WARDEN’S COURT, CLYDE.

Dunstan Times, Issue 648, 18 September 1874, Page 2

WARDEN’S COURT, CLYDE.

Thursday, S»p. 17(Before W. L. Simpson, Esq,, Warden.) Felton v. Phillippi.—The Warden delivered his reserved judgment in this case, which was one for trespass and damages on land held by plaintiff, under an application for agricultural lease. The judgment, which was of groat length, reviewed the Goldfields’ Acts of 1862 and 1866, and the rules and regulations under them referring to the particular point in dispute, the gist of same being—That the plaintilf wa» entitled to hold an action for trespass and damages against the defendant, ho not having been guilty of any laches whereby his application for an agi icultural lease’bccame forfeited ; in fact, to the contrary, he had several times in the interval between the application and the present time endeavored, to determine his title, and he held that the ground was undeniably protected until the application was finally dealt with by the Warden or the Government. As to special damages for trespass he had a doubt, as the plaintiff being merely an applicant any improvement ho put on the land was at his risk. One portion of the land, however, which was held under a residence area, and transferred to’plaintiff he had no doubt. With respect to amount of damages to be awarded, the Warden thought the action of the defendant in seeking entry to the ground was not so mnoh with the view of developing the land as a desire to annoy, this being not the first time he had entered this same ground. Defendant : It is the third. The Warden continued : And had been defeated. He had also entered other lands fenced in, and annoyed the occupants. Tho damages would bo for L2, costs of Court and professional costs. The defendant gave notice of appeal.