WARDEN'S COURT, ROXBURGH.

Tuapeka Times, Volume VI, Issue 291, 28 August 1873, Page 5

WARDEN'S COURT, ROXBURGH.

Thursday, 21st August. Before J. B. Borton, Eaq., Warden.) Kitto v. M'Carthy. — This was v case for damages sustained to a race owned oy Kitto. The bill of particulars was as follows : — To 11 days cleaning out of race, L 5 10s. ; estimated damage done to race, L3O ; to 9 days loss of time through the appeal of M'Carthy, L 4 IO3.; to summons and hearing in tho Warden's Court first time, for which judgment was given ? Us. Mr. Savage appeared for plaintiff ; Mr. A. Neville for defendant. Mr. Neville, on the oas»o being called, stated that he did not wish to press for a non-suit, and would have the case tried on its merits, on condition that the last two items of the bill of particulars were withdrawn. This being done, Mr. Savage opened the case by calling William Kitto, who deposed that defendant had ploughed up his race, and he considered he had sustained the damage sued for. Ho occupied 11 days cleaning out the race before defendant ploughed it up. Thomas M'Cullough, miner, said he knew the ground well. M'Carthy had ploughed up the race. He considered it put Kitto to a bit of expense. The race had been ploughed since Kitto cleaned it out. About 30 chains had been ploughed up. Another witness gave similar evidence. M. M'Carthy deposed that he owned the ground the race went through. He ploughed it up 12 months ago. No water had been running in it for 15 or 18 months. H9 considered he did a benefit to the race by ploughing it, as it would make it easier to clean out. Kitty only worked 6 days cleaning the race, which had never been touched since then. No water could pass through, the race till cleaned out all along to Bell Hill, as it is ploughed up by others. David Anderson, miner, who had visited the ground, said he did not see any damage done to the race but in one place, and that very slight. Ho considered if the race was not worked for 11 months that ploughing it would facilitate tho cleaning out of it. He could clean out all -tJxr-ongli. JVX'Osxcfcll.y's paddock in. two days. Other witiesses were called, "whose evidence corroborated the foregoing. Mr. Warden Borton gave judgment as follows : — He said, as two of the items had been withdrawn, he had only two to deal with, namely, the days cleaning the race, for which L 5 10s. was charged, and the estimated damage done to the race L3O. For the first item he would allow £2 ; and in the second — viz., damage done — he would allow the plaintiff L3 — in all a judgment for L 5, and 11s. costs of Court; no witnesses' expenses to be allowed.