Saturday, – September 15.

Grey River Argus, Volume XIII, Issue 1595, 15 September 1873, Page 2

Saturday, - September 15.

James Godfrey was brought up, and, : sentenced to six months' hard. labor. i appeals. . ' .'. . Pringle and par ty , appellants, v. j enlrin3 and party, respondents. Mr Staite for the appellants j Mr Guinness for the respon- ; dents. . . ' This was an appeal from a decision : of the Warden made in a proceeding held at Ahaura ou the 11th' of July, in which the appellants sought to recover Ll5O damages from the respondents for interfering with their water rights at Nelson Creek. The grounds of appeal were that the decision was against the weight of evidence, and- that the respondents relied on a certificate for the extension of their tail-race which was granted subsequent to the water-rights held by the appellants. The Warden was called, and produced his notes of evidence. The appellants also gave evidence of what they proved in the Warden's Court. After argument by Mr Staite for the appellants, his Honor stopped MrGuin: ness from proceeding with argument in support of the decision. His Honor held ; that the interference having been caused by the defendants diverting certain drairi- ; ■age water which naturally flowed into : their tail-race, the appellants had no : cause of action for damages, as their rights did not give them a right to all the ■ drainage before it came into their head--race. He therefore upheld the Warden's' decision, and dismissed the appeal. . • Frederick Wilckens, appellant, v. John j Hayes, respondent. Mr South for the ; appellant ; Mr Guinness and Mr Staite : for the respondent. This was an appeal from a decision given by Mr Warden Whitefoord in a pro- ; ceeding before him on Friday, in which i the respondent, John Hayes, sought to ; recover possession of a business site and ' store at Half-Ounce, taken possession of : by the appellant under a sale note from the Trustee in Bankruptcy in the estate ■ of James Hayes, a bankrupt. By consent of the counsel engaged, , the following case was stated for the opinion of his ; Honor : — ■ " This was a case agreed to be stated by ithe parties in a proceeding in the WarAden's Court of the Nelson South-west i Gold-fields', holden at Ahaura, wherein -the present appellant was defendant, and > the respondent, was plaintiff, and brought |to recover the possession of a business ;site at Half-Ounce, illegally taken ipos- > session of by the ; defendant (appellant), ?he having, as was alleged, no valid title i thereto, and having refused to yield up | same, and the plaintiff (respondent) claimling ten pounds as damages. The plainjtiff relied oh an agreement or sale note of ithe same business site from one James I Hayes, dated. 15th May, 1873, to himself jin consideration of a sum of L 25; alleged (therein to have been paid on the purchase jthereof by the plaintiff, to the said Ja<ne3 jHayes, and no evidence to contrary was [given, and he also, relied upon a business (license taken out at the time of purchase, |and under which he took up the said {business site, and has since held the same. |At the time of the respondent proceeding to [take possession under the -sale note and [business license, it was found- that one 'Anderson had marked out and taken up. ■the said business site as an abandoned jsite, but that the said Anderson, to save [expense, gave up peaceable poasession to jthe respondent, which agreement or sale note the defendant alleged was void by (reason of collusion , and fraud as between the said plaintiff and the said James -Hayes, bat. no evidence of any fraud or collusion was given. The defendant Frederick Wilckens relied on an agree-, men!; for sale of: the said business site from the Trustee in Bankruptcy, Mr Harry Klenrick, dated the 3rd. day of September, 1873, in consideration of the sum of thirty pounds paid by the defendant Frederick Wilckens to the said Trustee, upder which . the defendant : Frederic!? Wilckens took possession. It appeared that the said James Hayes was, on 'the 13th of August last, adjudicated bankrupt! The Warden adjudged that ! the defendant Frederick Wilckens should relinquish his possession of the said business site to the : plaintiff John! Hayes, and should pay the plaintiff the sum of three guinea^ and cos,ts of Qourt. The question for the determination of the Judge of the I)ißtrict x Coiirt is whether the judgment of the Warden is correct. If sq.the'|udgm.ent of the Oourfc below to be confirmed with costs of appeal; otherwise the.judg--ment to be reversed with costs." .Mr South, at considerable length, argued the case for the appellant. Mr Guinness proceeded to argue in reply, when his Honor stopped the argumenty saying .that he was quite satisfied that the appeal must be .dismissed. Whatever he knew of the transactions between the brothers Hayes, and however fraudulent the transactions between them might b?>.,yet- u pp_u. the., case as stated before him, theredid, not appear to. be any evidence showing that the sale was fraudulent, and, as he had to decide simply on the case.as stated, he had no alternative but to dismiss the appeal and uphold the Warden's decision. Appeal dismissed, with six guineas costs.