WARDEN'S COURT.—Feb. 1.

Mount Ida Chronicle, Volume I, Issue 53, 4 February 1870, Page 3

WARDEN'S COURT.—Feb. 1.

(Before H; W. Robinson, Warden.) . Extended Water Race and Sluicing Company v. Harper and Others.—This was an action on complaint and sumtuoris brought to recover the sum of :r£sks for damage done to the claim and tail race of the plaintiffs in Main Gully by the breaking away of the works of the defendants on the 2nd January last, and praying that the defendants might: b:e ordered to cease interference. After

tKe assessors had been sworn, the Warden, in their company visited tlie ground, and inspected the damage done. Upon returning to the Court, it being nearly one o'clock, the Court adjourned" till two. At two o'clock the .Court again met when a further adjournment was masked for on,the ground that there existed a- probability of a satisfactory settlement being arrived at. The adjournment was granted ;by the' Warden, when the contending hay in c visited the ground and. returned to Court, it was notified to. the Warden that the case had been settled, and leave 0 was'.asked, to withdraw the case, which was immediately granted, the Warden expressing the pleasure -he felt at the satisfactory settlement of the, dispute. Mr. Hertslet appeared for the complainants, and Mr. Boss for the defendants. , ,'.■ • ..:■.:. J.um;-

ißefore -his ; Hoiior. Wilson" ..'Gray, ; Judge.) is the\, recorded judgment of his HonprM^l' I vyils6ns Q-ray-in ease Duffy y. Mathieson aud..Qthers :r— .. ; -- .. - . ...''

"That the judgment of the Warden and assessors be reversed, and the following judgment substituted, in lieu thereof: tr -,, •■■-.-.: : .-.'^....: '..).." '''■'] \

" That it be declared that the .defendant Mathieson. holds the lease of the land?in the complaint,, mentioned in trust; to permit,the same to be worked for the benefit of the complainant Michael Sylvester Duffy in partnership with the said Mathieson and hia co-de-fendants.

. " That the-said ■ complainant:is entitled to the said beneficial interest in the proportion of one half of the whole. , . •

'"That an account he: taken of the; said partnership from the date at which the said Mathieson .and his co-defen-dants acquired the interest in the land from- one Joseph Wickham ; the said Mathieson and his co-defendants to be allowM in the said-account for all work done and expenses incurred .in the working of the said land, sp. far as the same arebenefieial to, or at the'time of their being done or incurred might reasonably have been deemed to be beneficial to, the said partnership hereby declared to exist between the said complainant ; and- the said defendant. "That the balance appearing to be due on such account be paid, over" by the party : appearing to be indebted to the party appearing to be entitled to receive the same:

. either of the/'parties :• be en> titled'tb apply again to the: Court for directions as ; may be necessary to give effect to Vae right of the parties as hereindeclared. :•:

"Costs of appeal to be paid by respondents as follows of Court, £ lie 12s;; costs of witnesses, £l2 10s. ■''■■