AN INTERESTING CASE.

Auckland Star, Volume XXXII, Issue 122, 24 May 1901, Page 6

AN INTERESTING CASE.

(By Telegraph.—Press Association.)

INVERCARGILL, this day.

A case which is likely to develop interestingly was begun in the Magistrate's Court to-day, William Smith suing the Minister for Bailways for £10 for wrongfully depriving him of 400 stakes. The cutting of these stakes was the subject of an inquiry by the Southland Land Board, which found that in the opinion of the Board Smith had not established to the satisfaction of the "Board his claim to the timber seized by the manager, and ofdered the timber to be sold by public auction. Smith has laud of his own, and asserted that the stakes were cut from it, but the Board adopted the view of the ranger, that they were cut from the Cr.own land adjoining. Counsel at the time contended that it waa against all precedent that the Board should act as judge in what was practically a. charge of theft of the stakes, in which the Board was directly interested. The Railway Department gave up the stakes to the Board, and Smith now sues for damages.

The Crown Solicitor contended that Smith should have appealed in accordance with the Act, but Smith's counsel replied that they absolutely denied that the stakes had been cut on Crown land, and^ would prove it. He was therefore proceeding against the Department, as he did not recognise that the Grown ever had any rights in his timber. The Magistrate decided to hear evidence before ruling on the Crown's sole objection, and further hearing was adjourned till 18th prox. If thfi decision is against Smith it is almost certain that there will be an. appeal. The feeling at the time was that the Board had not made out a conclusive case, that the stakes had been cut on Crown land.