CLAIM FOR COMPENSATION.

Wairarapa Age, Volume XXX, Issue 8537, 18 September 1907, Page 6

CLAIM FOR COMPENSATION.

AN EKETAHUNA CASE. , At the Eketahuna Magistrate's €ourt, yesterday, a compensation claim was heard in -which J. A. Haskell claimed from the Eketahuna €ountv Council the sum of £6O for damage done to his property by works carried out by the County Council upon the road fronting "his property. The Compensation Court consisted of Messrs W. P. James, S.M., (president) Mr F. Wise (assessor for Mr Haswell), and Mr F. C. Turnor (assessor for the County). Mr E. Page appeared for the claimant, and Mr H. C. Robinson for the County Coun•cil. ■ Prior to the proceedings, Mr Page objected to Mr Turnor'as County assessor on the ground that he was County Chairman at the time the loan in connection with the works was raised. After argument, the President declined to sustain the objection, and Mr Turnor took his seat as assessor. . Counsel for the County then raised i preliminary question as to liability npon the ground that the road* in question was vested in and'under the control of thef Town Board ac the time the work was entered upon; that the County were not entitled to carry out a public work in respect of that road; that any claim for compensation under the statute was limited to an authorised public work and that the present claim could only be against the Town Board (now a Borough) as that body was the local body responsible in law, and had. control of the rates and funds out of which the compensation was payable. Claimant's counsel stated a number cf facts tending to show that the County carried out the work without reference to the Town Board. These facts, for the purpose of the legal argument only, were admitted by the respondent's counsel. The President decided to hear the facts, and make an award, reserving the question of law for further consideration. After inspecting the property and taking a considerable quantity of evidence, including that of Mr John Fraser, the Government Valuer, an award was made subject to determination of the legal question raised, for the sum of £25, each party to pay its own costs and assessor's fees. Counsel for the County undertook to inform the President at a later date whether the award would be accepted, or whether he would call for a determination of the legal questions involved.