WARDEN'S COURT, AHAURA.

Grey River Argus, Volume VIII, Issue 594, 6 November 1869, Page 4

WARDEN'S COURT, AHAURA.

Thuesday, Oct. 28. (Before Mr Warden Lowe.) Mathew Constantine v. Stephen Cameletta, — Claim of L7O, balance of purchase money for a share at Napoleon. This case was adjourned from last court day for the production of a certain agreement between the parties, and for the hearing of further evidence. After a long and tedious hearing, plaintiff was nonsuited, each party to pay their own costs. . Cosgrave and Co. v. Nelson and Co. — . An action for damages for an. encroachment at Napoleon, Plaintiffs claimed the sum of LI 76 13s lOd fo.r the washdirt taken away. For the plaintiffs, Mr Coe, Mining Surveyor, produced a plan of their claims showing the alleged encroach-, ment, which he estimated at 368 square feet. For the defence, Mr Dartnell, Mining Surveyor, produced another plan, which admitted a slight encroachment by defendants on plaintiffs at the spot complained of, but it also showed an encroachment by plaintiffs on defendants in another part of the claim of 154 square feet. After hearing an immense amount of evidence including that of the assessors, who were called in by both parties to test the value of the ground, the Warden said that from the great and apparently irreconcilable differences in the nature and. extent of the encroachment as shown on the, two plans before him, he would, not decide the case at present. The case would be adjourned until the Government Surveyor had made a survey of both claims and settled the boundaries. In the meantime the ground in . dispute was : not to be touched by either party, nor any interest on either side transferred op alieniated.