WARDEN'S COURT.

Lake Wakatip Mail, Volume I, Issue 43, 26 September 1863, Page 4

WARDEN'S COURT.

Wednesday, September 23, 1863. (Before Lowther Broad, Esq., Warden.) WEBSTER Y. BYMONS. Mr. Shepherd (for Mr. Wilson) for the plaintiff ; and Mr. Campbell for defendant. This was a disputed right to the occupation of an allotment of land in the township of Queenstown. It appeared that the plaintiff had pegged out the allotment in dispute on Monday last, between the hours of 11 and 12 in the morning, and at a subsequent period of the same day the defendant had applied to the Warden to have the same allotment allocated t> him, which the Warden had done, sulject to the proviso that it had not been previously legally occupied. The nbove facts were proved in evidence. Mr. Shepherd applied that the Certificate of Registration granted to the defendant should be cancelled on the grounds that the plaintiff, Mr. Webster, held legal possession of the allotment, by reason of having pegged out same, and that under Rule 8, of Section 10, of the Goldfields Regulations, the plaintiff was allowed 24 hours to prepare for the erection of a building, or to obtain the registration of said allotment, and that at the time the defendant obtained the allocation of the allotment, the 24 hours allowed, by the said rule had net expired, and that it was also proved in evidence that previous to the application by the defendant for the allotment he had received notice through a Mr. M'Cann that it had been taken up by the plaintiff. The Warden in giving judgment, said that he had received a letter from the Superintendent instructing him to allocate land in the township of Qucenstown to parties applying for same, holding business licences, and that no one had a right to go upon the land without the previous consent of the Warden. Mr. Shepherd remarked that the inhabitants of Queenstown could only be" guided by the printed rules of the goldfields, and that they could not possibly be guided by unpublished and ungazetted letters addressed to the Resident Warden. The Warden gave judgment for the defendant.