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WARDEN'S COURT, NO TOWN.

Tuesday, August 12. •"-.- (Before Mr Warden Whitefoord.)

James Law and party v. Henry Korman and party.— A complaint that the defendants were in illegal possession of, one man's ground, in a claim at Swiss terrace, Candlelight. It was not denied that the defendants marked out surplus ground ; but they alleged 'they hired labor to represent it, and that they held a sufficient numbers of miners' rights to keep the ground. * The plaintifts disputed the allegation that the defendants took steps to have the claim legally represented, and the question was incidentally raised who* ther it was not necessary that all the parties claiming shares should not be on. the ground at the time of marking, or as soon afterwards as it was practicable. The defendants produced witnesses to show that they did actually ! engage a wages man before the claim was marked out, and that they had the requisite number of miners' rights. After a long, hearing, and able arguments on both sides, judgment was given for .the defendants with costs. Mr James Law appealed for his party, and Mr Staite for defendants. v Stanhope v. Parfitt. — The complainant sued the defendant to compel him to leave a right-of-way between the buildings of both parties, on the Brunner Parade, .No Town. The action was brought under Section XXI, clause 4, of the Regulations, which directs that owners of single building sites shall not build upon more than 27ft of the frontage of 33ft to which the license entitles them. The remaining 6ft is to be left open as a passage. .The complainant brought hia action: as for illegal interference with his businesssite by the defendant, who is building hew premises and occupying all the vacant ground between his own and the complainant's shops. The rule is not mandatory as to which side of the section the space is to be left, and it was competent for the defendant to leave the right-of-way open-on the side opposite that adjoining the land of the complainant. The Warden adjourned the Court and visited the scene of ' the dispute. It was decided that the defendant did not encroach on the complainant's section, and a verdict was given for the defendant, with costs. George Alloway and pa*ty applied for possession of an abandoned dam at Abe'a Gully. H. Whitnell and party opposed on the ground that they held a. registered right for the dam alleged to be abanddned. The right of the objectors originated by purchase at a bailiff's " sale, .under a distress warrant, of the dam with -the rights connected with it* The?transfer was put, in, : but not the original certificate, which was ; v still ! held by the former owner of the property; •> It was shown by the objectors that the dam in question was the keyto a system of" drainage at present being constructed by the objectors— Oilier, Whitnell, .and party— in connection with their large reservoir on: Stewart's Hill. The application was refused with costs. ...

H. Whitnell and party applied for the registration of a head race from the above* named dam in Abe's Gully to the waterworks on Stewart's Hill. The application was opposed by George : Alloway on the ground that he wanted the water in the bed of Abe's Creek. The application was granted. ■•;■>'..

The objector in the above case, after the judgment was given, was guilty of contumacy and disrespectful behavior in Cqurt.. . He was ordered -into custody and removed, threatening the Warden with pains and . penalties for false imprisonment. Previous to the final adjournment he wa,3 brought np, and 5 after being severely reprimanded he 1 was discharged. After disposing of a number of other applications," the Court adjourned- to 32th September. ;-

Wellington political gossip lias it that the Ultra- Pro vincifJisfcs have boen jonnrins their chickena air itAy, and. distributing the Ministerial portfolios. ' Mr Rolleaton was named as future Native Minister i

Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/GRA18720820.2.11

Bibliographic details

Grey River Argus, Volume XII, Issue 1266, 20 August 1872, Page 2

Word Count
649

WARDEN'S COURT, NO TOWN. Grey River Argus, Volume XII, Issue 1266, 20 August 1872, Page 2

WARDEN'S COURT, NO TOWN. Grey River Argus, Volume XII, Issue 1266, 20 August 1872, Page 2

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