WESTPORT WARDEN'S COURT

Westport Times, Volume IV, Issue 706, 3 September 1870, Page 2

WESTPORT WARDEN'S COURT

Thursday, September 1. (Before J. Giles, Esq., Warden.) TYRRELL Y. MORRTS. The plaint set forth that the defendant was in illagal occupation of section 111, Coal Quay Easerve, and the complainant sought that the defendant should be restrained from illegal interference with such section, and be ordered to pay the costs of the proceedings. Mr Pitt appeared for the complainant, and stated that the facts were very simple. The section claimed by his client was part of a surveyed block running from Wailabi street to Bright street, and was taken up about three years ago by a party named Jones, who let to Tyrrell and subsequently sold to him. He claimed by virtue of a business license dated February 23. IS7O. : ' John Tyrrell gave the following evidence. Ho took np section ll£ Coal Quay Reserve, AVestport, about 2$ years ago. The section then belonged to Jones, and witness paid rent weekly. He purchased from Jones about twelve months ago. He had

held a business license since February 23, 1870, and also previously to that date.

By the Warden : I have held a business license almost continuously for upwards of five years on the Coast, and held a business license at the time I purchased from Jones. Shortly after T went out of business, and after my license expired I did not renew it until February last. By Mr Pitt: I know the defendant Morris. He took possession of the Bright street end of the section seven or eight mouths ago, or it might be more. Jones allowed somebody to build. West was always the recognised owner of the house. When 1 bought, the house was empty. On Thursday last 1 saw the defendant running a fence across the middie of the section. I told him to desist until I had seen the party who is interested in the section jointly with myself. I told him tHat personally I had no objection to his throwing a fence across, if he would move it back two or three feet, so as not to interfere with an outbuilding on the centre of the section. The defendant refused my terms, and in consequence I brought this action.

By the defendant: The section is 90 to 100 feet long. I certainly spoke to you about moving the fence so as to clear the outbuilding, and you replied that the other parties on sections adjoining had divided them across the centre, and unless you did the same the fence would be zig zag, and on that ground you objected to alter it. You desisted from continuing the fence on Thursday evening, but went to work early on Friday. Edward Balaton gave evidence as to having seen the defendant at work fencing the section early on Friday morning.

Henry Lewis, Government surveyor'' produced plan of the town of Westport, from which it appeared that section 111, Coal Quay lie serve, had a frontage to Wallabi street, as also to Bright street, and had au area of 33ft. by 99ft. The defendant stated that he first occupied the section about 17 mouths back, on his arrival from Wangauui, when he took possession of the cottage. The building belonged to Mrs West, who gave it to his wife. He bad no business license until April sth. The ground that be claimed had never been made use of. The cottage he occupied had a frontage to Bright street. At the time the complainant objected to the fence he proposed an amicable arrangement, lie would swear that no such proposal was made as stated by the complainant. Had it been made he would have very gladly moved the fence a few feet, lie considered be was entitled to half the ground, as others were dividing the sections adjoining Petrie claimed GG feet of the section.

Mary Morris, wife of the defendant, was called and corroborated the evidence of the complainant as to the arrangement proposed by him. Complainant said he would have no objection to the fence, if it were moved back some two or three feet.

The Warden decided that the complainant had establised bis prior occupancy. The first business license held by him limited his area to 33ft. by GOft, but the Regulations clearly entitled the holder of a licenso to occupy a surveyed allotment not exceeding forty perches, so that he must disregard the area expressed on the business license as it could not override the rules. Judgment for the complainant with costs, and one guinea professional costs. PBEHII AND OKEIG V. HATES. The defendant was charged with being in unlawful occupation of section 18, Coal Quay Reserve, Westport. Mr Pitt appeared for the complainants. The defendant stated that she had left the property, winch she had tenanted, but never claimed. The party who claimed was now in possession. It was agreed that the case should be adjourned sine die, pending other proceedings that were likely to be taken to establish the complainants' title to the property. The Court then adjourned.