WARDEN'S COURT.

Thames Star, Volume XV, Issue 4745, 22 March 1884, Page 2

WARDEN'S COURT.

THIS DAY. (Before H. "Kenrick, Esq., Warden.) W. aiBB V. UNION "SASH AND DOOB COMPANY. Tnis"'was"an application f6r"a' residence site' at Hikutaia, where the wtiare mentioned in yesterday's case was recently destroyed. Messrs Lush and Hesketh appeared for the plaintiff, and Mr Miller' for the defendants. Mr Miller contended -.that -the'application ■ could not be granted, because the site was on' the company's ground, which was granted' before the Goldftslda' Regulations were made, and' was already in the -occupation of the defendants, and because the site was not required for any purpose; connected with mining. W. G-ibb deposed that he'was a bushman ; obtained a miner's right on 3rd inst. in order to enable him to make the application. It was solely to enable him to-carry out bis timber cutting contract with .Mr Blair that he applied for the site. • J. Boss, one of the.pushf managers for 1 the I company, knew the'site in" ''dispute; it is on, the land held byftfie company^; Mr Heakafch addreised tie Court on behalf of the plaintiff, arguing that'the Warden having sold the tfe'e'it,* it was quite within his pro-, itince to grant*th«'jpaitdence site. " ■ . " '*'" ' His Worship upb»ld~Mr H*«ketk?ii contention, holding that anyone residing on a gold* field should take out a license for* a site. In the absence of the lease, he must assume from the evidence that it was merely a timber cutting one, and gave the company no right to the surface. As there had been' nothing shown against tho application he must therefore grant it, with coats, £3 12s. The Court then rose.