PUBLIC TRUSTEE AND FENCING.

New Zealand Times, Volume LXVII, Issue 3439, 21 May 1898, Page 4

PUBLIC TRUSTEE AND FENCING.

Tina case of the Ptiblio Trustee and Arthur MoECeown, dealt with by the Chief Justice, Mr Justice Edwards and Mr Justice PennS* father in the Court of Appeal on Thursday, affected the liability of the Public Trustee to fence in connection with the West Coast Settlement Reserves Aot of 1891. Mr Tread* well appeared for the Public Trustee and Mr T. S. Weston for MoKeown. McKeown is the owner of land, and the lessee of other land adjoining a reserve vested in the Public Trustee under the Act. He brought an action> against the Public Trustee in the Magistrate’s Court at Opunako to recover proportion of the costs of repairs to dividing fences between his freehold and leasehold land and the reserve, and recovered judgment. An appeal from the judgment was heard before Mr Justice Conoliy, whose decision was now appealed from. Mr Treadwell said that the present appeal was made in order to decide the Public Trustee’s position so far as liability to fence was concerned in very many leases executed by him in yrhich there was a covenant in similar worda-tfo that in the present case. MoKeown held a lease, executed in 1893, from the Public Trustee, a covenant in which was that tbo lessee would fcnoe. In addition to that covenant there was implied in the lease a covenant to keep the fencing in repair. It was provided by statute that nothing in the Fencing Act should be deemed to affect that contract. The reserve was in the actual occupation of natives. The Chief Justice held that the Public Trustee was not liable to contribute towards the cost of fencing. Mr Justice Edwards, who was of the sacie opinion, said that the provision empowering the Public Trustee to let land on tenancies from year to year to natives or any other persons created no inference against his power to allow the cestui que trusts to remain in possession. Therefore the persons in possession were tenants at will. If they were, it appeared to be abundantly plain that they were occupiers under the Fencing Act of 1881. There was a right of action against the native occupiers. Mr Justice Pennefather also concurred. The Public Trustee’s appeal was allowed, and MoKeown’s was disallowed. MoKeown was ordered to pay ,£ls 15s costs in the Court of Appeal, i lus 60 percent, for a case from a distance; and ,£5 5s costs in the Supreme Court. The judgment of the Magistrate’s Court was reversed. A LIFE-TIME OF INDIGESTION! ABSOLUTELY INCAPACITATED FOE BUSINESS. WAS SCEPTICAL AND HAD NO FAITH IN ANY MEDICINES BUT WHAT DOCTOES PEESCEIBED. WHEN HIS FRIEND WORRIED HIM HE THREW PREJUDICE ASIDE, TOOK CLEMENTS TONIC,

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