CHARLESTON.

Westport Times, Volume V, Issue 789, 16 March 1871, Page 2

CHARLESTON.

WARDEN'S COURT. A case, to which some interest attached, eame before the Warden on Monday last. Payne and party were the complainants and Bloomfield and party the defendants. The action was brought to restrain the defendants from encroaching upon the complainants' registered machine site. Mr Shapter conducted the case for the complainants, and Mr Donne appeared as agent for the defendants. According to the evidence of the complainants, they held a registered machine site at Brandon Hill. The battery, tables, &c, were erected partly upon the reef%nd partly on loose soil. The defendants had taken up in their claim a portion of the complainants' site with their consent. It was alleged that the defendants, by their action in sluicing\away the ground, threatened to destroy the crushing plant, and the present action was to restrain them from working. The complainants stated that they were willing to allow the defendants to work, provided that they lodged a sum sufficient to compensate them for any damage that might bo caused, it being only under this condition that the defendants were originally permitted to take up the ground. The defendants contended that the complainants could have no objection unless they were desirous of working the ground, as the plant was not endangered by their working. His Worship, in deciding, said that he thought the case would be met by directing the surveyor to cut off such portion of the special site as he might think necessary for the protection of complainants' machinery, the defendants to have the balance. The entire costs of the ease would be divided.