SUPREME COURT.

Taranaki Daily News, Volume XXIII, Issue 296, 14 December 1901, Page 3

SUPREME COURT.

IN BANCO. REMOVING BTONE FROM THE WAIWAKAIHO. ' ® OJrOR Mr Justice Conolly sat in banco at the Supreme Court, Auckland, on Wednesday, when a special case, the Taranaki County Council v. Thomas Brough, was cited for the opinion of the Court on (1) whether the Taranaki County Council bad un unqualified control over the btd and banks of tbe Waiwakaiho River so as in its absolute discretion to prevent, th« temoval theiefrom of stone, grave', or other material by the adjacent freehold owner chiming to the centre of the river or by bis license; (2) or whether, as contended by the defendant (a contractor), the crmmon law rights of such adjacent freehold riparian owner were only qualified to the extent that County Council could (subject to the payment of compensation) exerc r se the powers expressly conferred upon it by 6e tion! 246 of t!:e Public Works Act, 1894, or could exeicie the remedy given by section 252, or in cases in which ether adjacent frteholdeis would te entitled to do so. In aummirg up his Honor said that all practically rested upon the definition of the word control, and he must consequently put his own interpretation upon it. Control did nod mean unqualified control, but only such j & control as would prevent abuse it . common law rights of riparian owners. l The County Council could only intei - fere for injury done. Defendant would j be awarded judgment with ess, amounting to £ls 15s. Mr J. B. Coy | appeared for the plaintiff Council, and Mr Weston represented the defends.