The Opunake Times. TUESDAY, OCTOBER 12, 1897. FENCING NATIVE LANDS.

Opunake Times, Volume VII, Issue 323, 12 October 1897, Page 2

The Opunake Times. TUESDAY, OCTOBER 12, 1897. FENCING NATIVE LANDS.

It was thought that when the Fencing Act, 1895, was passed that the difficulty which settlers, who occupied lands adjoining native lands, experienced in regard to fencing, was overcome. Now it seem 3 they are as far off any satisfactory solution of the difficulty as ever. We think there is no doubt but that it was the full intention of the Government to do justice to those who had lands adjoining native lands, and the debate on the Fencing Act goes to show that it was clearly intended in the future that these lands should be made amenable to the common fencing law of, the colony. The Public Trustee evidently, read it so, as a number of claims were subsequently admitted and paid. Then it was discovered that there was what the Trustee's legal adviser claims to be a saving clause in the Act, and further payments were stopped. The clause under which the Trustee claims indemnity is one providing that the act shall not affect any covenant, or agreement made between landlord and tenant, or contiguous occupiers, with regard to cost of erecting or repairing any fence. In the leases there is a covenant " will fence," and under this the Trustee holds that the liability on his part to contribute is done away with. The S.M„ Mr Stanford, in a recent case, gave it as his opinion although not called on for a judgment on the point that the insertion of this covenant did not place the liability of paying for the whole of the fence on the lessee, but that the landlord if the occupier of the contiguous land, should contribute his share under the Fencing Act. This we are quite convinced was the intention of the Government when the Act was passed. However, what the correct reading or interpretation of it is apparently open to considerable argument, and in order to test it aud get it settled it would be necessary to institute a test •ase and take it through its varying legal stages up to the highest Court. This is a very simple method of settling the difficulty, but unfortunately it ia very expensive, and scores of settlers would prefer suffering the injustice of paying for the whole of the fencing rather than risk such expensive law proceedings where, at any point, they might be thrown out on the merest technicality. The question which presents itself to our view is : Why should settlers who have taken up the land and who are converting waste lands into a wealth producing factor be so harassed ? Why cannot an Act be passed which will bo simple enough to be understood by ordinary persons without requiring a whole bench of judges to interpret it ? We think the Government should be asked to make the Fencing Act so plain that settlers would know in what position they stood without having to seek the interpretation from a full Court of Judges. In other parts of the colony, to induce settlement, estates are acquired, roaded, and all sorts of improvements and conveniences provided so as to put people on the land. Co-operative works are kept going to enable the settlers to live until they can make their holdings reproductive, and in many other ways spoonfeeding is resorted to. As far as we know or can hear those settlers elsewhere are only flesh and blood like the settlers in this district who go "on their own." There is nothing they can produce which is of more value to themselves or the colony than what our settlers can produce, and consequently we do not see any reason in dealing out differential treatment. If the Public Trustee has the power to impose such a stipulation as making a lessee do all the fencing, then that power in the interests of settlement should be taken from him, as we can see no justice whatever in grinding down the E urope an lessees for the benefit of the native owners. In the case of a European being compelled to erect the whole line of fence between his land and that of native owners, it means that he is thus compelled to-' enhance the value of the native land, which is to our way of thinking, a most iniquitous proceeding.

Mr W. D. Scott notifies entries for his next Opunake stock sale.

Messrs Fraser and Luxton notify that they have dissolved partnership.

Tenders olose at 7 p.m. to-morrow for the erection of a shop and alterations to dwelling for Mr A. Clarke.

Tenders for the erection of Messrs Newman Bros' business premises olose this evening at 6 o'clock.

Mr W. D. Scott will hold a clearing sale on behalf of Mr W. Pearce on the farm, Pihama, on Thursday.

We give a reminder of the clearing sale by Mr Newton King on behalf of Mr A. P. Chapman, which takes place at Rahotu to-mor-row.

Mr J. H. Bleakley notifies that he has purchased the hackney stallion Experience, which he intends placing at the service of breeders for this season.

We learn that the Maoris at Pihama are at loggerheads again. This morning loaded guns were brought into requisition, and trespassers warned that they would be shot if they persisted in interfering with property.

We give a reminder of Probasoo's circus, museum, and equescurriculum, which shows at Opunake to-morrow night. It will show at Kaponga on Thursday and Otakeho on Friday.

The flood in the Mangahume river has washed away the props from under the bridge, which therefore makes it extremely unsafe for traffic We therefore caution any person crossing it with a load.

A step in advance was recorded on last Friday, when the Bank of New Zealand was opened for business. In future it will be opened every Tuesday and Friday, which will be a great convenience to the business people and others having business to transact here. We have no doubt but that before long they will find the business of the place so progress that it will be opened daily. The Council foreman, Mr McHannigan, complains that someone took several pieces of timber from the Waiaua bridge and made use of them for skids or some such purpose, but when they returned them they threw them partly on the road. He thinks the least the borrower might have done was to return them in good order and put them back where they took them from. The Aorere arrived from South on Friday, October Bth. Imports : Middleton, 19 pkgs ; Newman Bros, 433 pkgs; Mrs Ballard, 2 pkg 3; Trotter and Co, 37 pkgs ; Stitt and Miller, 33 pkgs ; Oaonui Dairy Co, 1 pkg ; F. H. Webb, 1 pkg; D, McGregor, 21 pkgs ;C. F. McGregor, 1 pkg; Bang Chong, 10 pkgs ; Crown Dairy Co, 2 pkgs; Macßeynolds, 5 pkgs; D. W. Rogers, 1 pkg; W. D. Scott, 2 pkgs. The Opunake Racing Club has decided on holding its next meeting on Monday, January 3rd. This has been considered necessary as New Year's Day, the usual day for the fixture, falls on Saturday, and it is thought that in all probability New Year's Day will be kept up on the following Monday by the surrounding centres. In addition to this it will give horses taking part in the New Plymouth races more time to get round for the Opunake meeting.

The public are directed to a special olearing out sale of drapery and clothing this month previous to arrival of new spring goods next month. Just opened, another lot of travellers' samples, and are now offering at bargains, Special clearing out lines this month to make room for new spring goods to arrive shortly. Some bargains will be offered this month. Mr 0. Cummins says he must reduce stock to make room for the new goods. The public are respectfully invited to call and see prices.

The Manager Opunake Meat Company wishes, as it has been reported that the Inspector condemned a beast killed for use, to state that the facts are : That after Mr Scott's last sal- 1 , two old cows, bought by Mr Fleming, knocked up on the road, and were turned into Mr Maxwell's property, Arawhata Boad, on which property the slaughter-house is. That Mr Maxwell, considering them badly diseased, immediately wrote to the Stock Inspector, reporting it, and asking him to come and inspect and that in the meantime they were kept apart from others. The Inspector came aud ordered them to be shot. Mr Maxwell, who has frequently invited the Inspector to come and inspect at any time he could, had all the stook on his place mustered, including one store cow that he had for some time past suspected of being diseased. Mr Maxwell got the Inspector to inspect all the cattle, particularly this one, which waß condemned, also a small heifer that had come from Mr O'Brien. These were the only cattle condemned. All the others, whether milk, store, or beef, were parsed; and the manager particularly wishes it stated that no beast in the slaughter - house ready for sale was condemned, as has been reported, and refers anyone desirous of verifiying these statements to the Inspector. He would warn anyone making statements likely to be injurious to his business that he intends bringing an action against them for doing so, This inspection was the outcome of Mr Maxwell's report and special request that it should be made, and was not as suggested a surprise.—(Advt.)

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