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R.M. COURT.

MASTERTON—MONDAY.(Before S. Von Sturmer, 8.M.) The following concludes our report of the case Hessey v, Donovan, published yesterday: , Murdook McKetizio, overseer to, the Masterton Road Board, gaivo evidence as to tho pegging off tho disputed road in 1870, the then owner agreeing to givo tho land for road purposes, provided the Board fenced it. Since then a petition had been got up, and the Board induced to form a new road leading out to tho Camp Hotel, and abandoning tho old ono. Donovan had been informed that the Board had not deoided not to fence the road leading through Mr Henry's property. • 11. Wilsone, clerk to the Boad. Board, stated that tho Board about 1 two years ago made a new road, but did not abandon the old one. Mr Donovan asked the Board repeatedly to fence the road through Mr Hessey'g property, but the Board declined. He presumed the Board intended to let Donovan fight the matter out with Hessey. At this stage His Worship coil: , sidered the Court had been occupied with evidence outside tho Malicious Injuries to Property Act and that . Donovan had aotedunder apresumpr tion of right. The whole.ofwfte trouble seemed tohavearisen throljli tho masterly inactivity' of the Masterton Boad Board. From the evidence tho Government recognised the ' road as a public ono owing to their refusal to alter the railway crossing,' His Worship declined to say whether it was a public road, but held that.

there was no offence shown,.. MrPownall said tlaey were willing I to make any reasonable, offor, but if' ■ they fenced the line- through Mr . Hcssey's land they might bo called upon to fence the whole of the road from beginning to end, and put to an enormous expense. As regards the road not being legalised he m told by Mr Bromner, County Engineer, that CO per cent of the roads in the country were in the same condition, % in this my every private owner" tliedistrict might closo upthe district roads in a similar way,. , • Mr T, Binby gave evidence" as to ; - destroying the fences. " h : His Worship suggested: that an ' effort should he made between the : parties to come to an &mic&ble flgrco* mGlit;-;;''' , v. After considerable" discussion His •' Worship reserved judgment" till / Thursday,. 4th October,' .Mr-Hes'sey offering to forego costs jf any agree-' 1 mentwas como to re fencing off tho -> lQiid lino though his pioperty, , \ I

.Change in the Sneep .' Department 1 Wellington, Tuesday. Tho changes in' tho sheep department recommended by the Stock Committee tako effect from Octobor Ist. In future there will only be six inspectors/ oaoli responsible for his own dlejjp, and the lioad inspectorship wilrue abolished. Arrival of the Balmoral fiastle. Wellington, Tuesday. Arrived, the Colonial Union i'o's eteamor Oalmornl Castle from London via Sydney. The passage was unevontfulandshe brings no passengers, but had a largo goneral cargo.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/WDT18880918.2.11

Bibliographic details
Ngā taipitopito pukapuka

Wairarapa Daily Times, Volume IX, Issue 3006, 18 September 1888, Page 2

Word count
Tapeke kupu
476

R.M. COURT. Wairarapa Daily Times, Volume IX, Issue 3006, 18 September 1888, Page 2

R.M. COURT. Wairarapa Daily Times, Volume IX, Issue 3006, 18 September 1888, Page 2

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