WARDEN'S COURT, HAVELOCK.

Marlborough Express, Volume XVI, Issue 146, 25 June 1881, Page 2

WARDEN'S COURT, HAVELOCK.

THURSDAY, June 23. (Before J. Allen, Esq., Warden.) Hopgood v. Arthur.— Flooding claim. Arthur was ordered to pay costs, 21s, and put the guage boxes in proper repair within ten days, Corkhill and party— Application for tail race ; granted. Leahy M.— Application for tail race; granted. Livingstone— Application for protection ; granted. Hopgood and Waylin— Application for tail race; granted. SynhWholra v. Smith and Pope— Wrongful occupation of ground. Mr A.cNab appeared for complainant. W. Synherholm, deposed : lam a miner at Wakamarina. I remember proceeding a week ago to-day to peg off some ground joining Antonio Matoni's. I put in my pegs ; it was getting near night time, between 4 and 5 o'clock. I put in two pegs adjoining Maroni's. I stepped off the ground, I did not tape it. was quite dark when I got home. I did not touch the ground, having no tools with rue. I intended to do it in the morning. It was raining so heavy the following day, I did not go to the ground; it rained all Friday and Saturday. On Monday, about midday, I went to the ground, I had a pick and shovel with me. I found defendants on the ground in the act of pegging ; they had not completed the job. I have since measured their trenches, they are not according to law, they are only four inches deep. I have trenched since, my trenches being sft long and 6in deep. The defendant's threw two of my pegs out; I replaced them with new ones. , By James Pope : 1 pegged off on Thursday, but not according to law, I intended doing so the following day, but it was too wet. I was working under a shed on Friday. By James Smith: I did not see you pat any pegs in. You seemed to be helping your mate. John Ah erne, junior, deposed :— I am a miner. I know Synherholm. I remeinbor seeing him put a peg in. I saw him pull up a peg that a map named Flannigan had put in. Flannigan is a miner. (The clerk of the Court here stated in reply to Mr McNab that Flannigan he'd no miner's right.) I did riot see Flannigan put the peg in, I only heard he had done so. I do not know that Flaonigau put in tbe pegs under instructions from my family. Defendant, Pope, is living with us. Pope did not put the pegs in from instructions from our family — the grouud might have been pointed out to him. I have seen three out of four of defendants' pegs. I was with defendants part of the time they were (legging ; odlv one was at work. Smith might be a visitor. I did not work on Friday or Saturday last on account of the had weather. James Pope deposed : lam » miner. Oo Monday I was looking round for a piece of ground. I came across Maroui, be told me the ground next his was pretty good I got tape and tools, and proceeded to mark off the ground according to law. I saw a stick id but did not touch it. My pegs are about 2A in. thick nnd 2ft above ground. I trenched at the same time, any stumps or impediments that were in tbe way I marked, and alse on the other side. Plaintiff came after all the trenches wer cut and finished ; he told me to clear out. I said it was my claim, as it was not begged by him according to rules ; I also told him it was not trenched. By Mr McNab : It was about two o'clock when I commenced ; there was a little bnsb, I had to cut through it. Maroni helped me to tape it. I borrowed the tape from Mr Aherae, also tbetools. I arrived in Havelock | on Friday. 1 did not meet any of the Ahcrue'a before I had a miner's right. I have never

beeci mining before. It was not the Aherne' win lold me about the ground. Mr Aherue punted out the rules to me ■; I pegged off the ground before I saw the rules ; Maroni told me what to do. Mr A. Mills, appointed by complainant and defendants, with tie consent of the Court, proceeded to the ground to report „n the pegs and trenches put in by both parties. Mr Mills, having given evidence of having viewed the ground, the Court decided— The defendants to surrender the occupation of the ground, as the plaintiff had done all he could to get his ground completed ; each party to pay their own costs ; Mr A. Mills to be awarded £3 3s.