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•«. A dispute in regard to a boundary, fenco occupied the attention of the Magistrate (Mr. J. S. Evans, 5.M.,) afc the Magistrate's Court yesterday. The parties were George Samuel Wnitesido. (Mr. C. 11. Fell) and Arthur James Cotton (Mr. J. P. Hayes). An application was made under the Fencing Act, 1908, for the Magistrate to decide (a) as to repairs to a dividing fence between the properties of the parties, and (b) as to the correct position of the dividing fenco. Plaintiff . gave evidence that the fenco in question was out of repair, and that ho had sent formal notice to defendant, who had replied objecting to repairs as the fence was not on the proper division line. In reply to Mr. Hayes,, plaintiff admitted that he had altered the position of certain pegs lie had put in, but said it was done to bring the bottom peg into conformity with Mr. Ledger's pegs. He had done this in making a survey for Land Transfer purposes, it being his intention to cut up the property. F.I. Ledger, called by Mr. Hayes* stated that on 15th. October, in'company with defendant, . be inspected the division line, and the peg at the bottom, put in by plaintiff, was near enough to his own for him .to accept it. The top peg, on Quebeo • road, was several inches out. On the 16th October he made a further inspection of the divisional line to ascertain if the pegs put in by plaintiff were in 1 conformity with the terminal pegs, and found that the first peg up the hill was 4£- inches out on defendant's side of the boundary. The next was six inches out, and the last peg, near the top, was twelve inches out. . One put in by himself was 3£ inches out. On the hack Hue defendant was six inches short in his occupation, as well as measurement, and plaintiff was eight inches in oxcess. 'Witness, with the consent of counsel, then suggested that hi order to settle the dispute in regard to the division line, an independent surveyor—eiihtT the chief surveyor or ;i Government officer —should be asked to act as umpire. Mr. Foil said his c!;o;:t was noi yo much concerned as to the for.- inches of land involved as he was in have the fence repaired. The Magistrate said he could not decide as °between two surveyors, and would havo to call in an independent expert. After somo further discussion it was agreed to refer the matter to the chief sun'oyor, or some other Government officer, the peg in Toi Toi street to bo accepted, and the peg in Quebec road to be fixed by the umpire; the true line of fence to be the straight ■ line between the terminals; renewals to be bo on the true line, and repairs on the present lino, each party to pay his own costs.

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Bibliographic details

A BOUNDARY DISPUTE., Colonist, Volume LXI, Issue 15205, 18 October 1919

Word Count

A BOUNDARY DISPUTE. Colonist, Volume LXI, Issue 15205, 18 October 1919