WARDEN’S COURT.

Kumara Times, Issue 2017, 15 February 1883, Page 2

WARDEN’S COURT.

Wednesday, February 14. [Before J. Giles, Esq., Warden.] SUITS. Hugh Brown v. Solomon Pascoe.— The plaintiff sued the defendant that defendant being the registered owner of a residence area No. 32693, situate above Dillman’s Town, is occupying a larger area than he is entitled to hold under his certificate. Wherefore the plaintiff prayed that the defendant be adjudged to forfeit the surplus, to be measured from the two northern corner pegs of said area j and that the plaintiff be declared the first applicant for such surplus ground as a residence area.—Mr Hannan for complainant ; Mr Seddon for defendant. Plaintiff and defendant were examined on oath.—

The Warden gave judgment as follows : I find that the defendant is holding a larger area of land than he is entitled to hold under his certificate No. 32693, and I order that the complainant may mark off the surplus ground upon the northern side of the area, reckoning from the defendant’s southern fence as his bonndary-line. But the complainant is not to include the defendant’s house in the ground so to be taken up. And the complainant is to be considered the first applicant for the said surplus ground.—Costs to defendant: Court fees 10s, advocacy 21s.

R. J. Seddon v. Charles Schaivi.— The plaintiff sued the defendant—(l), That defendant is the registered owner of a residence area No. 29463 ; (2), That said certificate was obtained by misrepresentation, inasmuch as the application stated that the land applied for were sections 830, 831, 832, and 833, and whereas the defendant had, or claims to have had within his pegs other lands besides the sections applied for and referred to in the said application ; (3), That at the time the above grant was made, there was a Warden’s order in force to the effect that applicants must mark out residence areas on Education Reserve No. 128 in accordance with boundaries of sections as surveyed and shown on plan; (4), That defendant did not give the Westland School Commissioners notice of his application, they being entitled to receive notice, as persons whose interests were obviously affected. Wherefore, the plaaintiff prays that certificate No. 29463 be cancelled in so far as that part of the and outside sections numbered 830, 831, 832, and 833 is concerned, and that plaintiff be declared first applicant for same, or that the Court shall make such other order herein as it may think fit.—Mr Hannan appeared for defendant.—The Warden gave judgment as follows : I find that no sufficient proof has been given of the measurement of the surveyed section upon the Educational Reseiwe. Also that the present complainant cannot avail himself of the want of notice to the School Commissioners. Also that no intentional misrepresentation on the part of the defendant had been shewn. And I dismiss the summons without any order and with costs to the defendant.—Costs Bs, advocacy 21s.