WARDEN'S COURT.

Thames Star, Volume VIII, Issue 2874, 2 May 1878, Page 2

WARDEN'S COURT.

THIS DAY.

(Before W. Fraser, Esq;, Warden.) MOANATAIRIWATEB SUPPLY CO? V. J.

. MABTIN, 8. dOOMBE3 AND ANpTHEiJ. !. , The plaint set fbrih* that the -. complainants, being the owners of a license tor a water.iaceintheMoanatairidistrict, the defendants on various days up to the 23rd day of March last, pulled down and carried away the material of the. said iace ; wherefore the complainants claim that the Court assess the amount of damage sustained, and that the defendants sbe adjudged to pay to the complainants the amount so assessed, and that ice complainants may have: such other relief as the Court may deem fi^r :Y : i ,« ! Mr Macdonald appeared for the com-; plainants, and Mr Erassoy for the defendants. Mr Macdonald said that the defendants had paid money into Court —£1 Is and costs; £116s, but that would not satisfy the claim. It; also admitted the cause of action, and it* was now simply a question of damage. : In reply to His Worship, Mr Macdonid said thac a criminal charge had been laid against another party for alsa remdying a portion of the flame. His clients did not know who-the other party was, and had called Mr Bullen's services into requisition to. fin V who the offenders were; He might say that thejpresent defendants had been warned- not to. damage tfce flame; ';■;■■ .-\' .".;"''-:.' ; '::.'i ','■?« ' '.-.■■ -V'"--" : Henry Cafroh, sworn, deposed—l ; haye been in the employ of the, Moanatairi Water Supply, Company, for the last six years. It has not been used for 18 months. Defendant!! are tributers in?the Ajburnia. A portion of the flume passes the tunnel where they are working, and near the tunnel there are two .side shcats, one used for sending,down water, and the other for sending down timber. One of these has entirely vanished, and^ about 80 or IQO feet of the other. A portion of the main fir me has also been removed. I saw one of the defendants with relation to this matter, and he denied taking any of the main flume, but admitted removing portion of the side shoots. I don't know which of the defendants it was. r lex amincd the workings and found^ portions ~6^ the flume lying outside of the tunnel, • and insjide;:- I measured '610, •and ='seTfirH^ pw(^.;|insid^^^l»i|a;-:'I ..can* ■ swear-;' to? :Rs^co^ingKfrotn'^tSe.§raoeV}vjlt; would cost £7 to replace the 516 feet^putv, side their workings.: n- The - remainder would be worth about £h My original computation of the-whole damage is £28. A portion of the wood outside came from the main flume. My included., the cost of the labor._.'■", '..'/[ v ,1 . By Mr\Brassey-^I have;seen rip jpne removing the timber, and I was: informed of the defendants taking it by a man named Denyers. The company has demanded £15, giving them credit for the worthless pieces of timber. I did not go all over, the defendants'workings. I first missed the timber, 7 weeks -jago. The defendant who came to me admitted taking a portion of the flume.

Henry Denyers, sworn, deposed— I am a bushman. I know the defendants, who work a tribute in the Alburnia near the flume and side shoots. I saw spme of the defendants taking boards from the main flume. I warned them not to take it. I also saw them removing portions of the shoot.

By Mr Macdonald—l told.them that they could buy timber if they wished, but must riot take any from the flume. James Garvey deposed that none 6f the timber had been taken by the Old Whau tributers.'' ' ',' •'•-v:;;-'- :--■'■"'' "' ■ ■■.' ;.

Bamuel:Gribble, sworn, drposed—l aih mine manager for' the Alburnia mine. A portion of the mine is worked on tribute by ; the defendants. They are supposed to find the timber.

Mr Brassey addressed the Court and said that they admitted taking a portion of the flamhvr, but other persons had alsp removed portions of the flume. They admitted thst they had taken 39 feet of 12-inch boards from the side of the flume. They had shown the. Mining Inspector the timber they had taken. They were in a ppsitipH to stdt© that the defendants had "never sesn the man Delayers, and he |had never warned them. ;

Heary Goldsmith, Mining'; Inspector,' swpic, deposed—On the 25th of March^ last, I was at the Alburnia, and hearing that timber had been removed from the Moancvwri flume, I made enquiries* and wrs shown a shoot containing 175 feet of timber on the defendants' ground.' •It wa? worth about 35s^ The shoot was-. use;d for sending down.mullock,. and was made of decayrd timbar. . A piece of the wood (produf-d) is a "portion of that in the'-shooti;-:';r-!:-;::'; : ■';'"- "..'"; ':':';■'■".'

Scmuel Gribble, re-called, deposed— I have heard the ey'derice of Captiiin Goldsmith. He gives a correct statement of the state and size of the shoot; It would take two men a day to replace it They could do it comfortably in that time. r I cannot estimate the w;hele damage, and do not know who removed the other shoot. ■ ■ ' ■ ■ '-" '.-■ .';-: V ■;■:•' .■ .■; :.-■: :;.;

John Martin, sworn, deposed—l am one of the defendants. We removed one: of the branch shoots of the flume to vie: as a mullock shoot. ; It was ,on;.th« Alburnia ground. I did not. know that there was any other shoot. The shoot we removed is quite worthless. I- have never seen Denyers before to-day. "He has never, warned us. We took one plank from the main flume, but that is all. The rails in our tramway are made of 2 by 3 and 4. by 4 timber, and there is none, of that description in the race. We never took anything like 5C3 feet. - , Josiah Coombes, sworn, deposed—rl; am one of the defendants. We t00k.39 feet of the shoot, which we believed belonged to the. Alburnia company. We took a board from the main flume. We have not more than £5 worth of timber in our workings altogether; .

— Ellis, sworn, gave corroborative evidence. , ;

Mr Brassey addressed the Court. Mr,Meedonald replied. cifj .; „., . Judgment for the plaintiff, £15, and £6 costs.