WARDEN'S COURT.

Cromwell Argus, Volume VII, Issue 316, 1 December 1875, Page 5

WARDEN'S COURT.

Friday, November 2(5, 1875. (Before W. L. Simpson, Esq., Warden.)

W. Anderson and another v. Thomas Smith and two others.—Action to recover damages ami loss a'leged to have been sustained owing to defendants al'owiug tailings from their claim to interfere with plaintiffs' boxes. Mr Wilson appeared for plaintiffs ; Mr Johnston for defendants, pleaded general denial, and that the tailings complained of were discharged into the natural channel of Pipeclay gully, a main tailrace. After hearing considerable evidence on both sides, the Warden reserved judgment. .Star of the Mast Co. Limited v. Joseph TTolliday.—Action to re-over £.30 for that defendant ha I encroached and tresptssed upon the quartz claim and land held by the complainants, situate near Carrickton, and had unlawfully mined therein and removed stone and earth therefrom, to complainants' damage. Mr F. J. Wilson for complainants ; defendant conducted his own defence. Mr .fames Marshall, legal manager for the Star Oompanv, gave evidence as to the title under which the ground trespassed upon was he'd, from which it appeared that it hail b-,en marked out and a lease applied for in May last. Archibald Cameron, mining manager for the company, deposed that on 12th < >ctober he first saw defendant on the company's ground. Witness then told Holliday he was encroaching on the Star claim, to which defendant replied he was aware the ground belonged to the Star at one time, but there were not enough men employed to hold it. Defendant? said he could not find the company's pegs, to which witness responded they were all right. Afterwards went to the pegs with a witness and found that they bad been pulled up. Three corner pegs hall been removed, but the trenches were all right. j Replaced the pegs with new ones, which had since been maintained. The ground pegged out by defendant included a portion of that applied for under lease by the Star Company. Had seen defendant and his mate carting away stone from the claim. W. Menzies and J. Ingleson gave evidence corroborative of the previous witness. For the defence, J. Holliday deposed that the ground had been abandoned and "pegged out by I he and his mate, they commencing to hoist stone the same dav. Five days afterwards the Star manager, Cameron, accused them of working the Star ground. Told him had been workin" there five days, and had scni no pegs. The ground he (witness) had pegged out had belonged to the Heart of Oak Co In the course of examination by complainants' counsel, defendant said lie did not know how much ground had been abandoned, by the Star Co. Had not gone within 40ft of the Star's pegs. Their original pegs hail been shifted. Robert Addis and T. Scott were examined for the defence, after which The Warden, after reviewing the evidence at length, awarded complainants Is damages and cost of Court only, and ordered defendant to desist from encroaching and emove his tools, &c, from oif the ground held by the company. APPLICATIONS. Protection. —P. Knndsen and others, 00 days', claim ; Robert Scott and others, 60days', claim; —gran cd The application of Owen Daviea and another was adjourned for one week. Extended Claim—W. Armmr and others, three acres, head <->f Smith's gully ; .lohn Pryde one acre, Doctor's flat ; (4. M. Brown and another, 2 acres, snuMi-'jast si ie of Pipeela - ' gully • O. M'lvenna and another, 2 acres, Bailey's "u'lv <>. Tunnel. —H. Wickstraw and others were granted an application for tunnel. Tailings Site. —Thomas Baird and others, nine acres at liendigo, whereon to deposit tailings. Remitted to surveyor to make survey.