WARDEN'S COURT.

Thames Star, Volume XI, Issue 3565, 31 May 1880, Page 2

WARDEN'S COURT.

THIS DAY.

(Before H. Kenrick, Esq., Warden.)

GBEENVILLE V. BEAD.

In this case Mr Brassey appeared for the plaintiff, and Mr Miller for the defence.

Mr Miller said he intended to raise the question as to the jurisdiction of the Warden's Court on questions inrolring simple trespass. The Court had jurisdiction only orer land held under a Miners' Bight. He did not think the Court could award damages for any injury sustained by the plaintiff through a trespass on his land, as it was not held for gold mining purposes. Mr Brassey said that it was at the request of Mr Miller that the case was brought up in the Warden's Court. Mr Milier denied this statement, and said that it was at the request of the court that the change had taken place. Mr Brassey said it was a shuffling way of getting out of the matter. He referred to the act of 1866, in support of the power of the Court in these cases.

Mr Brassey then proceeded with his case. He requested the Court to adjourn to the creek and view the land before taking more evidence.

The Court decided to grant the application, and proceeded to the Hape Creek. On resuming at 2 o'clock, the Warden said that from the inspection he was convinced that the race was larger and followed a different course to the original one. He might say if the land was Crown land lie would hare no jurisdiction. After some discussion between the bench and the bar, Mr Miller admitted jurisdiadiction.

His Worship asked if the race was altered to its original size would it benefit plaintiff. Mr Brassey said that there was considerable leakage from the race and more ground taken up. . The taking of evidence was then pro« ceeded with, witnesses being ordered out of Court.

John Sprague, sworn, deposed—l know the two races—Ghreenway's and Adam's race, and the present one. The latter was erected by me, and is my property, though held by Mr Bead. The original race was higher than the present one; it took the water from a higher point. The trestles of the old race had a spread of six feet six. The spread of the trestles now is only four feet six inches. To follow the course of the origiual race plaintiff's land would hare been more injured than it is now. The width of the race is three feet in the clear. I erected the race in consequence of Greenville's complaint about the old one. W. J. Adams, sworn, deposed—l

assisted to take down the old race. It was higher than the present and occupied more ground, the spread of the trestles being seven feet in width. The width of the present trestles is four feet. The old race brought water to the tables, but the present one also brings water for motive power. The old race had fewer trestles than the present one, but it also had braces. The head of the race was altered to catch the water from Greenville's tail race.

William Vercoe gave corroborative evidence.

His Worship said the matter as to whether Sprague was in lawful possession of the race be would adjourn until 1) o'clock on Wednesday morning. Although only one sluice head of water had been originally allowed Greenville, and rent only for this had been paid, he wai not clear that he has or could not move if he applied for it. His Miner's Eight gave him a right to construct the race.

Court adjourned