RIGHT-OF-WAY. INTERESTING DECISION.

Evening Post, Volume LXXV, Issue 49, 27 February 1908, Page 8

RIGHT-OF-WAY. INTERESTING DECISION.

The question as to whether the track between Island Bay and Ohiro Bay 1 along the beach was a public highway ; always by. right of user was decided by i Mr. Justico Chapman 10-day in his | reserved judgment in the case of George Henry Baylis v. John Carroll, details of which were published at the time of hearing last week. His Honour said tho action was brought to recover royalties or haulage. dues at 6d per cartload on 2369 loads of gravel hauled over the track, part of which was claimed by the plain- | tiff as his private property purchased from Messrs. Joseph and Wright in 1886. The facts elicited in evidence showed that in 1884 Messrs. Joseph and Wright dedicated a highway through their land at Island Bay from the Town BeL to Huntsr-stroat and thence to a point at Ohiro Bay. At one place this track was washed away by the tea, and a diversion had to be made through plaintiff's land, it was claimed. The plaintiff, -to enforce his claim; placed a gate at a point on tho deviation a, little way within his own land. The defendant based his case upon cvi' dence of user prior to tho dedication oi 1884. The most that was proved bj tho witnesses, in the opinion of his Honour, was that a track was used round that part of the coast from earl} times by Maoris, by sheep farmers tc a slight extent, by the very few in habitants in a casual way, by fishermer who squatted on the shore without title and by picknickers. ' The most seriou; use made of it was for gathering driftwood on the beaches for householc purposes. Such evidence, 6aid hi! Honour, did not- mako out a case foi dedication, the most appropriate ovi dence of which was the expenditure o: public money on the road with tin active or tacit consent of the land owner. His Honour held that the evident on the other side was very strong. In 1906 the City Council entered into an agreement with tho plaintiff by which it acknowledged the dedicated road to be the true- line of road, and agreed to form it, thereby ignoring the deviation. Then there was the fact that numerous cartels, who had used the deviation to haul gravel, had paid tho plaintiff for the privilege at the rate demanded of tho defendant. It was suggested for defendant that as no injury was done to the land, no damage vvas proved. His Honour did not think the rule applied there. The defendant also stated in evidence that he was overcharged to the extent of four times tho actual use he had made of the road, but could give no details whatever of the loads drawn. As, however, there was some discrepancy in the accounts tendered, some allowance would bs made. Judgment was given for the plaintiff for £44, with costs on the lowest scale. Mr. Weston appeared for the plaintiff ; Mr. Young, instructed by Mr. Dix for tho defendant.

Something like fifty suitable men are required for labouring ■work on the Arthur's Pass tunnel works, on the Midland railway line, the contract for which has been secured by Messis. M'Lean Bros. It is stated that preference will bo given to single men. The preliminary work on the contract is of a very heavy character, and besides the wage of 10s a. day, hut accommodation is provided. At a meeting of members of the Auckland Milk Vendors' Association last evening, it was decided that no rise in the retail price of milk l-ike place .it present. The following resolution was curried : — "That in consequence of the scarceness of milk, it is suggested that temporary licenses be granted to farmers for two months to supply licensed milk vendors or registered milk suppliers." At 2 o'clock to-morrow, Me cPi-sc Pi-s W. H. Morrah and Co. will pell by public auction in their room 1 !, Willis-street, pianc and household furuituru. Details are ad' vertised in this i«-ue. At the YMCA. to-night Mr .1 Doyle will lecture to the boy* on the tub' jeofc of "Phyeical Culture."