WARDEN'S COURT.

Mount Ida Chronicle, Volume VIII, Issue 436, 23 August 1877, Page 3

WARDEN'S COURT.

August 17. (Before H. W. Robinson, Esq., Warden. Brookes and party v. Green. ■ — This was a complaint that the defendant did, upon the 4th day of August, 1877, unlawfully interfere with and encroach upon a certain tail race property of complainants, by driving a tunnel through the ground held by complainants in construction of said tail raer\ wirhout the sanction of the complainants, or the authority of the Warden, and praying that the defendant be adjudged to pay a penalty, and be restrained by the Court from further interference. For the defence a general denial was pleaded, and, as the interference complained of was.- alleged to be within the area set apart as a protective bank to the sludge channel, and as permission to construct the tunnel had been given to the defendant by the Engineer and Manager of the works, an adjournment was asked fdr and granted to the 22nd, in order to obtain the attendance of those officers.

August 22. Upon the re-opening of this case, Mr. Eowlatt, who appeared in support of the complaint, made a request that the "Warden should visit the grounc. The Wardeu, together with the parties to the suit and the Engineer and Manager, visited and inspected the locality of the interference complained of, and, upon return to Court, an offer was made by complainant to purchase all the right, title, and interest of defendant to the tunnel constructed by him, and also to the lower portions of his tail race for the sum of £25. The offer being accepted, the case was, with the consent, of the Court, wi Lhdi'awn, each party to pay his own costs.