CATTLE ON THE LINE.

Auckland Star, Volume XXV, Issue 145, 19 June 1894, Page 5

CATTLE ON THE LINE.

REMARKS BY THE BENCH.

A farmer named vV. Walters was charged ab the Police Courb this morning, before Mr H. W. Norbhcroft, S.M., with having committed a breach of the railway regulations by having allowed his cattle to stray on bhe railway line ab Papakura. Mr Walters pleaded guilty to his cabtle having been on the railway line, bub stated in extenuation thab they were turned oufe onto the line by a neighbour. The line was unfenced, as the Department declined to erect a fence. Mr Nurthcrofb; Does nob thab seem rather hard, Mr Devore, to fine a man for his cattle getting on an unfenced line ? Mr Dfivore, who appeared for the Railway Department, said that under the original Act the railway linea had to Be fenced, bub under the amended Act that was not required. Mr Norbhcrofb: Therefore, if your cattle geb on bhe line, they may be killed, and you may also be fined for having them on bhe line. Mr Devore : That is the law. Mr Norbhcrofb: Taking the circumstances of the case into consideration, 1 will fine the defendant Is and 28s costs. It seems very hard that the railway is nob fenced. Mr Devore : Bub it would be worse to be witboub the railway. Tho Government is not expected to fence the roads. Mr Northcrofb : The roads were laid off for the people beforehand, and the railways afterwards. Mr Devore : If private persons fence the roads, they ought) bo do the same with the railway line. Mr Norbhcrofb : People had the land before bbc railway was made. Ib is really a private road. Mr Devore: Our legislators have thought fib bo make that law. Mr Northcrofb: And, unfortunately, I must adminster the law, otherwise I wonld not do so. Of course we must consider the danger entailed to passengers on the trains from stray catfcle.