THE WAIPORI COMMONAGE.

Tuapeka Times, Volume XXVIII, Issue 4339, 29 April 1896, Page 4

THE WAIPORI COMMONAGE.

("Tuievi Advocvto,") '■ At Wednesday's meeting of the Land Board a matter in which considerable interest is j being manifested by Waipori residents was ' considered. The application which came ' before the board was made by Mr T. Chalmer, who, acting on behalf of James Wright and « Wary E. Dickson, holders of land within the l Waipori Hundred, objected to a license being ' issued over land within the hundred to persons having no interest therein. From what J we can gather the matter has been the source j of much contention, and the recent case of > Kerr v. Cotton, in which defendant was convicted of allowing his sheep to trespass on j the commonage, was one of the results of the J unpleasantuess that has occurred between the > Commonage Committee aud Mr Cotton. The latter also sought to have the lease over the land ' cancelled, and the land let solely for their "< own use. At Wednesday's meeting the application of ' Mr Chalmer was considered. Mr T. Chalmer appeared on behalf of Mr Cotton, who was also present ; Mr Woodhouse appeared for the Commonage Committee, of. whom Messrs C. Kerr and W. E. Knight were present; Mr W. L. Simpson was present on behalf of Mrs Cotton. Mr Woodhouse said that Messrs Kerr and Knight would give evidence on behalf of the Commonage Committee, and would satisfy the board as to the position which thee ommittee took up. Mr Maitland (Chief Commissioner) : There is a proposal that the property be fenced. Mr Kerr said there was a natural fence between the land. There was an existing fence down to Pioneer Creek, and the creek itself was an effectual barrier to the sheep. The committee were willing to meet Mr Cotton fairly, but he wanted more than they could give without injuring the interests of those who used the commonage. Mr Maitland : You say there is a fence to Pioneer Creek. We never heard of this before. Mr Cotton : It is a private fence. They want to shut me out of 1,300 acres of land. Mr Kerr : Nothing of the kind, Mr Cotton. Mr Maitland said it did not matter whether the fence was a private one or not. If there was a fence then it was a barrier. Mr Cotton (pointing out a certain point in the map) : The fence is here Mr Kerr : Not at all, Mr Cotton. What's the use of misleading the board ? Mr Cotton : It's you who are misleading the board. Section sis fenced, and section 13 is open. Mr Kerr said Mr Cotton practically admitted that the creek was a barrier by ending the fence there. Mr Cotton : I admit it was a barrier at one time, but not now. Mr Kerr said their contention was that Mr Cotton prevented the matter being settled by imposing conditions that the committee and Mr Cotton knew were impracticable, and could not be carried out. \ Mr Cotton was understood to reply that the committee had agreed to pay for half the cost | of the fence I Mr Kerr : Not at all, Mr Cotton I Mr Cotton : But I say it was. There's the j ranger — ask him. Oh, I'll watch you just as closely as you watch me. Mr Kerr : I don't doubt it for a minute. Mr Cotton : There's one thing I don't do, and that is to set people to watch for sheep straying so that I could take them to court. Mr Kerr : Neither did we. We only protected ourselves. Mr Cotton : Bah ! I say you did ! Mr Knight : Well, you had numerous warnings. We sent you notices until we were tired, i but you refu&ed to take any notice of them. Mr Maitland : GraDtleraeD, gentlemen ! j We can't have any altercations before the board. You must conduct yourselves properly. If this sort of thing goes on the board will simply take the matter into their own hands. Mr Kerr apologised, but objected to Mr Cotton making mis-statements and trying to mislead the board. Mr Knight said the committee were anxious to meet Mr Cotton. If Mr Cotton would erect a fence they were willing to pay the rent and allow him to use something like 1,800 acres. In a matter like that they recognised it was a give-and-take business. Mr Cotton : I want no concessions from the committee. What I want are my rights. Mr Kerr: The committee have not sufficient funds to do as Mr Cotton desires. We have been let into considerable expense already, and will even now have to send round the hat as a result of his (Mr Cotton's) action. Mr Maitland : In a case of this nature it is necessary that there should be a little give-and-take, and if that won't be done the board will be forced to take action. Mr Kerr said the committee recognised that and had appointed a ranger whose duties, in addition to rabbiting, were to assist Mr Cotton in preventing cattle or sheep trespassing on the land — he was supposed to prevent mutual trespass. Mr Cotton : Tell me this : How many of my sheep were killed when they were being counted ? Mr Kerr : I don't know, Mr Cotton, what effect counting has on a sheep's constitution. — (Laughter.) I never knew before that it was calculated to do them harm. Mr Cotton : The position is this : They want 4,000 or 5,000 acres of land to keep 400 head of cattle on. I fay £100 a year for my land, and they pay a five pound note. Mr Knight said they were not acting for themselves; they represented many others who were interested. What Mr Cotton desired was to have a fence erected across the committee's land and cut off a large portion of their estate. Mr Kerr said the committee had taken steps to prevent their cattle trespassing on Mr Cotton's land, and that gentleman had of late kept his sheep off the commonage without having to employ a single extra hand. The fence would benefit Mr Cottou solely, and that being so he should have to pay for it. They are agreeable to let Mr Cotton have the use of something like 1,800 acres of land. Mr Cotton : I wouldn't take it as a gift. (To the Board) : Give it to them and make them fence it. Mr Kerr : Thank you ; we've had an experience of your generosity. You know that we are not in a position to fence the land. Mr Maitland : Well, this matter must be settled once and for all. We must put it on a proper footing. If we can't do that we will simply have to hand it over to one man Mr Cotton : That's what I wish you would do with it. Mr Kerr: Yes, we know that. And your object is to cripple the committee : to bleed us to death — that's what you want to do. Mr Knight: Let Mr Cotton give us his assurance that he will not prosecute us without giving us a chance to remove our cattle Mr Cotton : I've never prosecuted one yet. J Mr Knight : No, but you collected fees from dome of those whose cattle were on your land Mr Cotton : It's not true ! it's not trus ! Mr Knight : It's perfectly true, and you know it ! Mr Cotton : I say it is not. Name one. Mr Knight : I can name them, and you | know it. Don't you say any more about that, because we are not the only ones that know it. We could bring witnesoes from Waipori to prove it, too. Mr Kerr wantad to know, if the committee assented to anything and an arrangement was made, what assurance they would have that Mr Cotton would not prosecute whenever opportunity offered? Mr Cotton : I say I won't. Mr Kerr, with all due deference to Mr Cotton, accepted that assurance for what it was worth. He would only be satisfied if printed conditions were attached to that effect. Mr Maitland again said that the intention of the Board was that the matter should be settled for once and for all time. If they could not do it one way they would try and do !

it auother. If the parties could not come to a mutual agreement, the Board would have to stop in. Mr Kerr wanted the position plainly statrd in the license. He did not wimt Mr Cotton to be able to hold a claw over them, for the dread was as bad as prosecutiou. They wanted a tolerating clausn inserted, so that in case of a trespass the settlers, could not be pvo3ecutcd until after notice had been given to remove their stock. If that were done the committee would, as it was as good as laid down by the Board, consent to pay interest on half the cost of the feuce which was to be erected between the properties. After further remarks both parties agreed to the proposition of the Board viz., that a fence be erected between the two properties, the cost of same to bo paid by Mr Cotton and the interest to be paid by the committee on half the cost of the fence. Until the fence is erected the license to remain as before, and the position of the parties to reniaiu unaltered until the fence be erected.