WARDEN’S COURT.

Kumara Times, Issue 284, 1 September 1877, Page 2

WARDEN’S COURT.

Leahy iand party v. Brown and party. —This case was adjourned for a week, in order to give time for the appointment of assessors. Freel v. Okuku Water Race.—Mr Perkins for plaintiff. This was a complaint that defendants are erecting a flume on complainant’s business site, and the Court was prayed to order the removal of the flume. The defence was a denial of trespass. Charles Freel deposed that he had occupied the site since October, 1876. He had seen no marks of a race then. When he served the summons defendants had only begun to excavate. Complainant spoke to Mr Armstrong, who said the flume must go up. The flume was 20 or 30 feet high, and the legs spread about 10 feet. It would not be safe to live in defendant’s house with such a “ shower bath” above it. The ground about the piles of his house had been excavated, A race had been surveyed in May. . To Mr Armstrong: I took out my business license after I .occupied the ground. I did not inquire whether there was a line of race along the terrace. I saw no indications of a raco line. When I saw the f surveyor I took no notice. Had the race been on the ground I could build over it. William Armstrong, manager of the Okuku Water Race, produced certificate of race. He did not ask complainant’s permission. The flume would do complainant no harm. Daniel O’Donnell, miner, deposed that in Ms opinion tne flume would inconvenience complainant. - For the defence Mr Arinstrong called Richard J. Seddon, who deposed that he had applied for a certificate for the head race about a twelve month ago. Prior to applying he had, with Mr Bell, laid off the race. No objections were lodged against it. To Mr Perkins : I- pegged it off for about a mile and a half. I swear I put in more than one or two pegs. I swear I passed over where the complainant’s business site is, I can swear to a peg about 50 yards away. The ground has been surveyed three times for different races. Mr Lord surveyed the main race first. That was I think about the beginning of the year. Mr Brentnall surveyed it twice after, at different levels. (The registration book was put in, aud disclosed that the defendants were entitled to five feet in width,) The props spread about ten feet. . His Worship suggested that an arrangement’might be made between the parties.

Thomas Williams, gave evidence, after which his Worship adjourned the case, aa the parties said there was a probabihtybf an arrangement. •