COCKSFOOT CUTTING RIGHTS
CONTRACT WITH A ROAD BOARD^
CASE IN COURT OF APPEAL
- 'A case relatinpf in part to Hie powsr of a road board to sell cocksfoot cutting rights over roads within its jurisdiction was argued yesterday before the Court of Appeal. Tho appellants were 'Henry James-Knight, of Christchurch, and John M'Lonnan, of Methven, fanners: and tlio respondents tha National Mortgage and Agency Co., Ltd., and William Ashton, of Aaliburton, farmer. The-Mppollants wero plaintiffs m the Supreme Court. There, before Mr. Justice Herdman, they claimed damages for. alleged infringement of cool-afoot cutting rights which they had purchased from tho Mount Hutt Road Board. Acting (they said) under instructions- from a servant of the defundant company, a drover named Street took delivery at Ashton's property of a mob of between 500 and fiCO sheep, and from January 22, 1919, until the evening' of January 29, grazed the sheep backwards and forwards along the wads over which the (plaintiffs held cocksfoot cutting rights. The point of departure -was not more than 12 miles distant from the ' drover's destination. ' The defendants denied all the allegations made by the plaintiffs. They contended that the sale of the cutting rights, as alleged, was illegal and ultra vires of the Mount Hutt Road Board. They also denied that Iho instruction!* mentioned in the' statement of claim had been givon to tiPe drover. Mr. Justice Herdman held that the statement of the defendant that the sheep were being driven along- the roads legi- ' timately was "mero subterfuge." and thnf -under a pretence of driving the ■ ■sheep Street was in reality grazing them. ■ His Honour nevertheless gave judgment for the defendants, since tho local authority had not "btained from the Governor the consent < f the letter to the sale of the iwHoot . cr-tting Tights. Such consent. His Honour held, was indispensable, and its absence rendered the contract of sale ultra vires and void. .Atrainst that judgment the plaintiffs appealed. Defendants pave lotioe of a cross motion of appeal in the following terms:—'The defendants intend to contend that the -judgment' should be reversed in so far as it. adjudge? that Street, ncting under the instructions of either the company or Asliton. .grazed the sheep on the' roads which he traversed; and that instead thereof it should be adjudged that he travelled at such a distance and pp*e per day as constituted h'm a usor of the road, and that he (I'd not use the road for grazing; piirnosfs." Mr. M. Myers and Mr. tTnham yesteri\ny npnuapvl fir the apppllnnts, and Mr. f. B. 'Wilding renresented the National Mortgage and Agencv Co.. Ltd.. and Mr. M. J. Gressoif the respondent A-:Mon. The liearin" of argument was not concluded wh"n the Court rose.
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https://paperspast.natlib.govt.nz/newspapers/DOM19200709.2.6
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Dominion, Volume 13, Issue 244, 9 July 1920, Page 3
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453COCKSFOOT CUTTING RIGHTS Dominion, Volume 13, Issue 244, 9 July 1920, Page 3
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