WARDEN’S COURT.

Dunstan Times, Issue 828, 1 March 1878, Page 2

WARDEN’S COURT.

—o— Thursday, February 28, 1878. J. Holt applied to surrender his present water license, and applied for a fresh license under the “Mines Act, 1877." The Corporation of Clyde objected to the application, excepting that the new license bear an endorsement, “ That it is subject to a deed existing between the applicant and tlie Corporation of Clyde ” The applicant agreeing to this, it was granted subject to the deed and to the endorsements on the original certificate. Foxwell and Iversen.—Applications for protection tier special an?, extended claims, Conroy’s Gully. Granted. J. D. Fcraud.—Application for right of three heads of water from the Wai Keri Keri Creek. The Corporation of Clyde and a number of miners working on the Duustan Commonage objected. The latter objections were thrown out, a copy of the objections nut having been served on applicant as well a' on the Walden. The objections on the part of the Corporation were argued at some length. The Warden reserved judgment till Monday next, sit 10 a. m., to consider the points raised. Marie v. Lawson and others.—Claim, damages to road made anil used by plaintiff as an inlet and outlet to his coal lease on the Duustan Commonage, by the tail water from defendant’s claim flowing over it. The items of damages were : 10 chains of road totally destroye?, LIOO ; 6 chains of nad partially destroyed, L3O ; damage done to business through destruction ot road, 107 days at 30s. per dav, Ll6O 10s '; damage to horse, dray and harness, 107 days at 10s. per day, L 53 10a, total, L 344. The evidence in this case was most contradictory. Plaintiff's witnesses asseverating that the road is impassable, defendant’s, that it is no worse than the street of Clyde. Plaintiff stated he had no title to the road further than having two Coal Leases, and having constructed the road. The Warden having patiemly heard all the witnesses, said—He was not sure if plaintiff had a right of action to repair damages. Before giving a decision ho would look up the points, and would defer judgment till next Court day.