Warden's Court.

Mount Ida Chronicle, Volume III, Issue 183, 6 September 1872, Page 6

Warden's Court.

(Before H. W. Robinson, Esq., Warden). M'Auley and others v'.' O'Connell and others. This was a claim for £54 damages. Mr. Kowlafct for plaintiffs, Mr.' Bailey for defendants. 1 his claim arose from the falling in of a race, the property of defendants, which was. carried along the precipitous side of a hill, at the foot of which the plaintiffs had an extended claim. A large amount of earth- had slipped down on to and partially smothered complainants' claim; For the defence, it was contended that the mischief had been occasioned by the plaintiffs removing the support by washing away the ground below. The Warden viewed the* ground, and gave judgment for plaintiffs for £lO damages, with 225., costs >of Court,- 50s. expenses, and 635. professional costs. O'Connell and others v. J7 Mann and others. Claim for damages, £3O. This was a cross action arising out of the same circumstances as the previous case. Complaint withdrawn.

M'Auley,and others v. Duffy—Claim for £54 damages. Mr. Rowlafct for plaintiffs. By consent of both parties this case was heard before assessors, and it was agreed that the assessors, having had a view of the ground, should decide upon the view without, taking evidence. The case was exactly similar to that of M'Auley v. O Connell, with this difference only, that there was no water in Duffy's race at the time of the accident. The assessors found for the defendant. Subsequently an application was made for a re-hearing and, by "consent, the re-hearing was granted for September 25th.

Duffy y. Mann and others.—Claim for £llO damages, arising oufc of tlte same chain of. circumstances." Hearing ad--journed till September 25th. '

Edward; Mack v. Alex. M'Kay.—This was a complaint that the defendant had neglected to work an extended claim held by him, >for the period of two years or thereabouts. Judgment, that the interest of Alex. M'Eay in the claim in question be forfeited, and the certificate cancelled, so far as his interest is concerned^i

' Grants.—Eesidence area, Mr. S. Duffy ; extension of head race, M'Xay and others; water race, O Connell und Others. ■ ■ "

. Refused—Extended claim, E. Hack, This application was premature, tlie land, at. the time of'application, being Held By Alex. M'Kay. The land was by the judgment in the'case of Mack v. M'Kay, open for application,-, and: M'Kay was directed to pdst fresh notices. '