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Grey River Argus, Volume IX, Issue 655, 31 March 1870, Page 2

One of the most important judgments ever given in the Warden's Court, Ahaura, was delivered on Tuesday last in the case Mackley v. M'Laughlin. The plaintiff applied for the cancelling of the defen-* dant's protection for a track from Noble's to Napoleon, on various grounds, the principal of which was that the track had not been maintained in good order and repair in terms of the protection. Mr Warden Whitefoord, in company with the Provincial and District Engineers, went over the track, in order to judge for himself, as the evidence was very contradictory; and at the last sitting of the Court, gave judgment for the plaintiff, ordering the cancellation, of the protection, and stating that the Government would now I take possession of it, and put it in proper repair, This decision will be hailed »vith pleasure throughout the country districts, because it will prove the death-knell of the practice, liitherto existing of obtaining protection for anything in the shape of a track, charging very hii»h rates of tolls, and allowing tho line to fall into a shame*

ful state of disrepair, in some cases being knee-deep in mud. For the future, the rule will be that, where tolls are levied, the tracks must be kept in a proper state of repair, and we rather fear that the protection on many tracks will be abandoned, rather than go to the expense of putting them right. We learn that a number of similar cases will shortly-be brought before th« Court, aud it is likely the case of the trade t(j Antonio's Flat will bethe first. The time has come when the Nelson Government ought to obtain possession of all the tracks on its Gold Fields, by purchase or otherwise, and keep them in a proper state of repair, bo that facilities may be given for prospecting, and the price of provisions cheapened,