AN OLD-TIME ACTION.

Auckland Star, Volume LVIII, Issue 114, 17 May 1927, Page 8

AN OLD-TIME ACTION.

DISPUTE OVER ROAD BOUNDARIES. PAPAROA ROAD BOARD RECALLED, Deputising for Mr. Justice Stringer in the Supreme Court to-day, the Chief Justice (Sir Charles Skerrett) heard a case which was described by counsel as the sequel to an action commenced many years ago. The Manukau County Council (Mr. Prendergast) sought to obtain definite ruling as to the boundaries of a road in the Howick district, alleging infringement either by William H. Nicholas (Mr. Holmden), or Shaw Brothers (Mr. Annistead). Mr. V. N. Hubble appeared on behalf of the District Land Registrar. _ '

Mr. Prendcrgast said the case had » long history. The allegation was tlia the road had been encroached upon ove: • long period, and the question befori the Court was which of the was the encroaching party. The actioi was begun by the Paparoa Road Boar< before that body was incorporatd in thi Manukau County Council. When thi first road was made, about 1870, thi boundary, like so many others, wai defined by a ditch and a bank with gor« fence. The proceedings were delayec for a long time, and when they wen last before the Court, in 1925, it waj considered that the defendants, Shaw should be joined in the action. His Honor: Is it common ground thai "V* o**0** °{ ®6ft width was legally, constituted through this area ? Mr. Prendergast: Yes, your Honor; the only point is that of its boundaries. Hubble said it was the desire of the District Land Registrar that every assistance should be given towards a settlement, and the Department had placed the services of one of its prinofficials, Mr. Byrnie, at the disposal of the Court. r

His Honor: It certainly necdd a person witt meml knowledge to read the plan*. Evidence was than given by Mr Byrnie. 6 J

It was mainly of a technical nature, dealing with measurements. Thomas Speechley, farmer, of Howick, ihb!* t , d Q JI v !4 in the district since 1886. In 1879 his father bought some property at East Tamaki, and two years later, whilst riding along the road, noticed that it was "bottle-necked" at the point now under discussion. The fence on one side had been removed and remade.

■w v 8 7 ren P® * Holmden witness said -Nicholas bought the property in 190 C or thereabouts. Some years ago he brought an action against witness, as a member of the Paparoa Road Board to provide an outlet for surface water. It was some time after this that the present action commenced. Witness denied that the previous owner of the land, a man named Gill, was the person responsible for moving the hedge and ditch. ° (Proceeding.)