The Courts

Alexandra Herald and Central Otago Gazette, Issue 701, 10 November 1909, Page 5

The Courts

I WARDEN’S COURT, ALEXANDRA. i Monday, November Stli, HMifl. i (Before E. W. Porritt, Esq., AVarden). New Perseverance G.D. Co., special dredging claim part of sections 3-5 and 30, block n. Leaning Rock district.— Adjourned till December 13lb. William Berry and another, special alluvial claim 100 acres at Little Valley. —Adjourned till December 13tii. William Townsend, special alluvial claim 00 acres at Little Valley.—Adjourned till December 13th. Paul G. M. Fink, surrender absolute special dredging claim 030a,—Adjourned till December 13th. Paul Of. M. Fink, special dredging claim 100 acres Mauuhorikia river, about eight miles above Alexandra. —• Adjourned till December 13th for completion of survey plans. Robert Ross and others, surrender absolute special dredging claims No.’s 315/98.V and 942a.—Adjourned till 13th December. Robert Ross and others, special dredging claim 100 acres, Fraser district. — | Adjourned till December 13th. | Robert Ross and others, special dredging claim 35 acres, near mouth of Fraser river.—-Adjourned till December 13th. IS. Luke, special dredging claim Molyneux river, below Alexandra.— Adjourned till December 13th. Patrick Callaghan, extended alluvial claim, 3 acres at Doctor’s Point. —Certificate of abandonment in respect of extended alluvial claim 1358 a asked for. i —Certificate of abandonment to issue, j application granted. | Wallace Carr, extended quartz claim, ! 5 acres near Alexandra, Butchers road. | —Struck out. John Werner, water race, 1 head from : Slaughteryard Gully.—Granted. Robert Ballantyne, water race, one head from Golden Beach bye-wash.— Adjourned till December 13th. i Maggie Jackson, residence site, one acre Borough of Alexandra.—Granted' Robert T. Byrnes, alteration of head of water race 1059 a and permission to run two heads authorised to be diverted thereunder in water race 994 a R. W. Coulson, residence si te, i one acre Borough of Alexandra.— | Granted. I Wallace Carr, special quartz claim, | Alexandra-Butchers road.—Granted. New Clyde Dredging Co., Ltd., pro- | lection for six months to special dredging | claim 1171a.—Granted. Plaint. Arnold Nordmeyer v. John Magu us, i damages £5 for trespass on. claim and ; injunction.—-Mr M‘Kean for plaintiff, I Mr Bodkin for defendant. The facts of ; the ease arc that both parties are the : holders of adjoining alluvial claims : situate on the left bank of the Molyneux i river below Alexandra. Plaintiff alleged I that defendant trespassed on former’s i ground by sluicing and depositing tail- : iugs. Plain tiff prospected his ground in . May last by sinking thereon three holes, | Having secured a contract for other ; work he left to execute same, and about | the end of September returned to bis claim, when he found defendant trespassing. Plaintiff also alleged that his boundary peg was shifted, and further claimed that defendant's peg was shifted ion to his (plaintiff) ground. When I plaintiff first pegged off his claim ho put ! his peg at the back of defendant’s peg. j His pegs were removed, and when plaiixI tiff visited his claim in September Ids pegs were not standing. Plaintiff claimed that defendant’s peg at the present time did nut occupy its original position. There was a considerable conflict of evidence, and all witnesses were ordered out of court. Evidence at great length was taken on both sides, and the hearing occupied the greater part of the day. Defendant contended that his pegs showed their original position, and claimed that the boundary of plaintiff’s claim showed it in a different position to when it was originally pegged out. Evidence for the defence was a direct denial of the allegations of plaintiff. Mr M‘Kcan held that as plaintiff’s license | was still in existence the claim could not he deemed to be abandoned. Mr Bodkin \ contended that as the crock into which j the tailings were discharged was the only natural outlet defendant had no other option than to deposit his tailings into such channel. After hearing argument the Warden reserved his decision and ultimately delivered same. Ho held that the defendant was not authorised by tlic Act or regulations to deposit his Lailiugs on plaintiff’s claim, as ho did not consider the locality was a water-course within the moaning of the Mining Act. ■J udgiiicnt was given for £2 10s damages and costs £(> Is. The injunction applied for was refused. (The full text of the judgment will appear in next issue.)