RIGHT OF WAY.

Taranaki Herald, Volume 23, Issue 14017, 23 September 1909, Page 2

RIGHT OF WAY.

THE WANGANUI RACECOURSE. OLD HISTORY REVIVED. Per Press-Association. - "1 WANGANUI, Sept. 23. A case of considerable ''interest is being heard in the Supreme Court by Judge Edwards, ton-day, affecting tho rights of the public and the trustees of the racecourse. A number of residents at the back of the course are being summoned for trespass, and the case is to "decide whether the public has a right to cross over the course. In the course of- his evidence, Mr. •H. C. Field, surveyor, and a very'old resident, said in 1851 there was-a track across the course, and to' the best'-of his belief the track had existed ever since from 1851 to 1870. Witness often went "across the reserve, which up till . then was not fenced off. As far' as witness knew, the track always entered and left the racecourse at the two points now used for entrance and exit. One house had been at the back of the course since 1865 or 1866 and its only exit -was through the course. The reserve was originally granted for the purposes of public utility and was' not used as a training track in the early days. Witness laid out the road round the reserve under orders of the late secretary of the Jockey Club, as tracks were dangerous to horses in training as the dray track soon had ruts formed in it. The case practically hinges on whee ther right-of-way .has existed over the course. ''In the event of the Jockey Club losing the case it is thought more than probable am effort will" be made to obtain another course.