WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 226, 30 May 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Before Vincent Pjke, Esq., Warden.) Wednesday, 29th May. Casey v. Morrison and party. — This was a complaint that the defendants, by depositing tailings in the bed of Gabriels Gully, had deprived the plaintiff of the fall necessary for effectually using a tail race owned jointly by himself and one Reuben Hill. Mr. Copland for plaintiff; Mr Mouat for defendants. Pleas, the non- joinder of Hill as coplaintiff ; that the defendants were not 'before the Court, only , Morrison having been summoned, and the others not described by name or summoned ; judgment recovered ; and not guilty. Mr. Mouat asked judgment on the first ground, and cited Addison on Torts, p. 925. Mr. Copland contended that the Warden could amend, and called Hill, and asked hi'n whether he would consent to join. To this Hill replied "that he w.oull rather be a witness." Whereupon Mr. Copland accepted a non-suit, the Warden remarking that Hill could not be permit ed^o fight behind another man's back, who was probably not in a position to answer ihs defendants in costs. Weeks and others v. Hall. — In this case the complainants alleged that the defendant had run water and tailings upon their chum. The plaintiff, Weeks, conducted his own case/ Mr. Mouat, for defendant, pleaded not guilty. Weeks then gave evidence, and produced a certificate for grant of plaintiffs' claim, and it then appeared that the claim was granted subject to a servitude to the defendants to discharge water and tailings, in -terms of the proviso in section 2, regulation 26. Plaintiff was therefore non-suited.