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Press, Volume LXIII, Issue 18905, 21 January 1927, Page 11

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GREY ABATTOIR SITE. A RIVAL CLAIMANT. ' iSFKUt, TO TBI riIRS 1 GREYMOUTH, January '*>■ Proceeding* nt the meeting of the Westland Land Board were made interesting when tho adjourned application of the Rev. Father .1. .T. Fraher for an am- of land at Karoro wns dealt with. The importance of the application may he gathered from tho fact that the applicant claimed that tho area involved covered portion of the ground on which the Greymouth abattoir build ing is erected. In the coarse of argument by counsel for applicant (Mr V. J. Joyce) and for the Grey Borough Council (Mr 11. F Poogan) it was stated that in spite of a diligent search tho Grey Borough Council could not produce any titlo to tho ground on which tho abattoir was erected though they held that it wa* not tho ground that covered tho residence site title. Mr Doogan admitted that it was an extraordinary position for a responsible local body to be in that it had no titlo to tho ground on which it hod expended upwards of £7OOO in buildings and improvements. However, such appeared to be tho rase. There was considerable discussion botweon tho Board's chairman and counsel as to tho procedure, the Commissioner at first holding that the matter should be dealt with in a Court of Law. but. after discussion, in which it was pointed out that the matter was one of defining: who was the holder of thetitle to the land in question, it was decided to hear the evidence for the applicants who were asking for an improred The Commissioner, Mr" W. T. Morpeth, in tho courso of the discussion, expressed his opinion that it was an amazing position that tho owner of thtf land had not objected to the erection of tho buildings on the land at the time some 80 years ago, whereas the first written protest was only made in -202-1.

Applicant's Explanation. The Eov. Father Fraher, w ho was the applicant on behalf of the family estate, said it was due to the eertous illness of his father at the time that no strong protest was made ana the threat of somo members of the Borough Council presumably lo his father that thoy would take the whole of his land and the fear that they had t\t power to do so, that had provonted action at the timo. The only document between the partios was one in which the Gray Borough Council paid to the elder Fraher the sum of £2O for the removal of some buildings on the abattoir site and a portion of the residence sito. It was claimed that tins sum did, not fully repay tho cost of the removal of this building, a stable, and an adjacent pigsty.' Evidence was given by James Joseph Fraher, Catholic priest, residing at Tcmuka, who stated that the title of tho land was originally granted to James Lalor and transferred to Win. Hickey, and from him to witness's father. Ho know the residence site from boyhood., Ilia brothers were born in a house on the site. In 1869 there was a house on tho property which remained there till 1918 and was used as a store-room and stable. After the oroction of the abattoir they occupied and stiU occupied the balance of the site. In 1924 he had written to'the Orey Borough Council claiming the land and received a lotter stating the claiin.couttl not be entertained. In 1924 he made a claim which the Council declared was excessive and was declined. He produced declarations by a number of'wsidents who stated that the land claimed was that occupied N by the Fraher family during the period. Evidence in support of the application was given by several 1 other witnesses. _ *•■••»■ Mr Joyco said the case for appnean*. had becu clearly proved and there was no doubt that applicant was entitled to a grant as asked for. \ Mr Doogan said that, the Couneil claimed the area of the, residence site which was very vague and could Wttjy bo any of the other, sections i*f*ne locality. He stressed the position of the Grey Borough Council with its,|** tt ? ablo buildings erocted on tha g?o«nd. The Board decided *» !*JW* *■-* application until the next sitting.