WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume VI, Issue 304, 15 November 1873, Page 3

WARDEN'S COURT, LAWRENCE.

(Before E. H. Carew, Esq.. "Warden.) Wkdnebday, 12th November. Taylor v. Morrison <fc Co. awl Clayton <fe Co. — Mr. Copland for plaintiff ; and Mr. M'Coy for defendant. This ease was resnmed. John Prossly, Bcedsman, gave evidence or to the alleged damage done to the fruit trees belonging to the plaintiff's residence area. He gave evidence from his own actual observation. ' On the 22nd October, there was no recognisable damage done. There was a little water inside tho garden, approaching, the roots of one or two trees. This water had accumulated in a hole at the lower portion of the ground. There was no water on the surface of the residence area. He estimates the whole value of the garden at £16. It would cost £46 to make a similar garden. Other witnesses wero called, who corroborated previous evidence. Francis Nichol, one of the defendant*, deposed that his party had compensated Bloxham for damages to his area. Tho road referred to was inside the main tailrace. His chum and the Perseverance are not working in concert. There are no shareholders in the other companies' claims who get dividend* from Morrison's company. Tho chum could not be worked at a reasonable expense were the tailings got rid of in any way different to that adopted at present ; but, at a future time, tho adoption of any ottier method would necessitate tho stoppage of the works, and throw nine men out of [work. Have had some experience as to paying damages for residence areas. Cross-examined. — Not more tlian 6 months ago, there was a road up to plaintiff's house. An injunction was placed on Morrison & Co.'s claim at the instance of Clayton & Co. During the time of that injunction, there was a bank built for the confinement of the tailings. The bank was carried as high as it could be carried with safety. The plaintiff, Mrs. A. Taylor, was re-called, and stated that she was a partner in a gold mine with M'Nab. the tailings of whose claim went down Gabriels Gully. His Worship said that he would inspect the ground this day at 3 o'clock, and the result of his inspection would bo added to the evidence already taken. His Worship" reserved judgment until after his inspection of the ground. Tho Court then adjourned till Wednesday next. Application for Agricultural Lease?. — Wm. Evans applied for an agricultural lease of section 35, block V., Tuapeka East. This application was objected to by the Clarks. Flat Scool Committee. The decision in regard to this application was adjourned to give time {or survey, the same to exclude ten acres for school reserve and auriferous ground in gully, Wm, Simpson and Hugh Rom applied, re•MCtirely, for agricultural leases, the land in the former case being section 6, of block Till., Hill End, and in the latter application the land it ntuate at section 60, block IV., Tuapeka East. These applications were «djoanifd, Th» C#urt the adjourned.