OBJECTION TO TREES.

New Zealand Herald, Volume LVIII, Issue 17909, 11 October 1921, Page 8

OBJECTION TO TREES.

DESTRUCTION ILLEGAL.

AN UNSUCCESSFUL APPEAL. [BY TELEGRAPH.—PRESS ASSOCIATION.] WELLINGTON. Monday.

The Appeal Court gave judgment to-day in the case of Spargo v. Lovesque, an appeal from a judgment of Mr. Justice Salmond. The case arose out of a dispute as to the right of appellant Spargo to enter on to land of his neighbour (respondent) and cut down certain trees and hedges which were growing on or near the boundary of the sections of land belonging to t,he respective parties. Mr. Justice Salmon granted an injunction against appellant cutting down the trees, and from this judgment the appellant appealed. The case involved interpretation of section 26 of {jhe Fencing Act, 1908. The judgment of the Appeal Court was delivered by Mr. Justice Stringer. In the course of the judgment His Honor said the opinion of the Court was that the proper construction of the section was that the right to enter and cut down trees conferred by the section could only be lawfully exercised after a prosecution and conviction for unlawfully planting trees had taken place. If the power of entry were exercised before such conviction irreparable injury might be done. The appeal was therefore dismissed with costs on the lowest scale as on a case from a distance.