THE COURTS.

Mount Ida Chronicle, Volume XIV, Issue 809, 12 February 1885, Page 3

THE COURTS.

THE WARDENS. COURT, NASEBY.

Tuesday, February 10.

(Before H. A. Stratford, Esq., Warden )

MAIN OXTLLT. The Extended Water-race Company applied for a tail-race 300_»ds.lon», commencing at the head of tail-race No 322, passing through an extended claim held hy W. J. Fiynn, and terminating in their extended claim, No. 39102, dated 27-2-84 The applicants wore willing that the race should be granted subject to the condition th»t the race should not be constructed through W. J. Fiynn's extended claim until the expiration of such reasonable time (to be fixed by the Warden) as might, be necessary to.pcrtnit of the said W. J. Flynn working his said claim. The race, when completed, would be in the form of a tunnel, although while the work of construction was proceeding an open cutting would be necessary. The application vvas objected to by Mr Herts'et (on behalf "of Mr W. J. Flynn) on the following grounds—(l) That the tail-race proposed to be exteridi'd was not No 322, as represented, but an entirely different race, which had been constructed witho.it liceuse or authority from the Warden ; (2) that the race as applied for would intersect and divide into two part 3 the objector's one-acre claim, and so interfere wilh the legitimate and profitable working thereof; (3) that it would be unfair and beyond the power of the Warden to decide -what would be a reasonable time for working out any claim; and (4) that the granting of the applicatiou would tend to increase the great monoply which the Extended Company already held in Main Gully. The application was brought on for hearing od the 4th instant, when it was adjourned, to enable the Warden to visit the site of ihe dispute.

On the 11th instant, His Worship made the following remarks with regard to the application:—l shall 'grant it, provided always that the construction of the race shad be a continuous work until completed, .12 months beini; given to bring it up .to W. J. Flynn'a extended claim, held under certificate No. 39051, dated. 3-12-83, and six addiiiona! months, to commence from the termination of the aforementioned 12 months, to brinij the race up to the applicants' ex'ended claim, certificate No. 39102, da'ed 27-2-84; but if, during the last six months, the working of W J. Flyun's extended claim is an impediment to the construction of the tail-race, the applicants must forthwith pay compensation to the holder of W. J. Flynn's'extended claim for carrying-on the work of constiuction of the said tail-race through the said extended claim—such cliiin to be settled by arbitration, if necessary. And, failing prompt and immediate steps by the applicants 7 to settle and pay compensation for entry, then all that por.ipn of the said tailrace that passes, through the said extended claim of W. J. Flynn, shall be forfeited, and the certificate partially cancelled accordingly.

RESIDENT MAGISTRATE'S COURT,

NASEBY.

Monday,' February 2, 1885

(Before H. A. Stratford, Esq., R.M.)

SHEEP-STEALINO.

John Oreighton was brought up in the custody of the Police charged with that he did, «n January 26, 1885, feloniously steal and carry away one sheep, the property of Mr Mackenzie.

dergeint Oarlyon asked for a remand till the 4th instant, as he was not prepared to go on with the case. Prisoner asked that he should be admitted to bail. He had bought a large mob of sheep, and would like to be pre3eut at the delivery the;f<jllowing day.

The prosecution offeriui no opposition, the request was granted. Tbe amount, of bail was of £SO each, and prisoner himself rnaboid of £IOO. Meaars Glenn a.id Mitchell entered into recognisances for the umoiint. ...,., Wednesday, February 4th, 1886. SHEEP-STBAttNO. John Creighton answered to the above charge, but on Strweant Uarlyon stating tbut he had no evidence to tender against the Hocused, he was cli-charged from, custody. STRAYING CATTLE. James Hore and Thomas Cillery were charged by the Inspector of Nui3in?es, under th • Borough Bye l;iws, with having permitted cattle to etray on a street within the Borough. Tho former was fined 20i and costs, and the latter 5s and cost 3.