SECTION DISPUTANTS.
Disputes are of frequent occurrence at Eeefton, in reference to the ownerships of sections, and the decision of the Warden in the latest reported ease in the local paper gives the Warden's opinion and construction of the Regulations so fully that we summarise the case and append the judgment. Mr Timothy Gallagher raised an action against Mr John Stitt on Wednesday last to obtain possession of a business site in Broadway. Mr Gallagher's version was that he pegged out the Bection On the sth of March, and immediately set to work on it, while the defendant's statement went to show that he bought the section with the small hut on it for £l3 on the 29th of January last, and had let the house since that time at Is. per week. The Warden in giving judgment said that the case must he tested by clause 6, of section 16, page 24, of the regulations, which requires two things to he done to enahle a section holder to protect himself against liability to forfeiture. 1. Thatthe holder of the business license shall be actually residing thereupon. This he need not go into, as it was not attempted to be set up that the defendant ever did reside there ; and, secondly, that such considerable business or operations be carried on upon the site, or in connection therewith, as shall, in the opinion of the Warden amount to bona fide beneficial occupation. Now, the mere purchase of a section from another party is only to place the purchaser in precisely the same position as the vendor, and the rules he quoted as to occupation under business licenses must be strictly adhered to. He could not consider that the shepherding the section by Byaß from the 29th January to the 19th March, at a nominal rental of Is per week, is the beneficial occupation contemplated by the Act, more especially as during the whole of that time nothing whatever was shown to be done signifying an intention to occupy bona fide. On the other hand, the plaintiff pegged out the ground on the sth March, and at once proceeded to carry on operations in connection with the section sufficient in his Opinion to constitute beneficial occupation. The Judgment will, therefore, be for the plaintiff, with costs.
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https://paperspast.natlib.govt.nz/newspapers/WEST18720402.2.13
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Westport Times, Volume VI, Issue 958, 2 April 1872, Page 3
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384SECTION DISPUTANTS. Westport Times, Volume VI, Issue 958, 2 April 1872, Page 3
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