A MATTER OF TRESPASS.

Gisborne Times, Volume XXV, Issue 2131, 13 July 1907, Page 2

A MATTER OF TRESPASS.

PATUTAH I GRAVEL CASE. THE COURT’S JUDGMENT. At tho S.M. Court yesterday judgment was delivered by Mr. Barton, in the caso Joyce v. Boatson and Barron, heard on Thursday. Judgment was as follows:' — In this case counsol for defendants raised a question of jurisdiction. Defendants admit haying entered upon tho land in question and removed gravel therefrom, but claim that thov did so under authority of tho Cook County Council, who claim a right to the laud by virtue of a proclamation datod 24th of February, 1904, taking a road through tho said land. Mr. Stock, counsel for defendants, contends that tho proclamation gives tho Cook County Council a right over the land for the full length of the road mentioned in the proclamation to the centre of tho river, and the plan annexed to the proclamation shows the river as the boundary. To my mind it is very doubtful whether the road boundary is intended to extend to the river; however, that is not a question, which I can take upon mvsolf to decide, as by so doing I should be deciding a question of titlo to land, which I am precluded from doing by section .‘}:j of the Magistrate’s Courts Act, 1893. , , What I am now called upon to decide is whether a euostion of title is bona lido in dispute between the parties, whether the claim for title is seriously asserted by tliq detenuants. lam of opinion that it is, and that being so, I shall have to strike the caso out for want of jurisdiction. Case struck out with costs x>i ios.