WARDEN’S COURT.

Kumara Times, Issue 2514, 11 July 1884, Page 2

WARDEN’S COURT.

Friday, July 11. [Before J. Giles, Esq., Warden,] suit. Alex. Reid, Wm. M‘Cotter, Gustave Bergstrom, John Druce, John Rae and Robert, M'Gregor, complainants, v. John Gow, Manager Kumara SludgeChannel, defendant.—The complainants sued the defendant for—l. That the defendant did, by writing bearing the respective dates hereunder mentioned, agree to permit the complainants to 'have the use of the Kumara sludgechannel for the "terms mentioned in such writings, that is to say, in the case of Alex. Reid, Wm. M'Cotter, and Gustave Bergstrom, from the 7th day of June, 1882, to the 6th day of June, 1883; in that of John Druce, from the 26th day of June, 1882, to.the 6th day of June, 1883; in that of John Rae, from the 15th day of January, 1883, to the 6th day of June, 1883; and in that of Robert M‘Gregor from the 24th day of October, 1882, to the 6th day of June, 1883. 2. That the defendant has since the Ist day of July, 1884, refused to allow the complainants to have the use of .the said sludgechannel, and all conditions have been fulfilled by the complainants necessary to entitle them to maintain this suit. Wherefore complainants pray that the defendant be adjudged to allow the complainants to have the use of the said sludge-channel, in accordance with the agreements made by the defendant with the complainants in that behalf, and that the Court will make such further or other order as it shall seem fit. Mr Hannan appeared for complainants and stated that this was a friendly suit. Mr Gow also stated it was a friendly action to settle the position of parties using the sludge-channel. Mr Hannan explained the position of the various parties. The Warden considered it very advisable that all parties should ask for damages, so that he might deal with the case legally. The complaint was then amended by consent, a prayer for damages Is being inserted After argument, judgment was given for complainants, damages Is. applications. Edward Hardy and party applied, by their agent Mr Hannan, for one month’s protection for their double-area claim at Larrikins, whilst erecting machinery.—Granted.

Harry Richards applied, by his agent Mr Hannan, for a residence area at Larrikins.—Granted, on usual conditions.

John Henderson and party applied, by their agent Mr Hannan, for three months’ protection for their extended claim at Ross Terrace, whilst constructing a new tail-race to the claim.— Granted.

The effect of the ruling of the Warden in Court this morning is to place parties working into the slodge-channel in the following order :

Original No. No. Burke and party ... 1 3 Meade and party ... 2 9 Romas and party ... 3 10 Netzb&nd and party... 4 12 M'Kinnon and party... 5 15 Nicol and party ... 6 20 Bergstrom and party., 7 22 Reid and party ... 8 23 Isbester and party ... 9 25 Grant and party ... 10 26 Watson and party ... 11 29 And all other parties (19) on an equal footing.