WARDEN'S COURT.

Mount Ida Chronicle, Volume VI, Issue 345, 15 October 1875, Page 2

WARDEN'S COURT.

Fbiday, Octobfr 8. (Before HvW. Rpbinson, Esq., Warden ) Arthur Simpson v. Extended Water : Race and Sluicing Company, registered.—Mr. Hertslet for complainant, Mr. Bowlatt for defendants. The complaint 'in tliis case was that the defendants, being the holders of two tail races in Main Gully* had neglected to use the same for a period exceeding one calendar month without lawful excuse, contrary to the Goldfields Rules and Regulations, the prayer being • that the same might be declared forfeited, or such other order made as to the Court might seem just and equitable. Mr. Rowlatfc took exception to the wording of the complaint, as not being sufficiently explicit, and contended that the calendar month referred to should have been specified, otherwise his clients Would not know what they had to answer. Mr. Hertslet said that the wording of the complaint .was, exactly that of a complaint of a similar nature which had been slated by Mr. Rowlatt himself a short time since, and upon which the case had been heard, and a forfeiture decreed. Though in his complaint he had.mentioned a period exceeding' one calendar month as the term of disuse,' it was his intention to prove that the races in question, had not been used since they had come into the hands of defendants, now some five years since. Mr. Rowlatt still objecting on the score of vagueness, ihe Warden said hewould allow the complaint to he amended, done—the case Being adjourned to the 15th, complainant to pay the cost of adjournment, and £2 2s. professional costs.