WARDEN’S COURT.

Kumara Times, Issue 810, 6 May 1879, Page 2

WARDEN’S COURT.

Monday, May 5. [Before W. H. Re veil, Esq., Warden.] WILKINSON AND OTHERS V. DOYLE AND OTHERS.—ENCROACHMENT CASE, This was a claim for .£231, for an encroachment on the complainants’ claim at 'Landkins Terrace. Mr Button appeared on behalf of the complainants, and Mr Perkins-for the defendants, Mr Button, in opening the case, said it would be for the Warden to decide the amount of encroachment that had taken place, and also the amount of damages, as he believed the defendants partially admitted the encroachment, by leave and license. He should prove that the groiind would give, three pennyweights to the load, and that the complainants wi.Uld be entitled to about 56 or 58 ounces of gold which had been taken out of their claim by the defendants encroaching thereon. Thomas Wilkinson, one of the party of complainants, deposed : We had a claim at Larrikins Terrace prior to Jannaiy, 1878, adjoining that of Doyle ahd party. Previously to that date our boundary line was not straight i it had au angle iir.it, There sas a survey made of Doyle and party’s claim by the Gorernir.eut, when they Were surveying the line of race; and at that dace we i e-pegged oureclaim. :Th« surveyor’s man showed us the pegs on thrtt day. Downie showed; the peg marked C on the map [produced] as thd cornet? peg of their boundary line. I saw the surveyor had a peg at B, With thd word “ intermediate.” on it. I asked Downie to come and See it, and asked him if it was his peg. He made no reply; There were some other pegs there, but Downie claimed none of them. 1 put in a peg at the point marked D, and saw one at the point marked A put in. The encroachment took place between October and March last. We had been oVer the ground then, and it was all solid. Mr Perkins admitted that the encroachment took place iii January and February last. Witness continued i We have worked from the peg A to nearly where the encroachment commences, and the ground averaged 2£dwts., to the load. We took out over 1000 loads. The dirt from our new shaft averaged fully Sdwts. to the load. Downie told me they were making £1 a da}'. By Mr Perkins ; I do not know hdw. much ground we hold. It is three or four men s ground. When, we re-pegged our ground, we extended it. From March to October last we did not ilcck off because the ground was so poorj it was because the dirt Was so far from the shaft. We put in four jump-ups in the encroachment, but could not work them. Itwas about 33feet from the corner of the encroachment to where we got the Sdwts. prospects, I asked Downie to come and show me his pegs, but I only Wanted to see one of the pegs.

Joseph B. Hunn proved that when surveying the Government race with Mr Will berg, two pegs were pointed out by one of the defendants who also told them that the boundary of their claim was a straight.line, Thomas Muirhead corroborated the evidence of the last witness as to the two pegs, and also to the putting in one as a travel ae peg marked “intermediate.”

James Wylde sworn deposed : The plan produced, marked A, is a survey made by me and shews the relative encroachment made hy Doyle and party on Wilkinson and party’s claim. A small peg with a stake alongside it-was shown by Doyle and party as their peg. It is shown on the Government plan as a traverse peg, no t as a boundary peg. I made an underground

Fumy. Taking the line A. to D. a* "Wilkinson's boundary, there is an encroachnfent 141 feet long, with an average of 19 feet in breath, and 7 font in depth, giving the contents as 60S cubit yards for the encroachment. This would give for gold taken 57 ounces odd allowing for stones and eauh. To this t add one third for difference in bulk when groiind is broken. By Mr Perkins : This is the usual mode of Calculating. Take a yard to a load. It is usual to allow one third for the diffe retire* The highest prop was t feet, and the lowest f>f<. Gin. Fergus Barniwman, sworn, deposed ; I ain one of Wilkinson’s mates, and I remember Doyle's claim being .surveyed by Government, in January 1378/ I saw them jointing out their pegs to the surveyor. • We watched to see the pegs; Downie was showing the pegs. Ihey sliowci two pegs and no more at that time. We then re-pegged our claim, j s w Melville put a peg in. My mate put a )>eg in at. point A, as on marked plan ; 1 saw it shown as one of the pegs. It was near an old shaft. Ihe surveyors put in an intermediate peg; it is shown at point marked D. Wilkinson put in the peg at point 0. I never knew of defendants claiming a peg at (joint marked R. There were no trenches cut. We reckoned what we g>t out ol the shall will average. 3dwts. to the load. By Mr IVikins; I never asked, defendants whether they had abandoned a certain pm Lion of the ground. I. pulled up the tramway rails last week. A witness named \lTutosh was called, but his evidence was not considered necessary by counsel for complainants. John Melville,■■being sworn, deposed : I remember surveyors coming to Doyle’s claim, in January 1878 The two pegs were pointed out by Downie, who was Nvorking on the to j>. 1 saw him doing so. I saw ihe surveyor put in the intermediate | iej. I allerwards altered our pegs, and Wilkinson, .put in one when Downie was standing alongside. I saw Wilkinson put in the lower peg. It was not worth our while to brhur out the dirt from the jump-up. We calculated it would go 2J-dwts. to the load., . Wilkinson, Barrowmah, and MTntosh, on being recalled, denied having given anyone permission to encroach or work on their claim. , /-This closed,.the case for the plaintiffs. ' [The evidence for the defence ami the .Wardens judgment will be give i in to-mpriow’.s issue.]

•For remainder of news see last page.