A LAW ARGUMENT.

Taranaki Daily News, Volume LII, Issue 357, 7 April 1910, Page 5

A LAW ARGUMENT.

ALLE(.EI) RACKCOrnSK TRESPASSERS. A QCESTIOX OK DEDrCATIOX. By Telegraph —Press Association. Wellington, kist Night. In the ease before the Appeal Court affecting the. right of the. Wangunui Jockey Chili to exclude an alleged trespasser from the racecourse, .Mr. C. l\ Skerrett, K.C., contended that his 'Honor Mr. Justice Edwards was wrong ui nonsuiting the club, and should have added the necessary parties to the. ease and given judgment on its merits. The Court of Appeal ought now to add the parties if necessary. Ho argued, however, that the plaintiffs were entitled 1o possession solely or in common with others, in which case it was clear that one of several tenants in common could sue in trespass. There could have been no dedication of right of highway. The land was granted in 18(12. and no dedication could be presumed before then. After that the tnists on which the laud was granted would debar dedication. The user claimed by defendants was permission only, and wTien this was withdrawn they became trespassers. Mr. "W. Tlutchicson, for the defer.ee. contended that the Court of Appeal conld not add parties to the judgment of an inferior Court, but if they did so the case ought, to be sent back for rehearing. He also argued that the lease of the land as a racecourse was ultra vires, and that the right of user had been acquired ever since 1851. Argument is unfinished.