MAGISTRATE’S COURT.

Lake County Press, Issue 74, 1 November 1872, Page 2

MAGISTRATE’S COURT.

Akkowtown, Monday, Oct. 28i Before H. A. Stratford, Esq., R.M. Ed. Callagban, for being drunk and disorderly, was fined 10s. with the alternative of 12 hours. William Butler, Ballarat Hotel, was fined 5s for keeping his house open be. yond the hour allowed by his license.

WARDEN’S COURT. Tuesday, Ocx, 29.

Before H. A. Stratford, Esq., Warden. W. Colville v. L. Valli—An information against defendant for committing a breach pf the third section of the 21st Goldfields Regulation, in that he was mining upon and destroying a track leading to the Matatapu, by cutting a race upon it and turning it up. A written defence was handed in by Valli to the following effect The alleged track is the bank of a water race owned by the defendant, which he was cleaning out on the day specified ia the summons, the certificate of which race was granted by the Warden at Arrowtown on the 20th of March last. Ihe defendant therefore required no further authority to work it. He further respectfully submits that even supposing he had failed to work said race m terms of the Goldfields Kegulations, his certificate was still good in point of law until cancelled by the Court; and that thus he had an undoubted right to clean out his race until such cancellation took place. The defendant therefore claims that said summons be dismissed, without costs. After hearing evidence, The Warden held that whatever harm might have been done, there was no doubt defendant was entitled by law, and by virtue of his certificate, to out a race on the ground in question. The license might have been obtained by misrepresentation—it had been so said —but there was no proof of this in the case before him. He could not go behind the license granted by Warden Beetham.—Case dismissed. Same v. Same — lnformation that Valli had committed breaches of sections 1, 2, and 11 of Goldfields Regulation 12, ia that he had received a certificate for a race by misrepresentation ; and further that the working of said race had not been carried on in accordance with the Regulations Mr Gooday for complainant. William Colville deposed—l reside at Maiatupu, and know defendant. He has commenced to construct a waterrace by the Roaring Billy— the course being between Arrowtown and Manatapu. L have travelled that track three or lour times a week for the past ei-ht months, and during that time have not noticed any papers posted on the course of the race, nor any pegs or stones raised on the track, although I have searched for them, and asked others to do so. About four or five chains of the race have been cut; defendant began cutting the race yesterday week, and none of the race had before been made by him, or any one else. I have not seeu any notices of protection ou the ground if I had I should have objected. Valli conld not work on any portion of the race without my seeing him. Complainant called as a witness the defendant, Valli, who deposed— When I applied for the race I posted one copy of notice at the head and another at the bottom. A month afterwards I saw the bottom notice still standing, and I saw the upper notice about two months ago. I first commenced cutting the race last Monday week. I have not applied for protection of the race between 20th of March and 21st October because I did not think my neglect would harm anybody. I held the race for six months without protection. P. Dominigoni gave evidence confirming that of cnmnlninc.f _lhe Warden, in giving judgment, said I find that defendant concealed the truth from Warden Beetham when he asked to cut a race, as be most decidedly ought to have asked to obtain possession of an old abandoned race. Ihe Warden would then undoubtedly have had to cancel old rights and licenses before allowing Valli to use it. I find also that Valli has committed breaches of sections 1, 2, and 11 of Goldfields Regulation 12.—Certificate cancelled, with costs, £5 7s. The following applications were heard and granted : Tad -race —N. Brierton. j Lease —Harris and Blanchard, ten acres—applied for in May, 1871. Protection —T. Mathieson, 90 days; and J. Cavanagh, 30 days.