WARDEN'S COURT.

Kumara Times, Issue 523, 31 May 1878, Page 2

WARDEN'S COURT.

Thursday, May 30. [Before M. Prico, Esq., Warden.] Tlie case of Warren and party v. Fahey and others was hetrd today. 'JSie complaint was in substance that defendants did, at divers times between Ist January, 1877, and Ist March, 1878, encroach on defendants' claim at Ross Terrace, and extracted the washdirt from it, and by certain obstructions detailed in the complaint hindered the vvoiking of the claim, such proceedings necessitating an expensive survey. Damages were claimed to the extent of £l3O. Mr Perkins appeared for plaintiffs, and Mr (.Juinness for defendants. Two surveys had been made—the one by Mr Turner, and the other by Mr Wiib-rg; an! tlvy diff red on the main point to such an extent that, there was little option left the, War-len but to order a third (a Governme.iit) .surveyor to complete a fresh sui vey. A subpoena lial been issued for die latter gentleman (Wilberc). but had not been seived, on account of his compulsory absence at Ovm»»ni. His Worship called Mr Hun, chainman. \vh> gave evidence as to the nature of the encroachnieu:, and explained the plan in detail. This evidence was not, however, sufficient to till up the gap. and the Court endeavoured to bring the parties to an issue, ou the plans as submitted, and after lengthy arguments and siflne slight concessions ou either side, the matter was ivi'iu ed within very small limits. It was t.liett reduced to a question of the number, of loads extracted, and the value per load at the current price of gold. : This having been settled, Ihe next question was that of costs, the damages being, by consent of counsel on both sides, entered at £6O. Ultimately the costs against defendants were assesswd thus : Costs of Court, 22* ; survey, £7 7a ; one witness, £1 16s; one witness, 10s; and counsel's fee, £5 ss—total, £l6.