WARDEN'S COURT, CAMPTOWN.

Grey River Argus, Volume IX, Issue 686, 11 June 1870, Page 2

WARDEN'S COURT, CAMPTOWN.

Wednesday, June 8. (Before Warden Whitefoord.) , Bailey and party v. Letcher and party. —Claim of L 44 for work and labor done as miners in tunnelling and timbering. Plaintiffs appeared in person. Mr Druryforthe defence. On the part of plaintiffs it was contended and admitted that the plaintiffs had agreed to construct a tunnel at Try-again Terrace, Nelson Creek, at 2s per running foot. The tunnel was taken in a distance of 250 ft, and timbered for 43ft, and it was about the manner in which this timbering was done the dispute arose. It was proved that one of the defendants (Letcher) had taken possession of the tunnel, acting in the capacity of manager of the company, before the contract was finished, and the the tunnel given over to defendants. Evidence was given for the plaintiffs which clearly established that the timber- . ing was sufficient for the purpose for which it was intended. It was submitted for the defence that the contract had not been executed in a good and workmanlike manner, and witnesses were called to establish this, which, however, by the Warden was deemed insufficient, and judgment was given for complainants for L 45 Bs, inclusive of costs, There were^ four witnesses for the complainants and two for the defence. Thomas (a hatter) v. Hill and party.— This was a complaint that defendants had removed Thomas 1 pegs, and deprived him of his ground, situated at Hatter's Terrace, Nelson Creek. Complainant said he had pegged out his ground in April, and that defendants were, working alongside him, and had removed his pegs some time subsequent. Three witnesses were called for the defence, who disproved this assertion, and judgment was, therefore, given for defendants, with full costs. Weston, Young and party v. Carey and others. — Assessors were summoned in this case, but they were not sworn. This was an important adjourned case con* oerning the cutting of parallel lines of frontage tunnelling claims on the Deep Lead, Nelson Creek. The evU dence was taken on last Court day, and the decision, which was then reserved, will affect the frontage tunnelling system throughout the whole district.— Tne Warden said that, since the former sitting of the Court, he had, in company with the Government Surveyor, visited the claims in dispute,, and had then expressed an opinion to the effect that Carey and party would lose their claim ; but he was now happy state that a very pareful sqrvey had been made, and in such a manner as would allow every oneto haveaclaim JOfeet in exce3s of the ground permitted by the regulations, This had been done so that the existing tunnels would not be interfered with, as it would be a great hardship that men, after working for such a length of time, should be deprived of the fnuta of their labor, owing purely to an

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unintentional error in cutting the' lines. He would be glad to afford every facility to settle amicably thoso disputes, by giving his assistance to secure the attendance of a surveyor on the ground, so that any dispute vi this nature might be permanently settled. Tho cost would not be very heavy, if every interested person contributed his proportionate share. In tho present case', the costs in all, owing to the frequent journeys and surveys, would be L2O. Weston and party to pay L 5, Carey and party to pay L 5, and LI each to be contributed by each party on the lead, and the surveyor would lay off the different claims.— The decision gave great satisfaction, and the miners on both sides expressed themselves pleased with the result. MrDniry appeared for the plaintiffs. A few unimportant applications and objections were disposed of, and the Court adjourned' to 22nd June. In the Resident Magistrate's Court, a few debt cases of no public interest were gone through, and the Court adjourned to the above date.