TOUTS FINED AS TRESPASSERS.

Otago Witness, Issue 2401, 8 March 1900, Page 42

TOUTS FINED AS TRESPASSERS.

At the Wiltshire Assizes, at Devizes, on the 1-ltli Januaiy, before Mr Justice Day and a special jury, the cases, were heard of Thomas Hiokman v. William Maisey and Parker Matthews, which raised the question of the right of person* to station themselves on public tracks on the downs for the purpose of acquiring and subsequently publishing information as to the doings of racehorses being exercised from training stables. Plaintiff asked for nominal damages for trespass and an injunction. The defendant Maisey is a tipster, who was joined in his business last July by Matthews, formerly a stable lad at Mr "W. T. llobinson's training stables at Foxhill, and they ran a weekly publication termed "Foxhill Opinion," giving particulars as to the horses in those stebisd. To obtain information they went to the Downs -where the horses were being; exercised, and, remaining on the public tracks across the Downes, watched the horses through glatses and took notes. On the particular occasion dealt with, the plaintifi" (a farmer who gives Mr Robinson license to gallop his horses on hi& holding for the sum of £50 yearly), Mr Hobinson, and Captain Machell assembled by arrangement to watch the proceedings. It was on the morning of July 16, and the defendants walked up and down on a. space of 15yds to 20yds for an hour and a-half, watching the horses and taking notes. Notice had been given to them to discontinue, but they had declined, and they now again declined unless they were paid well for it. These facts were not in dispute, nor was the fact of the track on which the defendants stood — a mere grass track, unfenced and unmetalled— being one over which the public had full rights of user. The point in dispute, the learned counsel exulained, was whether the defendants had a light to use it as they did. Mr Foote contended that they had no right, and cited the case of Harrison v. the Duke of Eutla-nd, in which it was held that the plaintiff, though standing on the highway, had made an improper use of li by using it as a place whence he could interfere with the shooting of the party on the land adjoining the highway. Defendants in this case had made an improper use of the road, the public rights over which only extended to passing over it in the ordinary way °« wayfarers.

Counsel called the plaintiff and Mr Robinson, 1)0 cli 01 whom said that the value of the Downs for training purposes was depreciated by the use to which the defendants put the track. Mr Duke, for the defence, argued that the defendants had a rigjht in common with all other members of the public, to be upon the highway, to see what they could from the highway, and to publish what they saw there. If what they had done was held to be a trespass, then it was equally a trespass to remain upon a highway to enjoy a view, to sketch from it, to walk up and down it as a " constitutional," or to explore a country lane ior botanical purposes. If such were the case it would also be a trespass to watch the training of the crews in the University Boat Race, either from the river in a. boat or from the towing-path. The real difficulty was that the gallops belonging to the Foxhill stables were traversed by highways, and if Mr Robinson wanted perfect privacy he nrust get gallops where there weie no highways. His Lordship, in summing Tip, said this was a question of common-sense rather than of law. This track, though unfenced and unraetalled, was as completely dedicated to the public as any metalled road in the country. But it was dedicated for the use of the public as wayfarers in the ordinary way, and the question for the jury was whether the defendants had used it for its proper purpose or some other purpose. People using a- road must use it with reference to the convenience of other people, and they must not exceed their rights by using it for purposes of trade or business. He expressed his own opinion that the defendants in this instance did not use the road for its legitimate purpose in any shape. The jury found that the defendants did not use the road in the ordinary way as wayfarers, and gave a verdict for plaintiff in each case. Mr Foote said they would be satisfied with Is damages, and asked for an injunction against the defendants using this road, except as wayfarers. His Lordship granted the injunction as asked. Costs followed the verdict.

Princess Ena of Battenberg, who celebrated! her twelfth birthday at Balmoral recently-, is the first Eoyal child born in Scotland in 300 years. Charles Stuart was the last before her.

Mr W. H. Baker, an ex-student at the Ota go University and now assistant instructor at the Thames School of Mines, has received intimation that at the New Zealand University recent examinations he carried off first-class honours in chemistry, which are equivalent in grade to the M.A. degree, til© B,Sc. being eftuivgleni to 8.4»