ACTION FOR DAMAGES.

Gisborne Times, Volume V, Issue 115, 25 May 1901, Page 2

ACTION FOR DAMAGES.

DISPUTE AS TO LAND ON WHICH STAKES WERE CUT.

By Telegraph—-Press Association. Invercargill, last night. A case, which is likely to develop interestingly, was begun at the Magistrate s Court to-day, William Smith suing tho Minister of Railways for £4O, for wrongfully depriving him of 400 stakes. The cutting of these stakes was the subject of enquiry by tile Southland Land Board, which found that, in the opinion of tho Board, Smith had not established “ to the satisfaction of the Board ” his claim to the timber seized by the ranger, and ordered that the timber be sold by public auction. Smith has land of his own, and asserted that the stakes were cut from it, but the Board adopted the view of the ranger, that the stakes wore out from Crown land adjoining. Counsel, at the time, contended that it was against all precedent that the Board should act as judge in what was practically a charge of theft of stakes in which the Board was directly interested. The Railway Department gave up the stakes to the Board, and Smith now sues for damages. The Crown solicitor contended that Smith ‘"should have appealed in accordance with the Act, but Smith’s counsel replied that they absolutely denied that the stakes were cut on Crown land, and would prove it. He was therefore proceeding against tho Department, as he did not recognise that the Crown ever had any rights in his timber. The Magistrate decided to hear the evidence before ruling on the Crown solicitor’s objection. Further hearing of the case was adjourned until tho 18th prox. If the decision is against Smith it is almost certain that there will be an appeal. The feeling at the time was that the Board had nob made out a conclusive case .that the stakes were cut on Crown lands.