WARDEN'S COURT, KUMARA.

Grey River Argus, 25 November 1910, Page 8

WARDEN'S COURT, KUMARA.

(Our Correspondent)

(Before Mr Warden HewVi}. The. following- applications vere dealt with: — T. V. Byrne, surrender residence site. Withdrawn. G. Lawrence, branch water race, Three Mile, Greenstone (Mr Byrne). Granted. W. Evendon and 1 J. A'Court, protection extended claim, Quinn's Terrace, Westbrook (Mr Murdoch). Granted. D. H. Roberts, surrender absolute, three timber areas (Mr Mutdoch). Adjourned to December 17th. Murchie and Benyon, deviation of water race; (Mr Murdoch). Adjourned till December 17th. Same, tail race (Mr Murdoch). Granted. W/J. Mcllroy, surrender extended claim, Greenstone Creefc (Mr Murdoch). Accepted. Same, extended dredging- claim, Blackwater Creek ' {Mr Murdoch). Granted. Dong- Loy and others^ surrender of license for dam, Quinn's Teuace (Mr Murdoch). Granted. Same, application for dam, same loaclity (Mr Murdoch). Granted. Same, extended claim, Quinn's Terrace (Mr Murdoch). Granted. Suits for cancellation of residence site, Beach Roa<i» Kumara Junction, John Evans v. John Duckworth. Mr Byrne appeared for plaintiff and Mr Beare for defendant. In opening- his case Mr Byrne stated that the residence site was granted in 1891 and had never been built on or fenced, and none of the conditions of the grant had been* complied with. He would call evidence to prove 'that there were three residence sites, one belonging- to John Duckworth, one to William Duckworth, and the other to Premier Seddon Rothwell, who al the time he came into possession was only 14 years of age. . John Butcher, sworn, said : I am a sawmiller residing* at the Kumara Junction. I have resided there for. 12 years and I know the site belonging, to John Duckworth. He is not residjngf on it, and the site is not fer.bed. There is a fence round the three site's which are used for grazing purposes. -I have tried to get a title tor a residence site, but there is no ground : suitable available. ,To the Beare : I knoAV the 'sites. One fence surrounds the three of them. There are no dividing fences. To Mr Byrne : I pass the sites two or three times a week. There are stumps and logs on them, but -no buildings. . John Evans sworn, said : lam plaintiff in this ] suit and a sawmill hand resding at the Kumara junction, and have done so for the past five years. No person has resided on the 'site held by the defendant during that period. I want the site to build and reside on as I intend to get married shortly. ' I live at present opposite tbe site held by John Duckworth whicb is used for grazing cows on.

To Mr Beare: The bush ha* been felled, but not. cleared. It is a surprise to me -to hear that 15 0 has been laid out in clearing the ground I have had no quarrel with either Mj or Mrs Duckworth.

John Ellery said: I am a bushman and married, residing at the Kumara Junction, and have .resided next to the sections for ten years. The defendant does not, or never did, reside on the section he holds. ' He resides on the Christchurch- road, and when at the Junction he resides at the hotel. I 'am the plaintiff in one of the suits and if successful will at once erect a cottage pn it and xeside on it. I have known the section for about 20 years and no person, has ever resided on v.

This concluded : the plaintiff's- cast? and Mr Beare then called,

John Duckworth who .stated he was the owner of the site in question. 1 have spent about £100 in clearing it. I was told that if I fenced in a portion of the railway reserve with my section I could hold it as' it would be as good as freehold. If I had known,it vyas compulsory to reside on it, J would have built on it and don e 50... Mr Bear said this concluded his case/and asked the warden to vnew^ the ground and inflict a fine in lieu or -forfeiture. . _ The Warden said he was satisfied that the conditions of the license had not been complied with and that the sites had not been used for the pur-pose-for which they had been granted, and declared, the site forfeited with costs 18s and counsel's fee £2 2s. John Ellery v. William Duckworth. Mr Murdoch appeared for plaintiff and Mr Beare for defendant. \ John Ellery said he had known the section for 12 years; I require 'theland to build on, .and if I get it will do so at once and' reside oh it. Mr' Beare- said he did not intend .to call evidence which would be practically the same as , that in the previous suit. : .•.•':.' .

the Court, cancelled the license with costs, solicitor's fee £2 2s, one witness" 10s and court costs £1 Is 6d y George Marsh v. Premier Seddon Rothwell: •--.■■"'■:. V Mr Sargent appeared for plaintiff and Mr Bear c for defendant who offered .no defence. The lease was forfeited with costs 14s, one witness 10s, jind counsel's fee 2s. " . ; The Court then adjourned. :