THE COURTS.

Alexandra Herald and Central Otago Gazette, Issue 1208, 19 November 1919, Page 5

THE COURTS.

Warden's Court was held at Alexandra by Mr E. Mosley, S.M., on Thursday November 13th, when the following business was dealt with : A. W. Marshall (Mr Bodkin) application for a branch race from Golden Beach race.—Adjourned to next court day for consent to be obtained. -

Cecil M-Intosh (Mr Bodkin) for branch race at Blackmail's Creek. Robert King (Mr Bodkin) • for branch race from Golden Beacb. Both applications, adjourned to next court day, sth December. Earnseleugb Gold Dredging Co., Ltd., (Mr Bodkin) for special dredging claim of 43 acres at Earnseleugh.— Adjourned for survey, Mr W. P. Black being nominated to make the survey.

J. P. Lano (Mr Bodkin) for 6 months protection over G water races and ."> dams. Objected to by certain settlevs.—Adjourned to next court day."

J. P. Lane and the Alexandra Borough Council .(Mr Bodkin) application for change of purposo of certain water - races out of Butchers Creek and dam.—E ridence was taken.

W. Black, mayor of Borough : The council had entered into an agreement for tho sale and purchase of these rights from Mr J. P. Lane. The Butcher Creek' rights were required for tho sole use of the inhabitants. There was not a sufficient supply at present. The rights were essential to the borough. The borough had fresh water swimming baths which required a good quantity of clean water in the hot weather, in fact the borough at present were unable to clean out the baths as often as should be cleaned. Seven citizens already used the water from the mains for- electric lighting purposes, and it was the intention of the council to have street lighting. There was no mining in the locality.

C. Weaver, member of the. Vincent County Council : He knew these Butchers Rights. Not required for mining. No demand for water for mining in this locality. Don't think any chance of being wanted for mining in the near future. The Wurden stated that in his opinion if the water was necessary to the borough, the borough should have a better claim for the water, over even the claims of an important industry as mining ; the water-being required for the health of the community. He would recommend the granting of the change of purpose to the Minister reserving the right to reconsider the matter, —should the Minister consent, —before making the actual grant. If the borough had not been acquiring these rights he would probably have refused consent to the change of purpose for it was a very different matter for a private individual to get the change. He only recommended the granting of the application because it was for the public benefit.

RESERVED JUDGMENTS, la this suit for forfeiture before the court last month, Messrs Taylor, Iverseu and Duncoinbe v. J. P. judgment on which was reserved, the Warden stated that his judgment would bo held over in- the meantime. He had his decision, whicji avus a lengthy one, written oui; hut an amendment of the Mining Act had become law in the interval, giving the Warden increased powers. He had not seen an authentic copy of this new Act. He had wired for a copy and he was informed that a copy would be Bent at the earliest possible! moment. He wanted to see a' copy of the Amendment Act, the exact thing as ( passed by the House. He would not be justified in giving the decision to-day. It might be he would want to alter ib. - -

In the ease of Ji P.' Lane and, the Vincent County .Council, being an application heard at last court for the change of purpose of water races and dams, Mr Bodkin for the.applicants asked that' the case stand over in the meantime as there was a possibility that it might be-withdrawn. The Gtsbjwn - might yet take oyer these rights, , ~/ .

.MAGISTRATE'S COURT, OPHIR. Before Mr E. D, Mosley, SM. Friday, November 14th. . Police v. John Leonard and Robeut Palmer. Charged with being found on the licensed premises Obatto Creek Hotel during prohibited hours on 12th October.—Fined 20s and costs 7s in both eases.

Police v. John Stanton, procuring liquor while prohibited. Accused pleaded guilty. Constable Weir gave evidence.—Convicted and fined 40s and costs. .

