WARDEN’S COURT.—Yesterday

Thames Guardian and Mining Record, Volume I, Issue 28, 8 November 1871, Page 3

WARDEN’S COURT.— Yesterday

Before W. Fraser, Esq., Warden. Greenway v. Grove. —Mr Tyler for complainant ; Mr Dodd for defendant. 111 this case, the complainant charged the defendant with encroaching upon a waterrace belonging to the former, on the Ilapc Creek, and with removing a portion of the flaming, in consequence of which the complainant now socks damages, and prays that defendant be restrained from further encroachment. The case was similar to that tried last Thursday— Green way v. Vernon.—Christopher Grccnwav deposed to obtaining from Mr Warden Baillie, in 18G8, a certificate granting him a water-race on the Ilape Creek, of which he has been in possession from that time until now.—Mr Macdonald objected to the production of this document as that of Allan Baillie as a Warden of the Court.The Warden said it had always been the habit of this Comt to recognise the signatures of previous Wardens, and overruled the objection. —Mr Macdonald requested that a note might be made of the objection. It was an important point, as it was open to doubt whether at Phis time (18G8) Mr Baillie and Mr Mackay were Wardens. —The Warden said, in his opinion, they were wardens. —The witness went on to say that it having become necessary to repair the water-race, lie gave instructions for it to be repaired. On the 21st instant, lie found that a portion of it> which passes through ground claimed by Mr Grove, had been cut away, and the timbers were lying alongside Mr Grove’s house. Never authorised him nor anybody else to remove the timber. The effect of this has been that the water has been prevented from reaching the battery, which has been stopped in consequence, and witness has lost the rent (£2 10s per week) and lias sustained other damage, of which other witnesses will speak.—Cross-examined by Mr Macdonald : The new flume is a little larger than the old one. The machine site covers about one acre. I pay £8 per year rent to Rapana for it. James Mackay, jun., deposed : I was formerly Civil Commissioner of New Zealand, and and also Warden of the Goldfield. I acted as Warden from August, 18G7. I know the natural features of this district pretty accurately, and the boundaries. I know the water-race in question. It is within the external boundaries comprised in the Proclamation produced. (Auckland Proclamation Validation Act, 18G9.) The signature to the certificate produced is Mr Baillie’s. He was a Warden of the the Goldfield in March, 18G8. (Witness also identified his own signature, and that of Lowther Broad, another Warden. Could not swear to Mr Davy’s signature, not being sufficiently acquainted with it, nor to Captain Fr t r.er’s.)—Cross-examined by Mr Macdonald; The boundaries I have sworn to are the external boundaries of the district proclaimed as a goldfield. I had a good deal to do with the opening up of the field. I acted in several capacities, as a Commissioner under the Governor and as a Warden under the Goldfields Acts. The native agreements arc signed by me. The proclamation contains exemptions from guldmining for townships. Mr. Grove’s land is in thc-town-ship of Shorthand. The limits of the township were not finally arranged in November, 18G7. The arrangements were not completed until 9th March, 18G8. The map produced shows the land in question to be situated within the township. The lines were cut on the ground in May, 18G8. —Daniel Grove, the defendant, deposed : I know the water-race in question. Remember Saturday, the 21st inst. On that day I moved a portion of the flumiDg,

which was on my land.—Charles Bicheno stated that he and another entered into a contract with Mr. Greenway (through Mr. Cameron) to repair the water-race. A portion of it passes through land claimed by Mr. Grove. On the 21st, at 5 pan., 54 feet of the new race was completed on Mr. Grove’s land. On next going on to the ground found that the whole of it had been removed. Saw tho timber lying at Mr. Grove’s house. It’s value, including labour, was £5 or £G.— Mr. Grove was re-called, and, in answer to Mr. Macdonald, said: I did not interfere with any portion of the limning except that which passed through my land. I rent the land from Rapana, who holds it under Crown grant. The flume passes right through it. Considerable damage has been done to tho land by leakage from tho flume.—The complamt and judgment, &d., in tho case of Greenway v. Vernon were put in evidence ; also,Crown grmit to Rapana, Goldfields Regulations, &c. —The Warden said his judgment would be similar to that given in tho case of Greenway v. Vernon, —That defendant pay £5 damages, and desist from further encroachment, and pay costs of tho suit, £l3 3s.—lt was intimated that there would be an appeal to the Supreme Court, and the Warden said he hoped there would. Alfred Walker v. J. It. Hunter and Co.—This was an action by the liquidator of the Evening Star against the defendants for encroachment, and was adjourned for a fortnight by consent. The Court then adjourned until next Tuesday week.