WARDEN'S COURT.

Mount Ida Chronicle, Volume V, Issue 301, 4 December 1874, Page 3

WARDEN'S COURT.

November 30. Before H. W, Sobinson, Esq., Warden.) 0. ¥. Roberts v. E. A. Withers.—This Was' an 'adjourned hearing. Evidence was taken for the plaintiff to prove the poor returns obtaifled from the ground, and the loss' on the, work, which was fairly established. The defence also was set up, that the defendant had purchased the lease for £2O from Mrs. Roberts, acting as agent for her husband. No payment was proved to have been made, and Mr. and Mrs. 'Roberts, being examinee!, denied the agency of Mrs. Roberts altogether. Mr, Withers gave evidenco that, fft" the two crushmgs of stone from the reef disputed, he got 8 J ounces of gold, and 14 ounces—the cost of extraction being, £lO5 for the first parcel, £tnd £l3l Bs. for the second. Twelve tons of stone, it appeared'from the engineer's evidence, produced the li "ounces; but the width of the quartz lode, it was proved, varied from twelve .and eighteen inches to six, even in some parts * running , out altogether. A covenant was also jut in between the Energetio Company, and,plaintiff, binding Roberts to transfer to them the lease. It was endeavored to be proved by Mr. Bailey, (for defendant) that this agreed transfer of the lease extinguished, Roberts' title, although, in point of fact, the , lease was not transferred. It. was further stated by Mr. Bailey that, to all intents and purposes, tho lease was abandonod-ufitil tlio 23ra, when a rumor vPas started that good gold was struck. The cost of obtaining the gold w'as alscSkirrged as a set-off.Mr. Rowrlatt shortly pointed, out the want of evidence as to any sale, or intended sale; quoted from, M 'Earlane's digest, that there could be no aet-off of costs * for unlawfully' taking; and stated that it was clear that Withers knew he had no right to the stone. ' ' The Warden, in giving judgment; ' complained that the case with irrelevant evidence. Jt was'quite unnecessary to' go into the question of whether the book quoted from as to. the cost of obtaining gold was made up for the , occasion >or not. Roberts' title Was clearly good: he was the holder of the lease., As to Mrs. Roberts' agency, it was evident,, he thought, that Withers wished to buy ' .*■ and also, he was willing to believe, that Mrs. Roberts wished to sell, if she had a right to. " Withoiit. following through plaintiffs colour, lations, ho might turn, to the direct and good • ■ evidence of tho workmen as to the quantities of stone actually This ap-. peared ttf-Mt* •••tyronty-aix\'dr •' twentyia'even' iotis.. . About four tons could ?be crushed- in .' sixteen hours. - The narrowing of the . reef would'check plaintiff's calculations; and this was shewn by the witness Wade. It is in evidence that the stone has not averaged more than 1 ounce to the ton. This is supgorted by Sutherland and Wade. The ourt is ili a matter of difficulty; yet, if assessors had been called, they would have had merely to jndgetheevidence. The oyster was Open, there is no judging the size of it, * nothing remains but the shell—not even the flavor. Damages then will be based upon the value of 27 ounces, at £3 155.; costs of Court, 365.; witnesses, 345.; professional fees, £5 55.; total, £llO. An arrangement was entered into that four months be allowed for removal of plant, if judgment satisfied.