RESIDENT MAGISTRATE'S COURT.

Southland Times, Issue 1689, 14 January 1873, Page 2

RESIDENT MAGISTRATE'S COURT.

(Before H. M'Culloch, Esq., 8.M.). ' Monday, 13th January. Sloan v. Lyon. — This was a claim for £10 for trespass and damage to a fence. The defence was a denial of the trespass, and that the damage was done for the purpose of exercising a right to a public road. Mr Wade appeared for plaintiff, and Mr Har- j vey for defendant. j The real question at issue was the right to use as a public road one of the old tracks passing through the centre of plaintiffs ground. Proof was led for the plaintiff as to the fact of the trespass and damage. The plaintiff put in his Crown grant, on which the road was not specifically reserved. For the defendant evidence was adduced to show that the plaintiff had only paid for the amount of acreage contained iv his section, as shown oa the plan, less the amount required for the road, and also that the Land Board had decided to lay off the disputed road ; but it was admitted that it had never been actually pegged off by the surveyor. Counsel having addressed the Court, His Worship gave judgment for the plaintiff, as the Crown grant conveyed the whole section, and the Burveyor.had neglected to lay off the road as required by the Act. Judgment for plaintiff, 40s aad costs. Mr Harvey asked leave to appeal, which was granted.