THE COURTS.

Mount Ida Chronicle, Volume XIV, Issue 809, 14 February 1885, Page 3

THE COURTS.

THE WARDEN'S COURT, NASEBY. Tuesday, February 10. (Before H. A. Stratford, Esq., Warden ) MAIN GUIXY. The Extended Water-race Company applied for a tail-race 300 yds long, commencing at the head of tail-race No 322, passing through an extended claim held by W. J. Fiynn, and terminating in the.ir extended claim, No. 39102, dated 27-2-84. The applicmts were willing that the race should be granted subject to the condition that the race should not be constructed through W. J. F.ynn's extended claim until the expiration of such reasonable time (to bo fixed by tho Warden) as might bo necessary to permit of the said W. J. Fiynn working his said claim. The race, wheu completed, would be in tho form of a tunnel, although while the work of construction was proceeding an open cutting would be necessary. The application was objected to. by Mr Herts'et (on behalf of Mr W. J. Fiynn) on the following grounds—(l) That the tail-race proposed to be extended was not No 322, as represented, but an entirely dilferent race, which had been constructed without license or authority from the Warden ; (2) that tho race as applied for would intersect- and divide into two parts the objector's one-acre claim, and so interfero with the lejiimale and profitable working thereof ; (3) that it would be unfair and beyond the power of the Warden to decide what would bo a reasonable time for working out any claim ; and (4) that the granting of the application would tend to increase the great moioply which tho Extended Company already held in Main Gully.

The application was brought on for hearing on the 4th instant, when it was adjourned, to enable tho Warden to visit the site of the dispute.

On the lltli instant, Hia Worship made the following remarks with regard to the .application:—l shall grant it, provided always that the construction of the race sha'l be a continuous work until completed, 12 mouths beins: eiven to brini> it up to W. J. Flynn's extended claim, held under certificate No. 39051, dated 3-12-S3. and six addi'iona! months, to commence tromthe termination of the aforementioned 12 mouths, to briny the raec up to the npplicints' ex'ended claim, certificate No. 39102, dated 27-2-84; but if, during the last six monti s, ihe working of W. J. Flynn's extended c'aim is an impediment to the construction of the tail-race, the applicants must forthwith pay compensation to the holder of \V. J. Flynn's extended claim far carrying-on the of consti'uction of the said tail-race through the said extended claim—such cliim to he settled by arbitration, if necessary And. failins prompt and immediate stips by the applicants to settle »nl pay compensation for entry, then all that por.ion of the said tailrace that passes through the said ex'ended claim of W. J. Flynn, sh ill be and the certificate partially cancelled accordingly.

RESIDENT MAGISTRATE'S COURT, ' NASEBY.

Monday, February 2, ISSS. (Before 11. A. Stratford, Esq., R.M.) SHEEP-STEALING. John Crcighton was brought up in tho custody of the Police charged with th;it he diil, nn January 20, ISrfS, feloniously steal ami o»rry away one sheep, the property of Mr Mackenzie. fa'ergennt Carlyon asked for a remand till the 4th instant, as he was not prepared to go on wit h the case. Prisoner asked that he should be admitted to bail. He hail bought a large mob of sheep, and would like to be present at the delivery the following day. Th« prosecution offering no opposition, the request was granted. The amount of bail was £2oo—two sureties of £SO each, and prisoner himself in a bo"d of £IOO. Messrs Glenn and Mitchell entered into l'ecoguisances for the amount, Wednesday, February 4th, 18SS. SHEEP-STEALING. John Creightou answered to the above charge, but ou Sergeant (Jar!jon statin" Unit he had no evidence to tender against the accused, he was di-cbargeil from custody. STRAYING CATTLE. James Hore and Thomas Cillery were charged by the Inspector of Nuismses, under the Borough Bye lives, with having permitted cattle to stray on a street within the Borough. The former was fined 20s and costs, and the latter 53 and costs.