Kawhia Police Court.

Kawhia Settler and Raglan Advertiser, Volume IV, Issue 377, 28 August 1908, Page 2

Kawhia Police Court.

WEDNESDAY, AUGUST 26. Before Messrs T. D’A. Hamilton, W. J. Shaw and G. G. Jonathan, J’s.P ) DRIVING CATTLE WITHOUT NOTICE. The charge* against R. Willison, laid by R. Gregg and A. S. Ko<*e, wera withdrawn, on tbe applicatim of the GMHolainaut in each case. W. Kerr was charged by R. Gregg with driving cattle across bis land on 23rd June. The defendant applied . for an adjournment. ■ Mr Gregg in opening the ca&e, said I that at Kiritehere so far the settlers had been practically living in nomad’s land. They had taken up land from the Government, and they were blocked from using it as tbe commani'y appeared to think that they bad a perfect right to go through that had whenever they liked and drive stock about. Kerr had brought through cattle without giving notice, and later in the day it was found that a fence that had only been erec ed a mouth or two was cut through. Kerr, an old driver, should be well up with the provisions of the “Stock Act,” .and should, have given notice. He did cot wish to ask for any considerable penalty. There was no point of hw inyolved, as the Act was very clear. The action was brought simply to show that their property was not public property. The settlers were entitled to it by lease, and he would stick up for his rights. He only wished to show that people coo Id not cross hu» section witboat getting consent. The reison tbe charges were withdrawn against Willison was. because it was thought he was ignorant of the Act, but Kerr was not. He asked fo? a minimum nenaly as a warning, and as proof of the fact that the settlers had rights on their own property. His lease did not show that there was tt public track through his sec-ion. William Kerr said that the stock Act said that reasonable oxeme mast be made. His was that the cattle were seven working bullocks, every one being belled.. He denied cutting the fence. His solicitor had advised him that it was too much to ask J'a.P. to decide tbe case.

Tbe Bench said that if the case involved laud title they had no jarisdic-

Iu reply, Mr Gregg said that there was no question of title. He was tbe occupier of land, and the Act clearly slated that any one taking cattle tbroQgb his property had to give 24 boors notice. An adjournment would only pile up costs sud he thought it would be to Kerr’s interest to have tbe c<se settled. The Bench : Is there supposed to be a road there ? Mr-Gregg: A Mauri trackThe Bench: Kuowiug that it is hardly right that we hear the c»sj. Mr Gregg : That has nothing to do with this case. A. S. R «se proc’vded »x.ttiDBt W. Kerr for a similar offeuce. C tnplaiuaut said tbit tb« settlers bid b;eiupnt to a lot >f trouble and iacouvenieuce owing of people driving cattle without giving notice ; and he thought it only roasuuab’e (bat notice tth mid be given. Tbo Bench said thsit with tie idea of having the Act enforced in its entirely the cases would be adjourned till the Magistrate’s Coart on October 20 b, Kerr to pay costs of the adjournment. (Before Messrs Himiltou A Rose, J’s.P) A COUNTV CAbK. C- H. Quin proceeded against the Kawhia County Council f u r dBI2 3563, Mr W. J. Shaw appealed for an adjournment, on account of t e *hort uo ice of the case, and the fact that it was iiuj ossible to gel. Cr Norton to attend. Quin agn el and this case was also a< foamed to the S.M. CimtJ I’hu Court