RESIDENT MAGISTRATE'S COURT.

Lake County Press, Issue 51, 24 May 1872, Page 3

RESIDENT MAGISTRATE'S COURT.

Areowiown, Monday, Mvy 20.

(Before R. Beet ham, Esq., R M.J

Two persons were charged—one with being drunk and disorderly, the other drunk only. This being the first offence in each case, they were fined 10s and 5s respectively. John P. Beck was brought Jup by Constable Quinn, on a charge' of deserting his wife in Dunedin. Beck was arrested as answering the description of a man for whose arrest a warrant had been issued by the Dunedin Bench, particulars of which had {appeared in the Police Gazette. Beck said he was on his way to his wife in Dunedin when taken in charge, and Mr BeethamJ;dechned to interfere in the matter.

Civil Cases

Goldston v. Pritchard—Adjourned case, being an action to recover £2O, value of goods destroyed by fire and water, through the igniting of plaintiff's premises consequent on a quantity of unslacked lime—used in building a store for defendant—being stacked close to Goldston's house. In giving judgment the Magistrate said :—ln tins case the plaintiff's] contention is that the maxim " Let the principal be held responsible" applies. The facts are very briefly stated. The defendant. Pritchard, employs a contractor to build, and undertakes to find him with materials, lime included. Bv agreement with plaintiff, the use of a portion of his, plaintiff's, section was granted to defendant whereon to deposit building material. During the progress of the building, in the absence of the contractor, some lime was deposited on the plaintiff's section, and such lime whs taken delivery of by defendant. It was subsequently moved by the contractor, or his servants, to a spot nearer the plaintiffs store, which it eventually was the means of igniting, causing loss and damage to the plaintiff. The law in the matter is shortly this: Where the person who does an injury—either in person or by his servant —exercises an independent employment, the party employing him is not liable. In the case before me it appears that the contractor exercised an independent employment, aud the relation of master and servaut does not exist between the defendant (who is the principal party, as being the person who set the contractor in motion) and the contractor. The defendant is, in my opinion, not liable for the damage.—Case dismissed, with costs.

WARDEN'S COUItT (Before R. Bee hj tn, Esq, Warden.) Iloulaghan and Party v. Gotdston— Claim for £6, water supplied irom the plaintiffs' registered race, for the purpose of irrigating defendant's orchard. Goldston pleaded not indebted, and further that plaintiffs had no right to sell water for other than mining purposes.

The case took a considerable time in hearing, but both sides of the question may be briefly described. Plaintiffs swore that defendant had asked them for the water for the purpose of flooding his orchard and clover paddock durin" the dry season. This was granted on the understanding that the water was to be paid for, although no definite price was named. The sum of £0 was charged, as Goldston had the privilege duiing six using the whole of the water in the race. After overflowing the paddocks water was picked up in a lower race. —On the other hand, Goldston affirmed that a special verbal agreement had been entered into that Houlaghau should have free access to defendant's paddock and help himself to as much clover as he wanted, in return for the use of the water.

Several witnesses were examined, but did not alter the features of the case as above stated.

The Warden held that the plaintiffs had a right to sell the water for any purpose so long as it was their property. He was not inclined to think that the statement as to grass being given for use of the water was correct. Goldston had used the water, and must expect to pay for it. There was not sufficient evidence as to how plaintiffs made out the value of the water at £6. and he thought the justice of the case would be met by a verdict for £4. Costs, 31s.

An application by Mr George A. Barker for a lease of agricultural land in the vicinity of Whitechapel Flat was opposed by Messrs L. Harris and S. Symonds—as representing the Miners' Association—on the ground that the land applied for was auriferous.—After hearing arguments, the Warden decided not to grant the application.

The following applications were dealt with:—• extended ciAiMS. — Granted. Arrow—Donery and M'Leese, two

acres; Limbrick and Mohun, do; Miller and Tonmns, two do; Cooper and O'Malley, two do; Chung Sing and party, four do ; Lee Yung and party, four do; James Naples, 1 do; William Farram, one do; M. Gobcavich. one do; Carl Benkhe, one do; John Clayton, one do. water hacks.— Granted. Brackens—Bremner and party. Arrow—Jumes Naples, two heads ; Carl Benkhe, do; George Barker, do Hayes Creek—Charles Steel, 4 heads Curdrona—Chung Sing and party, two heads; Lee Yung and party, do; Owen Mackin, three do. tail races.— Granted. Chung Sing and party, 500 yards, and Lee Yung and party, 300 yards, Cardrona. PROTECTION'. Long Newey, three months.