Waitoa Roads.

Te Aroha News, Volume XXVII, Issue 43221, 29 August 1907, Page 3

Waitoa Roads.

; JUDGE’S DECISION. IN FAVOR OF COUNCIL. / • (By Telegraph.—Press Association.) . V • AUCKLAND, This DayThe action in which the Assets Realisation Board sought to show that the roads marked off throughout the Waitoa Estate had been dedicated as. pablic roads, concluded at the * Auckland Supreme Court. The district Land registrar had refused to accept certain plans as a deposit in connection with the subdivision of the estate until they had been established as roads, and were public roads within the heariug of the “ Public Works Act.” Justice Denniston said the only point to be determined was -r : whether the roads through the estate were public roads actually dedicated, he considered that no evidence had been brought forward of actual or formal dedication. The question had to depend on whatever was proof of intention on the part of plaintiffs, or their predecessors to dedicate land to general public. * In his opinion there was complete absence of proofs of any such intention. Depositing a plan was not an indication of intention except an intention to be in a position to dispose of land without survey, in each case when it became most convenient to owners. He would decide the issue leaving it to the defence to go to the Court of Appeal on this matter as well as on his interpretation of Section 107, Land Transfer Act, 1870, being a question of the effect of depositing

a plan. Assuming “The Land Transfer Act, 1870,” does not in itself create dedication to the public generally, then in'his opinion none of the strips of land mentioned were public roads.