WARDEN'S COURT.

Westport Times, Volume III, Issue 501, 8 May 1869, Page 2

WARDEN'S COURT.

In the Warden's Court yesterday (before Dr Giles) James Driver claimed to be admitted a shareholder in a claim held by Robert Tapley and party at Giles Terrace. James George Wilson appeared as the defendant. The evidence of the complainant was that, in February last, he was a shareholder in a claim held by Gidley and party. Ho got hurt by an accident which occurred at the claim, and had remained ill since. He left instructions with parties in the next claim to inform any parties who might come to take up the ground that he had not given up his interest. Gidley's party left the ground, and the defendants took it. Word was sent to him that they had done so, and he now claimed his share. One of the party had offered hiui £2O or £25 in consideration of his interest.

The Warden: What steps did you take to protect your interest ? The complainant: I thought that the accident would protect it. That has been the custom in Charleston and elsewhere, where I have" been at work. I have never been able to work siuce, and am cripple yet. The Warden : When did you go first hack to the ground ? The complainant: When I was told the defendants had taken the ground I rode up. The Warden: That was about three weeks ago ; yet during all that time you never came for protection. The complainant, in answer to questions by Wilson, said the party had sold the tools and everything belonging to them, but not with his permission. He called William Diamond and a witness whose name Was also James Driver, who simply proved that he had left instructions to be seut to him if the grouud was taken. They stated that other parties had visited the ground, but the defendants had struck the gold, and taken up the claim. The Warden said he could not call upon the defendants to answer the case. The evidence showed only that the complainant had got hurt, and left the claim, Vnd never took steps to have his interest--fsrotected. When a man was ill or injured he or his friends must adopt some course to protect his share. He should either have his share protected, or leave a man in his place. It was a hard thing that a man should lose his share because ho was injured, but there were certain rules to be attended to. In this case the ground was clearly abandoned, and there was no case against the defendants. He must dismiss the case.

The defendants asked for expenses of a witness, but afterwards withdrew the demand. The "Warden said he did not like to give costs in such a case, but as he knew the defendant had had an opinion on his case, and insisted upon bringing it on, be sbould allow them. It was as well, however, that the defendants did not press for costs. John and Andrew Harden sougbt a re-bearing of a case in which Thomas Chichester and party had been the complainants, and in wbicb they (the Haydens) bad been defendants. Mr Pitt appeared for Chichester and party. It was intimated (in the usual very abbreviated form of address) tbat the costs to be paid by the defendants amounted to £2 Bs, and must be paid before the case would be proceeded with.

The defendaut, John Hayden, left the Court to obtain the money, and in the interval another case was heard. On returning, the constable in attendance stated that the defendant had not been able to procure tbe money. Mr Pitt : We are prepared, your "Worship, and I ask that judgment be confirmed, with costs. The Warden: That must be the case .

The defendant: Will your Worship give me half-an-hour, and I'll be back with the money ?

The Warden: I cannot give you any further time. There is no other ease, and I cannot keep the Court waiting another half hour. This is a rehearing ordered at your application, and there is no reason why you should not come prepared. The former judgmen Iwill be confirmed with cests.

Mr Pitt applied for expenses for the original complainant, Chichester, and his three mates, at the rate of £5 each. They were all necessary to the case, and had come from the Upper Bullor. a distance of 48 miles, requiring two aml-a-lialf days* travel coming to town, and two and-a-half, days' travel returning. The Warden thought the costs reasonable, and allowed them. He also allowed three guineas as counsel's fee, but, on Mr Pitt representing the nature of the case, and the fact of five guineas having been paid to counsel by the parties, the fee allowed was increased to that amount.

The assessors appointed to hear the case were discharged.