THE COURTS.

Taranaki Daily News, Volume LII, Issue 244, 20 November 1909, Page 6

THE COURTS.

I THE WAMa.NU RAcECOIRSK i CASE, j Ui |i iegra| li.- I'rcss Association. J Waitguuui, November 111. 1 Judge Kilw-iv.in decision was give-; '. ihis morning in tin: uisc in which the nu-'.ec. ~: l he Uunganui .lockev CI lb slooj 10, ilie recovery of damages, fin tiT-liass alleged to have been committed iy siil urban residents, across the rucecniir.v. The defendants denied that vlie racecourse was in possession of the plaintills, and justilicd their acts as being ill tlie exercise of a public right oi passage over the racecourse. His Honor said it was not necessary or expedient to attempt to determine whether -ir not the plaintiffs proved their title or ■ihcthcr the defendants' had cstablisned •i public right of passage across the laud. It was certain that for over halt •i century the public had, until recently, passed unchallenged across the land. I>.jl whelher the attendant circumstances were such as to establish a public righl he did not find it necessary to enter. The persons ill possession of the course were all the stewards of the Wanganni Jockey Club. The plaintiffs' claim was based, not upon the possession of the stewards, but upon their office as trustees, and plaintiffs must therefore fai in tlieir action. A nonsuit was entered with costs upon tlie lowest scale. LIQUOR IX MASTERTON. Masterton, Last Nigbl. I liidinrd llaviland was lined C3.i and | costs at the Magistrate's Court to-day for keeping liquor for sale in a nolicense area.