A Question of Abandonment

Waihi Daily Telegraph, Volume IV, Issue 1152, 23 November 1904, Page 3

A Question of Abandonment

—-* An Inter stimj Case At the Warden's Court to-day an applica tiofi was tuido by Franoi.t McLiu.',lilii for a section at Waihi South on tin grotiDil of abandonment, Mr .hiel;<oi appeared for tho owner, Xarah IMiiuson Tho applicant, McLoughlin, in sf,«iin» hi case, explained to the Warden, Mr Bush that he knew tho section in question fo. tho past few years, and thatiho sectior had not any improvements, other thar that there were a fow trees growing on it There was no buildin», and it was unfencei and had not been cleared of ti-treo Mi Jackson contended that it was net a cas: of abandonment as there hnd been acts of ownership and nets of occupation, This ho could prove by the evidence of wiluessos ho woulc coll. It was clear that the section had not been abandoned, nor had there been aiij intention of abandonment, for the rcasor that money ami labour had been cxpendei on it, sinoe liis client had purchasod the section nine months ago. . The improvements, counsel explained, consisted of tho clearance of a portion ol the section, the construction of a small drain, and the planting of a nnmbor ol trees. Timber had been purchased for tin erection of a building, This timber had not been stackod on tho section, because of the fear of it being stolen, but it was his client's intootion to build as soon m possible. Mr, Bush pointed out that tho sectior had not been usod for tho purpose foi which it had been granted. Tho section had been granted in accordance with the Act, which required an applicant to rcsidt on it within six months after it had been granted unless protection hal been sought and granted, He (tho Warden} would nol refuse an application for protection of a residence where reasonable ground wae shown. At this point, Mrs Robinson, who was presont, interrupted and explained that sho was ignorant of tho law on that point, otherwise sho certainly would have appliod for protection for a section she had expended a lot of money on, Mr Bush, resuming, oxplained that that was no exouse, as everybody was supposed to know the ltw. This applied oven tc strangers who had no knowledge of the English language, Referring io Mi Jackson's contention, Mr Bush said in cases of abandonment ho bad no discretionary power. Mr Jackson, in pply, further contended that this was not a cuso of abandonment, as acts of ownership had boon performe:!, If an application was to be mado it should be mado on the grounds of forfeiture, After a good deal of desultory discussion, in which counsol persisted that there was no abandonment about it, thb Warden docided that he would visit tho sootion in question at the 2 o'clock adjournment. On the Court resuming, Mr Bush said that he would not give his deoision on the case till ho had given tho matter further consideration, it would serve as a pre, cedent to other cases,