WESTPORT WARDEN'S COURT.

Westport Times, Volume V, Issue 854, 26 August 1871, Page 2

WESTPORT WARDEN'S COURT.

Friday, August 25. Vinall v. Pickering: An action brought to obtain from the court a decree of dissolution. Mr Pitt appeared for the plaintiff and Mr Home defended. Counsel stated that the adjournment had not resulted in any nearer approach to a settlement. The defendant had offered to receive or take £7 10s, but the plaintiff refused to do either. Evidence was then taken, the plaintiff showing that the defendant had neglected to work the claim. Since January 14th he had been absent twenty-three weeks, for which he claimed half wages, at £2 per week—£46. He had been unable to work the ground to advantage owing to his absence. When cross-examined the plaintiff stated that the claim consisted of flood boxes and a dam. The tailings in the latter could be worked at all times with a small box, as there was always sufficient water. He admitted that there was due to the defendant £lB 13s under the partnership for gold and £8 Is for half cost of plaintiff's maintenance for 23 weeks at 7s per week. The defendant, in his evidence, stated that it was impossible for two men to be constantly employed to advantage in the claim. The boxes were self-feeding. His Worship stated that after carefully going through the whole circumstances he had decided to grant a decree for a dissolution, on the ground that the defendant might have absented himself from the claim oftener than was right under the circumstances, but he should make no special decree in favour of either party. Any claim that the plaintiff might have for the defendant's absenting himself was sufficiently met by the latter foregoing his claim to the gold and contributing his share of the cost of the plaintiff's maintenance. The order would be that the bailiff sell the claim and divide the net proceeds between the parties unless they came to some arrangement. i •

Davidson and party v. Tennent and party. This was an action to recover £4O, the amount of damage alleged to have been caused by reason of the defendants baving encroached upon the complainants' ground. Mr Home appeared for the complainants, and called evidence to prove the survey of the encroachment and the value of the ground. It was shown that five sets had been taken out, and the average value of the ground was proved at an ounce of gold per set of timber, or £l9. Additional labour had been entailed by the encroachment, the defendants having failed to secure the ground, and which was alleged to represent a woek's labour for five men, amounting to £2O. The value of the timber used in securing the ground was fixed at £l.

Tennent cross-examined the various witnesses and succeeded in eliciting that in March or April the complainants had held a block of ground about 20ft x 27ft in addition to the eight

men's ground comprised in the plan produced, the complainants being only eight in number. Davidson, livevi. dence, gave the following a 9 the returns of the claim for Beveral days, the amalgam being valued at 28s to 295. per oz:—August 19th, Boz lldwtj August 21st, 12oz lldwt; August 22nd, Boz lOdwt; August 23, soz Bdwts; August 24th, (3 hours' washing), 2ozs 6dwt.

For the defence, George "Weston who held a claim adjoining the two parties, stated that the complainants, at the end of March or beginning"of April, held a different claim to that represented on the plan. Their bounary to the sea was not then in a straight line; they then held about twenty feet in addition to that now shown. The evidence of Tennent, one of the defendants, wj>s that his party were prospecting, and for that purpose washed three sets of the ground belonging (as it turned out) to the complainants. The dirt was washed by itself, and returned not more than 5 ozs of amalgam "Witness had offered to Davidson and M'Ginroy to arrange the matter amicably. , He offered then, and was willing now, to abide by the result of a set of ground taken from anywhere near the encroachment. He had previously offered to them to strike into their (defendants') ground, and help themselves until they thought they were paid. As for the extra labour he was certain that he could find two men who would take the drive through all the dangerous portion in three days. Davidson recalled, staled that in fair ground three men would work out a set in a day. His Worship stated that he would reserve his decision until 11 a.m. the following day. Davidson and party v. "Watson and party was a similar action to the preceding one; the complainants claiming £2OO. The hearing of the case was adjourned until the following day.