Police •v. two first offenders for whom Mr Bodkin appeared. Charged with being drunk while in charge of a horse and furious riding on -Uh November.—Constable Weir gave evidence as to seeing both on horses in a drunken condition on the main street Ophir.—Mr Bodkin : He never heard thorn ask For dinner. The licensee, of the Blacks Hotel refused to give thorn drink.—Mr Bodkin stated that his clients denied being drunk. crossed a swollen river on horseback, a feat while drunk men eould not have done. The horses were spirited animals. After hearing the evidence of both accused, the ■ magistrate convicted both on the charge of being drunk while in charge of a horse fined 20s and costs 7s each. On the charge of furious riding he gave'them the benefit of the doubt. E. Harrex v. R. Wheeler, judgment by default £2 10s and costs. WARDEN'S COURT, OPHIR;/ R. X. Sadd, Commissioner of Lauds, (Mr M'Gregor) v. «J. hj. Stafford, cancellation of residence site. Mr Gilkinson on behalf of the defendant consented to forfeiture. His client' was a returned soldier who wanted a piece of land but he would not do anything to hinder the Crown dealing with this block of land.— Forfeiture decreed in this as in other eases.

. .Clare, Clouston and Jones v. J. Donnelly, suit for forfeiture and abandonment of dam.—Case struek out.

J. C. Donnelly (Mr Brodriek) application to surrender water race from Morrisey's and other creeks, and "also application for water race G heads Buster Creek.—Mr Brodick said that owing to objection being lodged by the Crown, he would have to withdraw the application for the water race and ask that the surrender be struck out.—Mr Bodkin who appeared for the Alexandra Borough Council asked for costs which were allowed (23s).—Mr Gilkison for Con White did not ask for costs.

Undaunted Tinkers Gold Mining Co., Ltd. (Mr Bodkin) for 6 months protection over 5 water races.—Mr Eiohards, secretary of the company said the application was necessary, due to many of the races being damaged by flood and.labour not being available to undertake the repair of same.—

To Warden i Tlie company have suilicicnt plant and land on -which, to use the water When brought in.—Protection granted. ~"J.., .. v ~ '

P. Reid and party (Air Bodkin) for alteration of course of water race.. JS T o ob jec t ions. —Granted.

Clare, and Clousfton (Air Bodkin) application for a .branch race.—Air Gilkison appeared for objectors including the Alexandra Borough Council. The opposition to the application was withdrawn on the applicants agreeing to flume across tho Chatto Creek race and tributaries.

F Reid, K. J. Aloran and others (Air Bodkin) for alteration of intake and course of water race Thomson's Creek. Objected to by F. W.ilsonaml others, including the Lauder Domain Board (Air Gilkison). After hearing brief formal evidence the AVardeu granted the T. F. Wilson (Mr Gilkison) for water race 3 heads Springs, Thomson's.—Air Bodkin intimated that he was informed that no notice had been served on the Undaunted Tinkers Coy. and his clients were interested as regards of their mining tailings, The Warden said that he had to be satisfied that there wrfs sufficient water in an average season to meet the present demands, before he would grant any further rights. In this case rights for about 50 heads of water from Thomson's creek were already in existence. If the parties could agree, he might be able to make some grant. This case was heard with the two following : JT. Simes and J. Wilson for water race 3 heads Thomson's Creek.

Lauder Domain Board also for water race 3 heads Thomson's Creek.-

Mr Bodkin appeared for several objectors, and evidence ivas led to prove that there were already too many rights granted out of this Thomson's Creek. Air Gilkjs.on said the evidence showed that water was available for 8 months of the year and-a decision to-day made other P heads available. He therefore held that there should now be water available for these applications now before the court. ■ "■'■■:. '. • 'i,

garden .said that even witTi the 6 heads deducted -which were forfeited to : - day-there remained rights for-49"heads out of Thomson's Creek. There was however a mueh bigger question involved and that was the fair and equitable dis£ tnbutiou of these rights. Until the mming .act ; is further amended, the Warden will require to be carefulnot-to prejudice existing rights in view of such possible amendments. The applications vrillbb refused. Kocosta allowed. 1