DISTEICT COURT, CLYDE.

Cromwell Argus, Volume V, Issue 265, 27 October 1874, Page 6

DISTEICT COURT, CLYDE.

Thursday, October 22. (Before His Honor Judge Gray.)

Phillippi (appellant) v. Felton (respondent).— Mr W. Johnston for appellant; and Mr F. J. "Wilson for respondent. This was an appeal against the decision of Mr Warden Simpson, in a case of trespass, heard in the Warden's Court. Clyde, and wherein damages were awarded the now respondent. There were five grounds of appeal; however, three only were contested :'—l. That the original summons was informal, and the decision against law ; 2. That the now respondent had no title to the ground ; 3. That the Warden had no jurisdiction.

The facts of the original case, which have been previously published, we give in a condensed form for the benefit of our readers, and are as follows :—ln 1866, Felton applied to the Warden at Cromwell for an area of fourteen acres on Prospect Flat, Clyde and Cromwell road, under the agricultural Lease Regulations, and having complied with these regulations by posting notices and marking it out in clue form, obtained a certificate, the Warden (Mr H. Stratford) at the time saying that he would recommend the Government to grant it. After a time the Warden told him (Felton) that the consent of the runholder must be obtained, and that he woul 1 write to Mr M'Lean about it. Just at this time Mr Stratford was removed, and Mr Robinson took the position, who, on having the matter referred to him, said he would see that the application was granted. Things were left in this condition until Mr Pyke succeeded Mr Robinson, and he promised to bring the matter before the Government, in the meantime the consent of the runholder having been obtained. After the lapse of a few months, his Honor the Superintendent, and Mr Bastings, the then Secretary for the Goldfields, whilst on a tour through the goldfields, had the matter brought under their and they said it should be made right; towever, a dissolution shortly after taking place, nothing'was done, and Felton was left in exactly the same position as when he first obtained his certificate and paid his deposit, until the now appellant, Phillipi, entered within the fences of the ground and was guilty of the trespass, the nceasion of the action which was the forerunner -of the present appeal. During the evidence, it was elicited that a previous trespass bad been •made by Phillipi, for which he was mulcted in .damages in the Resident Magistrate's Court. After argument at considerable length by counsel on both sides had been heard, His Honor said he would reserve judgment.— Dumtan Times.