COMPENSATION COURT

Globe, Volume XXIV, Issue 2672, 30 October 1882, Page 3

COMPENSATION COURT

THIS DAY. [Before His Honor Mr Justice Johnston and Messrs James Henderson and Buss, Assessors.] G. H. HO ORE T. THK CROWN. This was a claim under the Public Works Act for compensation for land taken by the Government for the purposes of the Weka Pass section of the HurunuiWaikari line. Mr G. Harper appeared for the claimant, and Mr Joynt for the Crown. Mr Harper, before opening the case, wished to draw the attention of the Court to a question of jurisdiction. His Honor —Being the claimant, does it lie in your mouth to say the Court has no jurisdiction ? Mr Harper said the point had only occurred to him at the last moment, and he considered it his duty to bring it under the notice of the Court. His Honor said he would at any rate hoar what the point was. Mr Harper submitted that the proclamation of the Governor, which defined the railway line, and which was supposed to give the Court jurisdiction to hear the claim, was erroneous and unintelligible. The learned counsel pointed out that the proclamation was defective in its enacting part, the wrong schedule being inserted. Mr Joynt admitted that his learned friend was right, and that the proclamation was unintelligible. His Honor said the attention of. the Court having been drawn to the irregularity, how could they go on ? Could they proceed with the case by consent ? There was no question that tie facto the land described in the petititioner’s claim had been taken and that the railway had actually been made. Seeing that the claim was invalidated through a pure blunder iu framing the proclamation, the G overnment would probably got an Act passed validating the proceedings, and placing the parties in status quo. The question in the meantime was whether the case could go on by consent. Would the Government bo prepared to fight the claim on its merits and have the damages assessed contingently ? Mr Joynt did not feel justified in consenting to confer jurisdiction on the Court. It was for his learned friend to show' that the Court had jurisdiction to do what ho had called it together to do. Mr Harper said that in the face of the mistake in the proclamation he could not in justice to his client proceed with the case, as if ho did ho would be defeated on the ground of jurisdiction. That was the reason why ho had raised the point. His Honor said that the Government was really to blame for the failure in this case, as they were responsible for the correction of the proclamation. After discussion. His Honor decided that the Court had no jurisdiction. Each side would pay its own costa. The Court then adjourned.