WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 243, 26 September 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Before Mr. Warden Pyke.) Wednesday, Septembfr 18.

Casey dt Others v. Hie Gabriels Reef Quartz Mining Co., Registered — Hoi-ace Lyne Squires, Manager. — This was an action to recover damages for a water race alleged to be interfered with by the operations of defendants. After the arguments, the complaint was amended by striking out the manager's name. The plaintiffs admitted on cross-examina-tion that the race had been cut off by the road from Wetheratones to Gabriels several years ago, that it had never been used at any lower point than Mr. Bale's house, that it was also cut off at Caledonian Gully, about the same time, and h»d never since been reconstructed. Would not swear that any portion, 50 yards long, from Gabriels road down to the site of th 9 alleged interference by defendant was capable of carrying a head of water, and in parts it had been totally effaced. They also admitted that they had been compensated for the portion cut off by the road. It was contended for defendants tKat there -w.is tmeqaivocal ftvijlenfte of abanaon-nent ; aua Mr. Mouat, who appeared for defendants, was proceeding to cite authority in favor of that view, when he was stopped by the Warden saying that sneh a line of argument was untenable, as there could be no such thin.* as abandonment under tho Gold Fields Regulations. Mr. Mouat then said it was useless for him to proceed, and declined to offer any evidence for defendants. The Warden then addressed the jury, and they retired to consider the verdict, when, after an hour and a half's deliberation, they came to the conclusion that the plaintiffs were entitled to L 4 damages. Judgment accordingly for L 4 ; costs of court, 13s. ; costs of jury, L 3 43. ; and 21a. professional fee. Mr. Copland for plaiutiffj ; Mr. Mouafr for defendants.