IMPORTANT RAILWAY COMPENSATION CASE.

Nelson Evening Mail, Volume IX, Issue 258, 30 October 1874, Page 2

IMPORTANT RAILWAY COMPENSATION CASE.

In the matter of " The Immigration Arid r Public Wdrks Act Amendment Act ■■- "'- 1871." and the matter of the claim of JJ.W. Stafford. ! Some of the. particulars' of , this cake bate already been published in connection with its partial hearing ia. the^BesideDt Magistrate's Court before. Lowther Broad L E,jq. f ]$ M., and the assessors, J W. Barnicbat and iJohn Sharp, Esquires, J.J.P., on. the Hth and.Slat September, on whith httef d»y the prdceeJings fell to the ground fti consequence &f *' t Siie Immijfratibh and Public Works Act Amendment Act, 1«74," wnfch came into operation on th'6 lst September, bat intimation of which had only fcacnetf- the Resldaot Magistrate on the forenoon of the 2 1st, providing that 'in certain caw>s where coia--^eniation claimed exceeds £500, the claim shall be beard by a Judge of the Sapxeme Court." The proceedings had therefore to be commenced dt nova. As this is the first important case that has come under the operation of the new Act, it likewise be|qg a. test one on which the settlement of other j similarly large claims depends, and as the j award has now been mafje public, we giye for the benefit of our readers who may aot be familiar with the circumstances, tp« following short particulars :— The railway from Nelson to Foxhill runs, about 3 miles from town, for a leDgth of about 50 chains through some of the best parts of Mr Hugh Stafford's property, severing-some portions of it more or less, and passing between the dwelling-house and farm offices \ the quantity of land taken being about 4} acres. Mr Stafford's first demand for compensation was £3500 in cash, and accommodation works: estimated to cost £350 more, in all £3,850 To this the Government offered £9 1 5 cash, and to provide the accommodation, wrkg in question, equal to £i?fis. Mr Stafford declined these terms, and summoned the Gorernment to have the question decided in the manner provided by the "Immigration and Public "Works Act, Amendment Act, 1871" before the Resident Magistrate of,the district and two Assessors, in the meantime, however, amending his claim to £2,494 ca*b, bat still including the requisition for the accommodation works first demanded. This case lapsed, as already explained, and the fresh proceedings were held in the Supreme. Court on Monday last, before Ins Honor Judge Rich raond, and the Assessors, Messrs Baroicoat and Sharp. Mr Fell appeared for the claimant, Mr/ Stafford, and Mr H. Adams, Crown Solicitor/ for the Government. Mr Stafford again amended his' claim. facing it to £2,104 in the event of the required accommodation works beini? provided, but of which redaction he had omitted to advise Mr T. Maqkay, the Agent of the Government, until the circumstance transpired m the course of the proceedings. ' ' The Gorerament made an amended offer viz., a sum of £797 108 in cash, and undertaking to construct tb« Meommodattoa

works reqiuired^eathnated tcf~ceat £360, total £lU7IQn. '•■ ; ••:.: ){£ )_ iTne pttjceedings occbpied ihe entire day, and after the evidence on both sides had closed, bia Honor aommeateii'on the case as a andi^iswd that with thi consent of the parties fie would adjourn tKS Court tins die until he and the Assessors had considered their award, and that due notice would be given when he would pronounce it. The Court consequently met again this morning, when his Honor dslivered the following "awtfrd:-.— V ■", . ; ■■: .- ; ,< CI The; s«(| Hugh. Henry' StafFord is(to^ have a sufficient cart bridge erected and maintained at the expense of the General JJoyernmen! orer... the. Jine_of railway to connect the sables and cart road with the houjje.and eutrapce gate. ( : . , , r . . 2^ Also to have two level crossings made and maintained by the General Government to connect other portions of the land -severed by the railway; one such crossing to be in section 18 or 19, and one m section 81, with two iron gates at -. each 1 cxoasing. Provided that the daiinadt 'shall, "within Hwenty-dnej days from the date ot the award, arrange finally with the Government Resident Engineer the exact position of these accommodation works, viz., the two level crossings and t he. bridge afpreiaid, and; lf the claimant shall fait to do 'so, the Resident Engineer' shall have these works carried out where he may -judge best wjthpuj furtbec reference to the claimant, 3. The General Government is also to provide and maintain the necessary arrangements in Section 18, by which the claimant may conduct watar in pipes under the line of railway, so as to supply water (but without further interference with the line of railway) t« those paddocks which have been cutoff from water by the constractioa of the railway. 4. The said Hugh Heni^Stafford is ago entitled to compensation in money for toe' land so taken as aforesaid, and all damages consequent thereon, whether arising Trotfit loss of water, injury to water power, severance, general depreciation, or in any other way, to theWount &£tifiQ. I . : ; !t\ P; f The actual result, therefore, of the award is, thai Mr r Stafford .gets' only £240 more than the flrat offer* of the Government, and ' £350 more than the second, the effect being less by £i,250 of his first demand, and £994 of his last. The question of costs was argued at some length, and ultimately adjourned.