A SLIGHT "BREEZE" IN COUNT.

Manawatu Herald, Volume III, Issue 15, 22 October 1880, Page 2

A SLIGHT "BREEZE" IN COUNT.

The cases br mght by the Foxton ferrymen against Ivhiona Whaxnnro in connec tion with the row at ihe ferry about the end of August, occupied the Court a considerable portion of Wednesday. When Mr Ghierin was in the box, Mr Hawkins, for the defendant, naked him a question as to his title t'i the punt, and his right to collect tolls there. Mr Hanlcins at ouce objected to the question, on the ground that, apart from legal ri^ht, the fact of possession gave his clients a right, us tigainHt a third person who had no colour of right. ?.Iv Hawkins t>aid his contention was that tho whole affair was illegal. His client was one of tho tribe who owned the land at the other aid -3 of tho ferry, and their rights had been trespassed upon in the erection of posts, &0., for tho working of the punt; in fact, they could take the punt and usu it a* any time, aud if they knocked down the post or wire, and cut up the punt, ho held they would not bo doing wrona\ He asked hi 9 Worship to rule whether he could not bring up the questiou of title. His Worship said tho interference was with the punt, to which the defendant had no possible oluim, inasmuch as it was worked by a wheel ou v wire, nnd there was therefore uo connection between the punt and the defendant's claim to the Und on the west bank. The punt simply passed backwards and forwards in tho water. Mr Hawkins said such a decision was opposed to a positive fact, as tho ferry could not be worked without punt, wheel, wire, and pos'.B. His Worship suil ho must adhere to his previous decision, that there was no connection between the punt and the land. Mr Hawkins (laughing) said such a decision was outrageous. The Court must cxiuise him smiling (ha, ha) but 9uch a decision was outrageous. His Worship —Such a course certainly is not respectful to the t ourt. Counsel frequently make very singular applications to me, nnd though I may be amused at them, I invariably treat them with respect. I rule that the matter of title cannot be brought in, us defendant cannot claim the punt. ilr Hnnkins — Also, that plaintiffs being in possession, no third person without colour of right could interfere. His Worship — It is so, but I am not asked to rule on that point.