SEDDON'S CLAIM.

Waikato Times, Volume XV, Issue 1255, 15 July 1880, Page 3

SEDDON'S CLAIM.

TO THE EDITOR. Sir, — As the all absorbing topic of the week will be the repudiation or approval of Mr Seddon's claim, with your permission, I will lay before the burgesses the law as laid down by His Honor the Chief Justice, in his ruling at Wellington, I in the Court of Appeal (the ca-e being parallel to the one brought by Mr S. against the Borough Council, which is causing so much anxiety to the ratepayers at the present time). His Honor laying it down as law that the Council is not liable for damages uutil they have deliberately considered and decided upon the levels as permanent, and that they have power to fix that level and grade the street accordingly under the Municipal Corporations Act ; and His Honor ruled further, saying that though a claimant may obtain an award before a Compensation Court his claim is not finally substantiated, for the Council may, by resisting payment, again raise the whole question of title, to be ultimately determined by the Supreme Court. The case in which the Chief Justice ruled on was one in which he said he sympthised with plaintiff, but public works could not be stopped, and until the permanent levels were fixed the defendants were not liable for damages. The street in question had been graded and metalled for years, and the plaintiff had built his house the level of the street, so that his case was much more reasonable in equity than Mr S.'s. Still, the highest legal authosity ruling in the < olony has decided against the compensation. The next question, Mr Editor, is whether the treaty entered inio by the deputation 6ent to negotiate re purchase is binding, on the Council owing 1 to their action in relinquishing No. 61 . The next point is, can the Council take the £375 out of the Special Fund as was intended by the mortgagee and those gentlemen who were &o anxious to close the bargain ? I think not, after what we heard from the Government lately. Again, the^e will never be a good job made of the approach to the bridge without an abutment or retaining wall being built, which could be charged to the Special Fund account as part of the approaches, Apologising for occupying so much of your valuable space. — I am, &c, E. McGrARRIGLE.