WARDEN'S COURT—Yesterday.

Thames Advertiser, Volume XVI, Issue 5181, 30 May 1885, Page 3

WARDEN'S COURT—Yesterday.

(Before H. Kksrick, Esq,, Warden), Shine v. Union Sash and Door Co —: This was an application for a residence site at Tairua. —Mr Lush appeared for plaintiff, and Mr Miller for defendants,— A copy of a lease was produced, which granted to JR. and E, Seccombo tho exclusive right to cut and remove timber from the block known as tho Tairua Block, and covenanting them quiet possession of tho same,—David Murdoch,;secretary for the' company, deposed that he knew the block; of 36,000 acres known as the Tairua Block. The company wore tho lessees of the whole of that block, and claimed tho exclusive use of the surface, A stip of flat land ran along the bank of the river, which, the company used for grazing cattle and horses, a part of which the application referred to. Tho granting o£ this site would interfere with the use of this land. The site lies between the bush in which, the company were cutting timber and the mill. The company claimed the exclusive right to put a road or tramway over this site, but the land was not used by the company except as grazing ground; The Government, in aletter to witness, had admitted the exclusive title of the company. The Commissioner of Crown' lands had written | asking if the company had any objection to the land being sold, and were told that they had, when the application was foregone.—Tho Warden said 1 two very grave questions had been opened,—firstly as to whether the lease was affected by the Qoldfields Act of 1879, and secondly, as to the construction of the lease. He would reserve judgment for one month.