FENCING DISPUTE.

Otago Witness, Issue 2253, 6 May 1897, Page 11

FENCING DISPUTE.

Atth.BS.3l. Court., Dunedin, on Thursday, the ■following case waaliecrd :— "VVillian> A. Kwinfrl&id an information against the City Corporation in which, he claimed 10 per cent. Interest on tha half vslueof a fenco erected on the boundary "of sections 12 and 16, block V, Dunediu and East Taicri district*. — Mr J. F. M. Frasev appeared for cimplainant, and Mr F. R. Chapman for the City Corporation. — Mr Eraser said Mr Kwing was the owner of sections ]2 and 16, and the corporation vrei-e the owners of the freehold sections 10 arrl 11, aud between thorn there was a roadline. Two or three years ago cotnplaimiut erected v. fencs on his side of the roadline, and defendants, or their tenant, rau a wing fijnce into this feuce, from a patch 20 or 30 chain'; off, ao as to make the tenant's lino of far.ci; connect wifcl) Mr Evving's feuce. The corporation T/ero npplied to for the half cost (nofc to exceed .£2O), which th«y Rgreed to pay provided Mr Ewiti? made certain concessions, which he refused to do. The fence was erected and the corporation or their tenant cousfcructed a fence, leaving out some pieces of bush, that was a continuous line right across to Mr Ewhig's fence, the result being thai .stock got penned in certain corners. Hi! Worship had always held that; within the meaning of the act tharo must be a. reasonable amount deducfcsd where a fence wa=s beneficial. The corporation were written to when they put their wins fence up, and asked to contribute towards the co3t of Mr Ewing's fence, bub they did not apparently intend to do anything-, and now said their position was unaltered. They declined to do anything. There was further correspondence, but they always said tho samo thiufr. Their tenants left the property, and tli« corporation leased the laud to a Mr Wiison, and there was no doubt that they had got a better tenant in consequence of this fence of Mr Ewing's, ami it seemed fair that they should pay some thing. Counsel submitted that Mr Evring was outitieil to claim 10 per cent, from the time the baueiicial means were adopted. — Mr Chapman said tha corporation had absolutely nothing to do with it. — Mr Praser : Well, that has to be proved in (ividencs.— An argument followed as to the que3ti'jn of jurisdiction, Mr Carew giving it as hi* opinion that he .was -afraid he could not determine the matter on Wranaons of procedure. There was no jurisdiction except 6a civil action. — Mr Chapman said the fence was put up when the place was vacant. Mr Waldie put it up because he fovind cattle goino; across to his land went upon this vacant land. He fenced it without the authority of the corporation, and the corporation nould not pull it down because the land wa? out of their control ; it vvaa in the hands of Mr Wilson. It was not the duty of the corporation to go out and chop down fences erected by trespassers. — Mr Fraser : If we can go and chop the fence down I am satisfied. — Mr Chapman : We cannot give permissioa to knock it down, but if Mr Wilson give 3 psrmission we will not interfere. — Mr WII3OII, who was present iv court, said the fence was of no use to him, and that the complainant could cut it down if he jileised.— His Worship dismissed the c-ise, not having jurisdiction in the matter by summary jurisdiction under the Justices of the Peace Act or the Fencing Act. Cj3ts were not allowed to either side.

j The big Native msacing ab Wahi, near Hantly, j Waik&to, is still proceeding, but a. large number of Natives have left for their homes in the Paeroa and King Country. List week a Maori I brass- band arrived from Hawke's Bay to take part in the demonstrations, and they received a most enthusiastic reception. On a tree by a river a little tomtit I Sat sneezing and wheezing and coughing, And I said to him, " Dicky bird, w.hy do you sit ■ Thus sneezing and wheezin? and coughing ? j Don't ypu know just as surely as things can b« ■ ' sure • If you'll only take Woods's Great Pbppermini* ■ Cure 1. That cold rno3'o distressing you'll certainly floor' » 'Stead, of sneezing and, wheezing and cough* I ing?" ! He took my advice as he sat on that bough !, Thus sneezing and wheezing and coughing 5 l' He hasn't a sign of that cold on him now — No sneezing or wheezing or coughing. And he says there's no friend to humanity truer Than is W. E. Woods's Great Pbpperhuh Cure If a very bad cold you are forced to endure l With sneezing or wheezing or coughing.