WARDEN’S COURT.

Kumara Times, Issue 2097, 21 May 1883, Page 2

WARDEN’S COURT.

Friday, May 18. [Before Frank Bird, Esq., Warden.] SUIT. —YORTT V, BASS AND PARTY. This was a suit to restrain defendant’s from interference with his business site at Dillmans Town.—Mr Seddon for plaintiff; Mr Perkins for defendants, who pleaded a general denial. The statement of complainant was to the effect that on or obout the sth day of May, 1883, the defendants unlawfully entered upon the said business site, and tore up and removed an appliance known in the blacksmith’s trade as a wheel ringing platform, and thereby damaged plaintiff to the extent of £2; damages to platform and piles, 10s; loss of time refixing same, 10s; loss sustained in not being able to perform work in hand, £l. The plaintiff prayed that the defendants be ordered to desist from further interference; and be ordered to pay the sum of £2 as damages. In order to establish a right the plaintiff erected the aforesaid machine and the defendants removed it. Several witnesses were examined on behalf of plaintiff to testfy, as to the plaintiff occasionally using a portion of the disputed ground. The defence proved by plaintiff’s own evidence that from June 13th, 1882, to July 24th, 1882, he was then without a business license, and consequently without a business site in the eyes of the law,- and the fact of this taking out the license did not re-establish his right to the land, if ever he had any, without marking afresh, which he had not proved to have done. The Warden gave judgment as follows :—I find that the complainant has not proved his title to the ground in question, and the summons is dismissed with costs to defendants, Court fees 10s, five witnesses 50s, counsel £2 2s; total, £5 2s. [The applications, with the full conditions attached, will be given to-mor-row.]