WARDEN'S COURT.

Mount Ida Chronicle, Volume II, Issue 139, 27 October 1871, Page 5

WARDEN'S COURT.

Tuesday, Octobee 24th. (Before H. W. Robinson, Esq., Warden.) Shaw, Mornington, and Garth v. John Fanner.—This wis a complaint that the defendant had, by enlarging a certain dam of the Mount Ida Company on Surface Hill, of which he was the lessee, encroached upon the complainants' claim, and praying that, the sum of £5 damages might be awarded to enable them to confine the water of.the said clam within

its proper and legitimate limits. Mr Herts" let for the complainants. Mr Bowlalt, who appeared for the defence, submitted that the interest of two of the shareholders having been transferred to one George Martin, the legal estate vested in him, and he (George Martin) must be u consenting party to, anJ be joined in, the complaint.—The Warden snstained the point raised by Mr. Rowlatt, and adjournod the Court for an hour, in order that Mr. Martin might be produced.—Upon the resumption of the ease, Mr. Martin consented to have his name inserted in the complaint, in lieu of those of Garth arid Mornington, the Warden explaining the. effect that buch consent would have as against himself, should there be at any time any further proceedings.—The case was then continued, and the Warden and parties interested having visited the ground, the Warden delivered the following judgment: — He said, in effect, that he must hold that the case was fuliy made out. The evidence was, in his opinion, conclusive as to the fact of an encroachment. It was not to be supposed that after having applied for and obtained a grant of a dam as already constructed, could at will make the application cover land other j than that included in the draught description \ Ci already constructed," and which such dam was capable of covering with water. It had beWi also admitted by Farmer that in putting in his application the proper pegs and trenches had not beeu put. If the plaintiffs, as asserted, held too much land, there was another and a proper way of attacking their position without jumping their ground. As regarded damage, he would take the lowest estimate warranted by the evidence, £l. He wo dd himself visit the ground, and in order to pre> vent further litigation, would himself define an arbitrary line within which the defendant must coufiue the water of his dam

'The applications of .Michael O'Brien for a head -and tail race at Clark's Diggings were heard. Mr. Rowlatt for the applicant, Mr llertslet tor the objectors. After a lengthened hearing both applications were refuged.