WESTPORT WARDEN'S COURT.

Westport Times, Volume IV, Issue 655, 7 May 1870, Page 2

WESTPORT WARDEN'S COURT.

Fbiday, Mat 6. (Before J. Giles, Esq., Warden.) Williamson and others v. Lazehby and others.—The plaint was that defendants had encroached upon complainants' claim. The case had been adjourned for the production of certificate of registration by complainants. According to the evidence it appeared that defendants had desired to extend their claim, and put in pegs extending their boundaries. They then asked to see complainants' pegs, and M'Grillan, one of the party, in error showed a wrong peg, and it was subsequently shown by the surveyor's plan that M'Gillan had beyond all doubt mistaken the peg. The defendants acted upon the belief that complainants were bound by the act of M'Gillan. The Warden decided that complainants retain possesson of the ground contained in the area surveyed, being of opinion that defendants could not claim the benefit of any error of M'Gillan since the pegging out had been done previous to M'Gillan pointing out a peg. Had they pegged out afterwards he might have taken the fact into consideration with respect to the question of costs. No costs were allowed. George Dunn v. Wm. Beynon. The plaint was that defendant was in illegal possession of complainant's ground held under a miner's right; complainant also claimed damages. The question at issue was whether complainant had pegged out the ground and the weight of evidence being in the latter's favor, judgment was entered for him with costs. No damages allowed. A. number of applications for registration of tunnels &c were then disosed of.