WARDEN'S COURT. Dec. 14.

Mount Ida Chronicle, Volume VII, Issue 405, 21 December 1876, Page 3

WARDEN'S COURT. Dec. 14.

(Before H. W. Robinson, Esq., Warden.)

Extended Company, Registered, v. H. Anderson and Others.—Complaint—unlawful interference with head race. Mr. Rowlatt for complainants, Mr. Hertslet for defendants. In this case the defendants were holders of an extended claim, and the complainants' race passed through it. The complainants had also a dam and two other races in the same claim. In the grant of the claim to Anderson there had been an exception of the ground to which the Extended Company were entitled for their dam and head races. The particular race now in question was not held under any license ; for the dam and the other two races regular grants were held. The defendants, while admitting cutting the race, held that they were justified, because it was not lawfully held by the complainants. Mr. Eowlatt argued that a possessory right was sufficient, and cited the case of Guffie v. Grayson, in which that principle had been affirmed in this Court, and maintained in the District Court. The Warden held that a person even wrongfully in possession of any privilege should not be dispossessed except by process of law, but considered that a very small fine was enough to meet the justice of the case. Fined Is. with costs, and 10s. expenses of two witnesses, and £1 Is. professional fee.