HAMILTON.

Auckland Star, Volume XXXII, Issue 15, 18 January 1901, Page 2

HAMILTON.

At the^ Magistrate's Court yesterday afternoon, Mr t-t. W. Northcroft gave his decision of the case Tireni v. Moerua and others, claim £3U for damages to a fence. Mr Dyer appeared for plaintiff, and Mr Swarbfick tor the defence. The case arose out of an attempt or the rival parties, who are owners of the Taharoa Btock, to make good their claim to a portion of the block on which the Government proposed to make the township of Kawhia. The evidence had been partly heard at Raglan in October, when the case was adjourned to this Court for the purpose of taking the evidence of Wm. Barlow, wh6 was then ill. Barlow gave evidence for the defence, that the fence in question had been erected by Tireni for him, and he paid Tireni for the materials and given him a fair equivalent for his work. Tireni had never claimed the fence until recently. After counsel had addressed the Bench, in giving judgment, Mr Northcroft said that he had carefully looked through all the reported cases, and was,of opinion that this was clearly a claim of title to land, and he had no jurisdiction. He, however, thought it would be better that he should give judgment on the merits of the case. This being agreed to he ruled that the fence having been once erected and practically abandoned by. plaintiff for three years, it had become part of the freehold, and the plaintiff nan no more interest in it than any other owners of the land. He therefore gave jnog-i ment for the defendants with coster £18 0/6, _. -, ';>