ROYALTY ON METAL.

Hauraki Plains Gazette, Volume XXXVIII, Issue 5199, 4 November 1927, Page 2

ROYALTY ON METAL.

CREEK AS A BOUNDARY. POSITION AT KOMATA. The question of whether the centre of a. stream is a legal boundary between private property and a council reserve, introduced a lengthy discussion at yesterday’s meeting of the Ohinemuri County Council when a letter ,was received from Mr G. Buchanan, Paeroa, pointing out that as the boundary of his Komata property ran to the centre, of the Komata streajm he required the council to credit his account with, the royalty at one shilling a yard for the shingle which had been taken from his side of the stream by the council’s workmem

The chairman (Cr. H. M. Corbett) said that practically no metal had been taken. The area had been properly surveyed, and it was questionable whether the applicant’s boundary did extend to tne centre of the stream. It. was a difficult matter in a.n area where a stream was constantly changing its course. The request, in his opinion', was a ridiculous onej. Cr. A. R. Robinson said he would like to be quite certain of the legal position. He thought a competent legal opinion should bei obtained. Cr. W. F. Johnstone pointed out that Mr Buchanan had had a good deal of experience) in such matters, and had apparently obtained legal advice before making the claim.

Cr. C. Hands said that it might suit the council to pay a shilling a yard and let the centre of the stream be, the boundary.

The chairman thought, that the soonei- the council could finish up with the Kpmata stream the better it would be.

Cr. R. R. Morrison quoted a. number of cases of similar instances in other parts of the Dominion. He thought a great deal depended on the bearing points, shown on the plan of the property. Such lines as were delineated should stand against any claim at law. The bearing and distances were shown on all plans; and it was reasonable to presume that the surveyor knew what he was doing. Cr. F. C. Hubbard said that in his opinion metal had beent a.ken from private property.

Cr. Morrison said that, it Was not usual to delineate any boundary at the centre of a stream.

After further discussion it was resolved to refer the matter to the chairman and engineer for the purpose of obtaining the opinion of a leading counsel.