WARDEN'S COURT.

Lake Wakatip Mail, Volume I, Issue 23, 18 July 1863, Page 3

WARDEN'S COURT.

(Before R. Beetham, Esq.) Wednesday, July 15. Brown and party v. Hawks and party.— No appearance; dismissed. M'Phee v. Moffatt and party.—Claim of holding more than the legal quantity of ground. No appearance of defendant. Donald M'Phee said that Moffatt's party consisted of seven men, who held 160 feet by 60, in one single claim. They took up the ground last Monday week, at which time complainant marked out his claim: it was not an amalgamated party—if it were, they should have posted a notice of such amalgamation for seven days previously, which was not done. Served the summons personally, at 9 o'clock in the morning. Judgment for plaintiff—defendants to reduce their claim to 120 feet by 60. James v. party in dispute.—Charge of jumping the claim of Uriah James. As the case was about to be commenced, a man named Andrew Nelson informed the Court that James himself had jumped the ground, which belonged to him. His Worship therefore first proceeded to try — Nelson v. James.—Plaintiff, sworn, said that about five weeks ago he pegged out a claim for himself and mate—two men's ground, 60 by 30, on a terrace. Worked about a fortnight before James disputed the pegs, which was the Ist July. Told him it was his, and showed him the pegs; but as fast as they were put in, James threw them out, and threatened him if his were moved. Had been working in the claim ever since. John Atkins, mate of plaintiff, said that he joined plaintiff about the first July, the time the dispute took place. Defendant and his mate came and put in pegs. Nelson went up and told them it was his ground, showing them his own pegs. They then took out their pegs, but when plaintiff came back from dinner they were in again. Nelson went up to them again, when they threatened to pitch him down and break his neck, and would serve witness the same. Had seen defendant on the ground, but he did not work, as they had another claim elsewhere. Heard there was another dispute about the ground, and so came in to see about it. Uriah James said he saw two of the plaintiffs pegs when he marked out his claim, and drove in his own alongside. Nelson did not point out his pegs at any time, but he saw them; and in the afternoon Nelson came up and disputed with him about the ground. He went to show defendant his other pegs, but there were none there, and defendant told him he would have to fetch the warden if he wanted the ground. His mate was with him when he marked out the claim. Thomas M'Millan, mate of defendant, said he marked out the claim about five weeks ago. It was sixty feet by thirty, on the bank, next plaintiff's claim. James was not with witness when the claim was pegged out. Saw two pegs there. Nelson never tried to show where any pegs might have been; and he would not go to the warden to settle the case till he heard that the other parties had joined together to jump the claim. Plaintiff, by the Court—l could never keep the pegs in at the claim towards Duncan's. At last I dug a hole with the pick, and put a large stone in, instead of a peg. His Worship said that there were several glaring discrepanies in the defendant's statement, and he should therefore give judgment for plaintiff. The case of James v. party in dispute, would therefore lapse.