ALLEGED TRESPASS.

Auckland Star, Volume XLIX, Issue 72, 25 March 1918, Page 2

ALLEGED TRESPASS.

ACTION AGAINST MAOBIS. An action for an injunction restraining certain natives from traversing a block of land, and for £20 damages for alleged trespass, was further heard by Mr Justice Cooper at the Supreme Court today. The plaintiff was Philip Allen Cullen, farmer, of Para we ra, near Kihikihi (Dr. Bamford), and the defendants were Bata ivaraka and Hera Kewhi, of the same place (Mr Inder). It was agreed between the parties that if the Court held that the plaintiff was entitled to succeed in the action the Jainagon I should be assessed at £20. Dr. Bamford | said that when the plaintiff bought the property in January, 1910, he was unaware that there was a road across the land, except that shown on tho certificate of title. There was, however, a track across the property, which was used by the Maoris. Two fences crossed the track, but these were down at the time he took possession, and had since been several .times taken down by the defendants and others. The removal .of the fence where it crossed the track was admitted by tlie defendants. The defence sought to establish that the track had been in use since very early times, ond, further, that when the partition of tlie block was before the Native Land Court, one of the natives gave four acres of land of an adjoining subdivision! on the understanding and in consideration of permission being given him to-use : tb> road across the plaintiff's property. After hearing evidence called by both sides, and some argument, his Honor reserved judgment.