COMPENSATION COURT. LAND FOR SETTLEMENTS.

Otago Witness, Issue 2815, 26 February 1908, Page 40

COMPENSATION COURT. LAND FOR SETTLEMENTS.

CLAIMS OF OWNERS.

WELLINGTON. February 18

To-day the Compensation Court was further occupied in hearing the claim brought against the Goiernment by William Howard Booth in respect to the C'arrington Estate, which was compulsorily acquiied by the Government m June of last year under the Land for Settlements Act. Claimant, who was the owner of the fee simple of the estate, assessed the value of the whole property. including buildings and improvements, bin excluding a claim made by the Public Trustee (as executor and trustee to the laic W. H. Booth) in respect to tramway and timber rights, at £70,000, and. his incidental losses at £9600. The court consisted of his Honor the Chief Justice (Sir Robert Stom-) and two assessors (Messrs J. M'Kerrow for the Government and H. R. Bunny for the claimant). The latter was represented by Mr C. Skerrett, K.C. (with him Mr Johnston). Mr D. M. Findlay appearing for the Minister of Lands.

The estate comprised 6178 acres, of which claimant was, at Monday's sitting, allowed to retain 983 acres, the homestead block. Mr Booth's fee simple was subject to three moftgages securing annuities aggregating £520, «Jad also to a. lease in respect to -the tramway and timber rights. After " bearing evidence and counsel's addresses, the court having, retired for a short while to consider its decision, the Chief Justice announced that it had decided to award the claimant the sum of £39,1*5. Ir had aho allow er] a certain ai-.cwv? for r]f^...7, , „, n „,,, <o <\, r r<l =(.

That was after a deduction from that amount of a. sum to compensate for the damage done by the tramway during a period of four years. It understood that the land was io be given up on March 15. 1909. He had allowed an assessor's fee of £7 7s per day each, each party to pay its own assessor.

Another claim arising out of the acquisition of the same estate then proceeded with. It was that of the Public Trustee (as executor and trustee to the late W. H. Booth) in l-espect to certain tramway and timber rights. The assessors in this case vi ere Messrs Stevens (for the Public Trustee) and M'Kerrow (for the Government). The Minister of Lands was again represented by Mr D. M. Fmdlay, Mr Myers appearing for the Public Trustee. Mr Myers said that the only item now in di«pute was the question of compensation for firewood and other timber, piles, and posts. The claim was for £1290. As to the other items, an arrangement had been arrived at which would be embodied in the award of the court. They retained the tramway rights for five years, also the right, with the consent of the other side, to remove the tramway.

After hearing an amount of expert evidence as to the timber of various sorls still on the estate and the facility or otherwise with which it could be reached and cut out. the hearing was adjourned until the following morning. WELLINGTON February 19.

The Compensation Court concluded the hearing of the Public Trustee's claim on the Government in respect to certain tramway and timber riffhts in connection with the Carrington Estate at Carterton. The claim, which was made by the Public Trustee as an executor and trustee in the estate of the late William Howard Booth, was originally for £5490. w4th certain alternatives, but it had been reduced to £1290. an arrangement having been arrived at on every point save that respecting compensation for firewood and other timber, pileo, and -post* The unanimous finding of the court was announced by his Honor, who said that the claimant had been awarded £200 in full satisfaction of the demands. The agreement entered into between the parties would be embodied in this award. As it was understood that there was to be no more cutting of firewood by the Public Trustee, he would be entitled to payment wit]iin one month of the signing of the award, and in default of this 5 per cent, interest. The asse^sois fees had been .fixed at seven guineas each, each party to paj its own assessor.