A BOUNDARY DISPUTF.

Otago Witness, Issue 2623, 22 June 1904, Page 14

A BOUNDARY DISPUTF.

At the City Police Cout on the 9th hist, be- i fore Mr C. C. Graham, S.M., an interesting boundary dispute was adjudicated upon. In thiß case the point to be decided was ' » question arising between Mary Bill ne3 | (plaintiff) and David Marshall (defer;- - dant), both lesiding at Green I=laiid, as | to whether a sufficient fence existed and also i

ns to the proper position of the boundary fence baiween the property of plaintiff, being allotment 8, block E, township of Kingston, and tho property of the defendant, being allotment 9, block E, of the said township. — Mr Payne appeared for the plaintiff, and the defendant was represented by Mr Hay.— Mr Payne said th^ question whs one of boundary and of the erection of a new fence. A dispute had arisen as to the pioper position ol the old fence which

separated the allotments in question when Mr-j ' Barnes purchased her properly in 1681. A survey was made, by Mr Park, surveyor, Dunedin, who put in pegs, and the defendant then shifted the fence to the line of those pegs. After the fence was erected on the new line the defendant put in a rnaerocarpa hedge about 15 inches on his own side of the line of fence. The old fence was now broken down, and notice to fence, m terms of the act, was served upon Ikf defendant, who, by h;s solicitors (Messrs

Bathgate a^id Woodhouse), gave a cross notice stating that he objected to the fence on the ground that a close and sufficient live fence existed between the allotments.— Evidence was given by the plaintiff, and also by Mr Hall, surveyor, the latter stating that he did not think that the liedge was a proper line fence within the meaning of the act. — His Woiship said he thought the parties should try to come ti a settlement and put up a. decent fence. — Mr Hay submitted that his Worship had no jarisdiction in the matter at all, as no power was given him in the act to decide a question ot title. As soon as there was a question as to boundary it had been decided in this colony that there was a question of title.— Mr Payne said if his Worship had any doubt in the matter he would refer him to a similar case, Wright against Hood, in which Mr Carew decided that he had jurisdiction.— His Worship : I can decide in this way, that if a fence is to be put up it must be erected on the boundary line. — Mr Hay then suggested that the case be adjourned for a week, and this course was decided on by his Worship.