SUPREME COURT.

Gisborne Times, Volume XVIII, Issue 1447, 6 May 1905, Page 3

SUPREME COURT.

81-ANNUAL SITTINGS.

(Before His Honor, Mr Justice Edwards?) CLAIM FOB COMPENSATION. The case of Edward Pattrioks Joyce William Hall-Jones, Minister for Public Works, a claim for £4BOO for land situate at Kaitaratahi, taken for railway purposes under the Public Works Act, was heard before His Honor Mr Justice Edwards, and Messrs G. Grant and A. F. Matthews, assessors, yesterday. Messrs W. L. Bees and Stock appeared for claimant, and Dr Findlay with Mr Nolan for respondent. In opening, Mr Bees referred to the recent action in connection with the land which had ended in the Court of Appeal. Mr Joyce had established his right to part of the land, for which compensation was claimed. The land taken was situated adjacent to the railway station site, and was valued purely for the deposits of stone upon it. The Bailway Department now actually worked . the land, and carried shingle from it to Gisborne. Ho proposed to ask the Court to assess the value of the shingle, and would call evidenoe on this. His Honor said the question was what could the land be sold tor at the time it was entered upon. Dr Findlay said that where there was no business carried on, the law was that the market value of the land should be taken, or what the land would fetch if sold, and no more. His Honor Baid this was so, and remarked tbat he was not sure what purpose could be served by proceeding in this way, for of course, if the case was to end in the Compensation Court, the law would have to be taken from His Honor. Dr Findlay suggested that the evidence be taken, and the case stated for argument on the legal points. The suggestion was agreed to. E. P. Joyce, claimant, stated that a portion of his property at Kaitaratahi was taken for railway purposes. It was arranged with Mr Blow that the railway station was to be built upon a portion of it. The price of the land was stated, but did not include the gravel pit. Mr Joyce was aßked to produce correspondence, and was allowed to go and procure it. His Honor referred to the judgment of the Appeal Court, which ho said would very likely affect Mr Joyce’s claim materially and the amount of compensation. It was agreed that the question of area be left over. G. E. Darton, draughtman, stated tbat with the exception of a foot or two on top the whole of the area was covered with shingle. Witness did not know of any better shingle in the district. The shingle was used principally for railway purposes ; also for roads and footpaths, and for concrete. The royalty on such shingle was worth 9d per cubic yard. The place was very difficult of access. The Public Works Department were selling the shingle at the Gisborne station at 8s Id per cubic yard. By Dr Findlay : If witness were taken out to see the gravel pit in 1902 ho would not have bought it. There was a large deposit of shingle between the road and the railway bridges, but not so easily worked as Joyce’s, Shingle had been from below the river bridge for the last six years. E, P. Joyce, re-oalled, produced correspondence between himself and the Public Works Department, in whioh the latter pointed out tho greater value that would attach to the land by the railway passing through it. Witness came to an agreement tbat the railway station was to be placed 1 at Kaitaratahi, and so enhance the value of the land and the gravel pit Tho Bailway Department could not bring in gravel Continued on Page 4.