THE KAWAU CASE, Whitakeh & Heale v Taylor.

New Zealander, Volume 6, Issue 469, 12 October 1850, Page 2

THE KAWAU CASE, Whitakeh & Heale v Taylor.

It will lie in the recollection of our reader* that tba above cat', which whs to ha»e been tried at the last nt.in^ of the Su ireme C urt in September, wag referred to atbitiacion. The parties to this suit «re holdw of land at fhe Kjwau u. der grants fr m the Crown. The Plaintiffs' land "n below high water mark. The Defendant's gran' conveys the whole u\mi\ of Kawau— both puries urn cunyin^ on mining ope* attaint on their respective properties close to each other. The real question at i»KUe, and th« point on which the whole case turned, trai th pnrticulur «p»ce at which high wuter mark xhomd be fixed— Mr. Taylor asierting il<at the point to which ihe tiiie lately hai been flowing w»t the true and original high wa f er mark— Meisr» Whituker ft Heale con ending that the preiuut high water line is not the original a>id correct one, that it has been removed further seaward, and their property consequently encroached upon by the earth and rubbish ih.owu from the island by the def<ndaut Mr. Taylor. The arbitrator*, Messrs. Mason aud McLachlan have been for the last fortnight at the Kawau. receiving evidence which was very v luminous aud contra, dictory. We arc informed that the coiicluiiou to which they h<tie come after hearing the evidence, and after the removal of the earth, &c, that the wai.er mi-ht flow to its original boundary, n that the correct high water line ts between the lines con 'ended for as correct by each party. The amount of dimnge* hag not yet been fixed against Mr. Taylor for ore removed by him from outside the line drawn by the aibit'ators: