WARDEN'S COURT.

Cromwell Argus, Volume V, Issue 232, 21 April 1874, Page 5

WARDEN'S COURT.

Friday, April If, 1874. (Before W.Lawrence Simpson, Esq.,, Warden.) COMPLAINTS. Perriam v. Baxter.—This was a suitinstituted to obtain the cancellation of. an interest held in a Water-race by the defendant. Defendant did not appear, and it was allowed that defendant was in England. The Warden stated that he did not think the Court had power to grant what was asked.— Mr Colclough appeared as agent for the plaintiff, and stated that the defendant had no miners' right.—The Warden, how-* ever, held that even admitting that the defendant might have an ecpiitable right, which could not betaken away in this manner, the proper course was to take proceedings to have the partnership wound up.—Mr Colclough observed that the property in dispute was not worth the expense that would be occasioned if this course was adopted.—The, Warden quoted a case in which he believed five men took up a piece of ground under the law that twenty-four hours, abandonment rendered the rights liable' to forfeiture. One man of the five got drunk, and abandoned the claim for over twenty-four hours ; but it was held that the loss thereby occasioned must be shared by all the partners, as it was their duty, as partners, to see that the right was protected. In this case he held that the plaintiff could not take advantage of the defendant's want of a miners's right, as he thought it was the duty of the plaintiff to protect the defendant's interest. Jenour v. Trevathen!—This was a friendly suit to procure the renewal of a water certificate. It appeared that the certificate had not been renewed through the confusion that was occasioned by the death of Joel Chapman, who wasfkilled by an accident on the claim, and was a partner. Under the special circumstances the Warden allowed a fresh certificate to issue, to be dated 10th August, 1873. APPLICATIONS. . Anders Olsen applied for permission to extend his dam at'Kawarau Gorge.—The ayplicatiou was objected to by George Bedhead on the ground that it would interfere with a residence area now occupied by him. It appeared that the proposed extension would interfere with the objector's residence area, and that the ground had been fenced in, laid down in grass, and possessed by the objector for some time. It -was alleged by the applicant that the objpctor only occupied this ground through spite ; but the Warden held that the objector was legally in possession and that he had no power to oust him unless payable gold was traced into his ground, and then it could only lie done upon payment of compensation.—Application refused. Protection. —Archibald Ritchie, 90 days' for claim in Adams'B gully ; granted.—John Bafr and two others, 90 days'for claim in Adams's gully : granted. Water Races. —William Dickie, two sluiceheads from branch creek running into Luggato : adjourned f oramonth for further information.— Stephen Bodasci, six sluice-heads from registered dam No. 2727 : granted.