FIXING A BOUNDARY.

Wairarapa Age, Volume XXXII, Issue 10231, 6 May 1911, Page 3

FIXING A BOUNDARY.

APPOINTMENT OF AN ARBITRATOR. At the Masterton Magistrate's Court yesterday, the. adjourned application for the appointment of an arbitrator in the dispute as to. the boundary fence between John Barton and Henry Taylor Hume, both of Mataikona; was heard. Mr H. C. Robinson appeared for Barton, and Dr. Trimble for Hume. Mr Robinson stated that the, application was one between two land-own-ers in regard to the fixing of the site of a boundary fenoe, it being asked that the Court fix an arbitrator in the matter.

His Worship stated, in reply to Mr ! Robinson's argument,that the question of title entered into the matter, that the Court had nothing to do with the question.of title, and that it was merely for an arbitrator to be appointed who should follow as near as possible to the natural boundary. ; Mr Robinson stated that he was quite prepared to accept that decision if his Worship would direct the arbitrator, to follow as near as possible the boundary line. His Worship stated that he could not bind himself to direct the arbitrator except insomuch as he carried out the law. Dr. Trimbl* pointed out that at the jperious sitting of the Court the parties had appointed an arbitrator. 3£» recognised, however, that there waa some point in the statements made by opposing counsel in regard to the Question of title, to the effect that part of the .land was leasehold, some of the leases of which would expire in three years, and some at a longer period, and that the Native titles had not been invidualised, in oonsequence of which, at the expiration of the lease, it might be necessary to readjust the boundaries. Hence he would offer no objection to the appointment of an arbitrator. His- Worship said that he would agree to see Mr 6. H. Innes, sheepfarmer, of Te Mai, Tinui, in regard to his appointment as arbitrator.