A RABBIT-PROOF FENCE CASE.

Otago Witness, Issue 3111, 29 October 1913, Page 16

A RABBIT-PROOF FENCE CASE.

At the Gore Magistrate’s Court, before Mr H- A. Young, an application was made by Donald Munro, for whom Mr Inder appeared, to have a non-rabbit-proof fence between section 8. block VII, Wendonside, and sections 1 and block IV, WendonBide, the property jot James Pollock and William Mortimer (for whom Mr Bowler appeared). converted into a rabbit-preof fence. The evidence of Munro was to the effect that rabbits from the property of Pollock and Mortimer come on to plaintiff’s property, to his loss and detriment. The area of his property was about acres, and a good deal of it was in its natural state. No one made much out of the land owing to the rabbits. The only boundary of iho property not netted was Pollock’s.

James Pollock said his land was very clean as regards rabbits. He poisoned, trapped, and ferreted. It was owing to the drought in December and January of last year that witness’s crops were poor. The had nothing to do with the crops. It would cost him £IOO to wire-net his farm boundary, and he could not see his / way clear to do it at the time.

After hearing further evidence and addresses by counsel, the magistrate said ho was satisfied that a rabbit-proof fence was necessary for the , better working of the farm in question. ' It was clear that rabbits were plentiful, and jf a wire-netting fence were erected the land would in time become valuable. Pollock admitted that the fence would be beneficial, but his objection to erecting it at the time was owing to having a poor harvest. Ho (the magistrate) considered that it would be reasonable and equitable for the defendants fo pay half the cost of the fence. Such a fence would be an advantage to both parties, and the improvement's would bo valued under the lease hold from the School Commissioners. Five weeks would be allowed defendants in which to erect their portion of the fence (43 chains). Judgment would be foH plaintiff accordingly, with costs amounting to £2 11s 2d.