COMPENSATION COURT.

Taranaki Daily News, Volume L, Issue 60, 5 August 1907, Page 2

COMPENSATION COURT.

NEW PLYMOUTH, SATURDAY, AUGUST 3. Before His Honor Judge Dcnniston (President), and Messrs D. Berry and S. XI. James (Assessors), °r} y case to OCCU Py the attention of thfe Court was that of M. J. j onis and others v. the Minister for Public Works, in respect of land taken for tho New Plymouth rafilway deviation at Henui Mr Wilson (Wilson .and Grev, for claimants, Mr Kerr (Standish and Horr) for respondent. j Thei statement of claim set out that the £1135 claimed was for 3 roods 23 5 e8 of I" 1 "! taken at £947 per acre, £830; and 10 per cent, on that amount for the compulsory taking; £6O for depreciation of the remainder of the land by being placed below the street leH, £2O for severance, and £2O for depreciation ctnjised by the proximity of the railway; -£IOO for loss sustained bv claimants as shareholders in the Taranaki iivnd, Building, and Investment Society in respect of accrued and prospective profits by reason of being compelled by the said taking to-puy- off-Use-mortgage from the Society. Witnossefi called were Messrs M. T. Jones (one of-the claimants), S- Hill (District Valuer), E. ,T. Carthcw (valuer), George Riddell and R. W. Bond (adjoining owners), John Skinner (civil engineer), and E. V. Webster (secretary Taranaki Building Society). Tlie respondent's ease was that the fee simple of the land taken by the Department was worth not more than £SSC, being the average of the valuations made by the witnesses for the Department. It was admitted that the claimants were entitled to some compensation for having to raise the level of their remaining land to the level of the road, but £3O wa,s ample. The respondent would also allow 10 per cent, on the value j £550) for compulsory taking, giving" a total of £674. Tlie claimants were asking £4«O more than they were legally entitled to. Mr Kerr emitended that there could be no claim for any losses by the claimants upon the fmrrendoa - of their mortgage to the Society in which ,thev were shareholders. The witnesses called bv Mr Kerr were Mowsrs F. P. Corkill. T- O. Kelsoy, Newton K.h>sr, Walter Bewley, and \V. R. Davidson, civil engineer. t H' s Honor upheld Mr Kerr's objection to compensation in respect to the mortcm^e. Pise fViin'f airnrdefl f>,p claimants 174(1. too, 19 0mW.,,, ■'■" l Crisis CSfl lis nrrninot the reSpon- ,