A FAULTY STATUTE.

Taranaki Daily News, Volume LIV, Issue 246, 17 April 1912, Page 2

A FAULTY STATUTE.

LAND ROADING. By Telegraph—Presg Association. Wellington, Monday. The Chief Justice to-day gave, judgment in the case of Smith and others v. the Attorney-General, involving the point whether land for a road can be taken, without compensation, under the provisions of the Native Land Act and Public Works Act, when such lands were originally vested in Natives, but were now held in a title under the Land Transfer Act. His Honor said that the Governor had power to issue a proclamation taking these roads. No doubt this was a very hard case, as the land was purchased in 1880, but the Act gave the Governor power, and any hardship created by his action must lie remedied by the Legislature or the Executive. In a similar case. Solicitor-General v. Cave and others, the Judge said no doubt there had been a slip in the passing of the Public Works Act. 1804, regarding the limitation of time for taking land, and the Government or Parliament would, no doubt, see the slip remedied. At present, however, the court must decide in favor of the Solicitor-General.