WARDEN’S COURT.—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 42, 24 November 1871, Page 3

WARDEN’S COURT.— Yesterday.

(Before W. Fraser, Esq., Warden.) Tyler v. Girdwood. —The plaint in this case set forth that the defendant is the registered owner of a machine site on the Waiotahi Creek, which he has not occupied for one month prior to the lodging of this complaint, although sufficient water has been available during the period wherefore complainant seeks to be placed in possession of the said machine site. — There was no defence, and complainant having proved his case, judgment was given in accordance with the prayer of the petition. Johnson v. Maslin. —Mr. Tyler for complainant, Mr. Macdonald for defendant. This was a complaint by Robert Johnston, of Grahamstown, miner, against George Frederick Masfin and Henry Bond, of Shorthand, charging the defendants with encroachment upon a claim known as the John Bull No. 2, Hape Creek, and praying that they be restrained from further encroachment, and that complainant may have such other relief as the nature of the case may require.—William Johnson, father of the complainant, produced his son’s miners right, and deposed to giving instructions to one Robert Warren to peg out the ground for the complainant, and saw him do so. This was done on the 3rd November. The claim was called the John Bull No. 2. Never saw the defe idants on the claim until the 6th Nov., when they came up and commenced to stop the trucks, by throwing soil from the George Stephenson claim. They continued to do so afterwards, and then witness took proceedings. — By Mr Macdonald: The claim was taken out in my son’s name, as he had a miner’s right to spare, and I had not. He gave me authority to take up the claim the day prior to its being taken up. I am manager of the George Stephenson claim. The mouth of the tunnel on the John Bull claim was on a piece of spare ground, which was not taken up at the time, because the money was not forthcoming. My son is 20 years of age. [lt was here suggested that the plaint should be amonded by the addition of the father's name, as next friend of the son, which was agreed to.] This ground is intended to be amalgamated with the George Stephenson. The reason for pegging out on the 3rd November was because somebody else might be lookiug after it. Did not know that the defendants or anybody else had taken it up prior to the 3rd November. The defendants came on to the ground on the 6Hi. Did not see them peg out then. Don’t remember having any conversation with a man of the name of South about this matter.—By Mr Tyler: Never saw any work done on the John Bull ground prior to the 7th by anybody in connection with the George Stevenson claim. Frederick Burgess, clerk in Registrar’s Office, produced the register of the John Bull- claim, from which it appears that the claim is one man’s ground, registered in the name of Robert Johnson. A claim called the “Brunell” was registered by defendant on the 6th November. James Warren, miner, deposed that on the 3rd November he pegged out a man’s ground on the Hape for Robert Johnston, at his father’s request. This was about 8 o’clock in the morning. A man named Blondell, from the Black Forest claim, was passing by at the time. Was unaware that anybody else had marked it out.—William Bloudell deposed to hearing Bond and Maslin say they were going to take up this ground about the 6th November. Saw Warren pegging out on the 3rd November, and spoke to him. —Mr Macdonald said the substantial defenceinthecasc was, that whether ornotthe complainant pegged out this ground on -the .3rd November, it was pegged out by flie -defendants on the Ist November.— George Frederick Maslin deposed to pegging out the ground in question about 8 o’clock on the morning of the Ist Nov. Took it up for himself and George Bond, and registered it. George Mason, a miner -in the Black Forest claim, was present at the time of pegging out.—George Mason, deposed to last witness showing him a corner peg on the ground in question about 3 weeks ago. Did not sec him in the act of pegging out.—Henry Bond deposed to first going on to this ground about 18 days ago in company with Mas3in, who had given him a share in the concern. The ground was not then pegged out. The learned Counsel having addressed the Court, the Warden gave judgment for the plaintiff with costs. Adel Rowe v. R. B. Ferguson.— J. Collins and Others v. J. Waring and Others. —These ‘ cases were postponed until next Court day. The Court then adjourned until Tuesday next, at 11 a.m.