toAvn of Napier, Avhich had been purchased by Mr Colenso from the Crown in tho year 1855. Some considerable time ago certain lands for raihvay purposes had been taken by tho Ciwn, the taking of Avhich had resulted in considerable damage to plaintiff's property by closing up access to it from certain streets in the locality. Mr Cotterill, for the defence, claimed that no injury whatever had been done to plaintiff, but that, on the contrary, much good had been effocted by the action of the defendant. ( , , After a lengthy argument between counsel on both sides as to the nature of the claim His Honor suggested that tho better course would be to assess the damage on tho suppostion that the claim Avas a valid one. He did not think it was. Mr McLean then called William Colenso, clerk in orders, avlio stated that his property had sunk in value more than one-third by the taking of tho land in question. It Avas also isolated in consequence. Ho had sustained a great

loss through the taking of Stamford street for raihvay purposes. It Avas of great importance to him to havo access to Hastings street from his sections. Witness then detailed the manner in Avhich he had leased his sections, and the terms of the leases. Ho valued all the sections at £3 por foot frontage in 1878, and to the end of 1882. If tho road wore nOAV open he should ask £7 per foot for the corner section at Stamford street, and £4 to £5 per foot for the other ones. The depreciation in value iioav was from £4 to £7 per foot frontage. He considered that each separate section had depreciated to the extent of one-third m value. By Mr Cotterill: Ho attributed the depreciation solely to the closing of Raffles street. Ho Avas aAA'aro of the existence of

Miller-street. He know Miller-street Avas used by the people of that locality. He Avas also aware that it cost moro to carry things to tho tOAva by that way than before the street was open. The people themselves had told him so. Ono of his tenants, Mr Eraser, had said it mado at least £6 a year cliftoreneo to him. He had no transactions in purchasing land in Napier during the last two or three years. Ho had not offered his sections for public sale or private contract during that time. He did not think land in Napier was cheaper now than in 1878. Section 331 was now unoccupied. He had not offered it to anybody since he declined Mr Robjohns' offer for it of £500. Section 330 Avas occupied at present. Section 325 Avas leased at £3 per foot.

James Rochfort, surveyor, stated he had prepared the plan (produced) showing the section purchased by Mr Colenso^ and tho moans of access to Hastings .street from Miller street. Ho had been in Napier for a long time. He considered the depreciation of value of tho corner section, owing to tho closing of Stamford street, Avould be about one-half, and of tho other sections about an eighth. By Mr Cotterill: He did not think the opening of Miller street Avould make any difference in regard to tho estimate ho had formed as to depreciation. He Avas aware that Stamford and Raffle streets had never beon used at all.

James Fraser, engineer, stated that he held a lease, ivith purchasing clause, of half of section 330, at £3 per foot. Tho difference to him by the closing of Stamford street was that his property had decreased iv value one-half for his own convenience. Ho meant by his own convenience his business in toAvn. AVhen ho bought tho property it Avas on the distinct understanding that Stamford street would be a benefit to him. The other sections owned by Mr Colenso wore in the same position ivith regard to access to thorn. By Mr Cotterill: He probably would take 30s per foot for the laud uoav if it Averc offered to him, adding the value of tho house. His house had cost him £130. He did not know what he assessed it at. He made no objection to the property tax assessment. ISc di'l not con.sicler }_.;. property enhanced in value by its proximity to tho raihvay. By Mr McLean : Ho had improved his house, and had also done some filling in. Henry Charles Robjohns, merchant, stated that ho ivas the owner of the Hawke's Bay Brewery, situated on section 333. He ivas tiAvaro that Stamford-street had been closed some timo in 1881. Ho made an offer of £500 to Mr Colenso for his section 331 before ho kueiv of the closing of Stam-ford-street. He scarcely knoAV whether he would give that amount now, as he did not knoAV that the taking of the street Avould make any very great difference to what bo wanted it for. Ho required the section for tho purpose of adding to his brcivery. There was much shorter access to Hastings-street formerly than was noiv the case. By Mr Cotterill: Ho had mado a claim for taking section 331, .subject to the award of tho Court. He made no claim for the closing of Stamford-street, nor did ho make any claim for the depreciation of section 333 by the railway. By Mr McLean: The Government plan shoAved he himself had built ou Stamfordstreet, but lie did not agree with it. That closed the plaintiff's caso. John Thomas Carr, resident engineer of the Napicr-AVoodvillo railway, stated for tho defence that Miller-street ivas opened by his recommendation in compensation for tho closing of Stamford-street, Avhich contained eight lines of rails. The closing of that street Avas in consequence of _ the danger from the engines running along it so frequently. Stamford-street was half swamp before tho Government filled it in, and for tho purposes of a survoylio had to climb along a fence to get across it. By Mr McLean : Six of tho lines of railway had been there for six or seven years, and tho other tivo since 1870. He surveyed the laud in May or June, 1870. That was not tho middle of summer.

Richard Williams, borough valuer, stated that he had been iv Napier twenty-four years. He kneiv Mr Colenso's sections. Ho had made n calculation of the value of these sections beforo the closing of the street. They were based on a value of £200 each in 1870. Tho corner one might possibly bo valued a littlo higher. Tho sections were rated higher now than at that timo, and would bo rated still higher at the next valuation. The closing of Stamford and Rallies streets, he considered, had mado a little difference to small properties owing to the increased distance to town, but the absolute value of the land was increased ou the whole, owing to tho raihvay facilities.

By Mr McLean :He was positive his assessment of 1870 was correct. Ho rated properties generally ou a. higher value now than formerly. Ho believed property generally had increased in value. He could not toll now much would bo added to properties at the next valuation, (Left sitting).