The Courts.

Alexandra Herald and Central Otago Gazette, Issue 697, 13 October 1909, Page 5

The Courts.

S.M. COURT, ALEXANDRA. Monday, October Htfi. (Before Hi. A. Young, Esq., S.M.) Sue Him pleaded guilty to driving a horse and cart over the Alexandra bridge at other than a walking pace contrary to the by-laws of the Vincent County Council.—Convicted and fined Is and costs 7s. A first offender pleaded guilty to being found on licensed premises after hours. —Convicted and fined 10s and costs 7s. A local resident similarly charged -pleaded not guilty and was defended by Mr Bodkin. Sergt.. Crawford prosecuted. Evidence was given by Francis Gorman, licensee, to the effect that there was a right-of-way between the (own hall and the hotel, one foot of which was hotel property. The right-of-way was four feet wide. Constable Sbauahan found defendant iu the right-of-way uear the yard.' The right-of-way was used in connection with the hotel, and'there was nothing to show that it was not hotel property. He could not say'positively whether the right-o'fway was portion of licensed premises. —Mr Bodkin submitted that before a-conviction could- lie recorded the prosecution must establish that the place where the defendant was found was licensed premises., /fhc right-of-way was used by all parties and was not exclusively used by the licensee. Iu reply to the bench, Sergt. Crawford contended that the onus rested on defendant that he was not on licensed premises. —The prosecution here broke down, His Worship, ruling that there was not sufficient proof that defendant was on licensed premises, and in that case the case would be dismissed. Another first offender similarly charged pleaded not guilty, and was defended by Mr Bodkin.—After hearing evidence defendant was convicted and fined 10s aud costs 7s, the bench ruling that the explanation was not satisfactory. Civil Cases. W. and D. Theyers (Mr Bodkin) v. Hugh Agnew. Claim £4 2s 4d.—Judgment by default for amount claimed with costs 12s. Emma Bourne (Mr Bodkin) v. Isaac Larsen Claim £3.—Judgment by default for amount claimed with costs 10s. A. E.Cottrell (Mr Bodkin) v. A. A. Briasco (Mr'M'Keau). Claim £3 13s (3d. —'Judgment for amount claimed with costs £3 16s. The . followiug is the list of business dealt with iu the Warden's Court at Alexandra on Monday, 11th October: — P. G. M. Fink, surrender absolute, special dredging claim 939 a till November Bth.

Wui, Berry aud aiiot'.ier, water race, 10 heads from Hope's CVe'ak.—Uertihcate of abandonment in, respect of License 755 a asked for. Mr Bodkin appeared for applicants, and Mr Ryan for the Mauorburn Sluicing Company, present holders.—Applicant's contended that although objectors held possession for over 12 months, no .attempt had been made to construct the race. Applicants hold a targe area of' .alluvial ground, comprising lb'O acres, and it was their intention to form a company to work the claims. For objectors Mr Ryan submitted that the race now applied for was not open for abandonment, and contended it had not been proved that the race pegged out was the line of race held by objectors. The onus rested, oil applicants to prove that the race was abandoned previous to protection' beiug granted three months ago. Evidence showed that the right was taken up in 1903, and nothing had been done since that date,—The Warden ruled that, as the right had been held since 1903 no construction work had been done since that date. There was no reason 'why a certificate should not issue. Certificate of abandonment to issue. Application granted. ' New Clyde Dredging Co., surrender absolute, special dredging claim 1171 a. —Accepted.

Robert Ross and others, surrender absolute, special dredging claims : 3ls/98a and 942l~—Adjourned till November Bth. Robert Ross and others, special dredging claim, 100 acres Molyneux River.— Opposed by Central Otago Miners' Association ami Charles Weaverr~Adjourned for survey, a condition being imposed-on the title providing ; that an outlet 15 feet wide be left in the Eraser river, the surveyor to show county road on the plan. .. Robert Ross ami others, sijlSfeLdrodging claim, 35 acres : Molyueux^^fe^gj^ Adjourned till November Bth.

John Robertson, special quartz claim, 14 acres, Convoy's Gully.—Granted. Annie Maskill, ; surrender absolute, residence site 800 a Richard Dawson, dry- race, section -3, block ill, Eraser district.—Granted. Edmund Stack, ordinary alluvial claim, 1 acre east bank Molyneux, below Alexandra.—Struck out.

John Elvers, protection for six.mouths over special . dredging claim 1345 a.. Granted on amended application for/ extension of time to commence operations. J. E. Thompson, residence site, 1 aore, Borough, of Alexandra.-~Grranted, ;Mr Kilgour allowed one mouth to remove buildings, :.'. ''■}''■■ David Smith, special dredging claim, 30 acres Mauiiherikialiiver.—■Certificate of abandonment in respect of license 1232 a asked for. Mr M'iCeau with Mr Ryan for applicants, Mr Bodkin for the Morning Star Party, present holders.— The application was for a special .dredging claim and certificate of abandonment over the lower portion of the claim held by objectors. It was contended by applicants that the Morning Star Party's dredge was old and in bad repair, j' iNo work had beeu done on the claim since October, 1908, aud members ef the party were now working on other dredges, Objectors had failed to comply with tlu provisions of the Act, aud hinwa a certificate of abandonment was asked for.— Objectors on the other baud subinitte I that no default hail beeu made in respect to the requirements of the Act. Tin: syndicate was formed in 1901, and operations had beeu continuously carried on until October of last year. The top portion of the claim was worked out, an I a sudden rise iu the river Itad left the dredge high aud dry. Every attempt had been made to refloat the dredge and remove Iter to the lower pdrtioujof the

J claim. After great difficulty the dredge was refloated, but it was impossible to take her down as the river was too low. It was argued that everything that could reasonably be required was done to remove the dredge, and counsel for objectors relied on section 102 as a protection of their property, for mining operations were prevented owing to natural accidents. Lengthy evidence was given on both sides. The Warden intimated that as several hundred pounds were involved on each side he would need to go into the matter carefully. At present, he was of opinion that a line should be imposed in lieu of certificate of abandonment.—Decision reserved. Edward Deady, protection for six months over ordinary alluvial claim 1355 a. —Granted. Wm, Briugans, surrender absolute, residence sites 2424 a, 2204 a, 521 a.— Accepted. J. 11. Davidson, surrender absolute special quartz claim. —Accepted. L. E. M'Quccn, surrender absolute special claim.—-Accepted. Plaint. Arnold Nordmeyer (Mr M'Kean) v. John Magnus (Mr Bodkin). Claim £5 damages for trespass and an injunction restraining defendant from trespassing upon plaintiff's claim. An order was asked that the value of the gold won from plaintiff's claim by defendant be ascertained and that plaintiff have judgment for amount so ascertained. The defence was a direct denial of the trespass. Defendant held that no work had been done on plaintiff's claim, and only tail water had. flowed down a natural watercourse.—'The case was adjourned until November Bth, warden to visit the ground. Interim injunction refused.