WARDEN’S COURT.
Friday, October 15. [Before J. Giles, Esq., Warden.] APPLICATIONS. William Henry Evenden and party’s application for protection to claim at Nardoo Terrace, for granted was three months. Vincent Franziuce applied for an extended claim at Larrikins. Postponed till next Court day. Alexander Reid and party applied for a tail-race to sluice through No. 2 channel. The application was objected to by Peter Grant and party, and postponed till applicants comply with No. 2 channel regulations. William H. Evenden and party’s application for a tail-race was postponed till next Court day. George Rich applied for a residence area.—Granted. L. J. Seddon applied for a residence area.—Granted. James Land’s application for extenj sion of sludge channel No. 1, objected to by Sellars and parly, and Cullen and party, was refused.
John Seterina was granted a residence area of 62 perches at Patrick’s Terrace. William Ames applied for a tail-race to terminate between the Long Tunnel and Burke and party’s tail-races, postponed till next Court day to amend application. Soren Gellert and party’s application for a double area, tail-race, dam, and water-race, formerly held by Drake and party, but abandoned, was granted. N. Rothwell’s application for a residence area was postponed till next Court day. John Rose and party’s application for water race at New rush, Teremakau, was granted. SUITS. Walter Raleigh and party v. Alexander Foldi and party; for having abandoned their extended claim situate at the Break, and praying for the cancelation of the certificate and also for possession of the ground. The defendants having given notice to the plaintiffs prior to the hearing that they did not intend to defend the suit as they had surrendered their certificate on the previous Court day, for cancellation, and abandoned the claim on and from 12th September ; W. Ames having then taken possession of it. It was therefore decreed that the certificate be cancelled, complainants to be applicants for the ground fiom the date of their summons, bnt subject to any prior application. No costs allowed. Isaac Chapman, Thomas Tennant, and Robert Millson, (Trustees by assignment from Thomas Robinson) v. Richard John Seddon, a judgment creditor of Robinson’s, and who by virtue of a distress warrant had authorised the Bailiff to seize a half-share in Watson and party’s claim, and other property connected therewith, standing in Robinson’s name, bnt now claimed by the plaintiffs on interpleader summons. The evidence for the plaintiffs occupied the Court during the most of the day until 8 p.m., and without calling any witnesses for the defence the Court found “ that the Trustees never held the property under any Miner’s Eighfl,” and gave judgment for the execution creditor, with costs of Court, 4s; two witnesses, 20s; Counsel, 21s. Mr Guinness for claimants, and Mr Jones for the execution creditor. Mr Guinness having given notice of intention to appeal, it was ordered that the amount of costs and of the warrant, and all extra Bailiff’s expenses be paid into Court and there detained till the result of appeal is known or time of appeal passed, The interpleader summons, same Trustees v. L. J. Seddon was withdrawn after judgment in the preceding case. Costs to execution creditor. Counsel’s fee, 21s.
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Bibliographic details
Kumara Times, Issue 3107, 18 October 1886, Page 2
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532WARDEN’S COURT. Kumara Times, Issue 3107, 18 October 1886, Page 2
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