THE COURTS.

Mount Ida Chronicle, Volume XXI, Issue 1106, 12 February 1891, Page 3

THE COURTS.

THE WARDEN'S COURT, NASEBY . Tdksday, Februaky 10, 1891. (Before S. M-.Dalgj.iesh, Esq, Warden.) MINING PRIVILEGES.' The following applications for mining privileges were dealt with : L. Hore, residence site, la., Home Gully.—Granted. Surprise W.R. Co., extended claim, la., east side of Enterprise Gully.— Granted. •T. Lobb and D. Pullen, extended claim, 2a., east side of Coalpit Gully, and tail-race.—Withdrawn. George Wallace, extended claim, la., west side of Spec Gully, and tail r:ice.—Adjourned. Tame Hoi, protection for three mouths, for claim in Slain Gully, owing to want of water.—Grunted. William Gutfie, water-race commencing at Wedderbui-n Creek and terminating in section 9, block xi., Naseby. Granted for 15 years. W. Delaney, extended claim of '2ft. west side from Guffie's store, Mt Burster.—Withdrawn. D. M'Gregor, ditto, ditto.-—With-drawn A. M'G. Brown, cancellation of tail race No. 22,435, 4/2/90, and extended claim 22,433, 4/2/90—Cancelled. J. and Philip Brown, cancellation water race No. ISS2, 15/5/S8. —Cancelled. Chay Yung and Lock Lang applied for a tail-race" and extended claim of two acres on the east side of Wet Gully, which was objected toby Mr. Cornelius Humble on the grounds that the ground had not been marked out in accordance w'ith the Regulations, and that the tail race applied for included a portion of his tail race for which he held a certificate.—The objector stated that the applicants pegged out the ground on a Sunday and that it was insufliciently marked. There were really no trenches discernible.— About three chains of his tail race was included in the present application. He had used the race for the last two years.

Mr. M'Carthy here intimated that he would abandon the application for a tail race and proceed with that for a claim.

Jacob Lory gave evidence to the 1 effect that the pegging out was insufficient. He saw one peg which was one foot high, while the trenches were about three feet long but of scarcely any depth. The objector stated that had he known it was required he could have produced two other witnesses who saw the applicants pegging out the ground on a Sunday. His own son informed him of this. The ground was not properly marked out. Chay Yung stoted that his mate marked out the ground late on Saturday evening, and the following day the witness accompanied him to see that everything was right. The pegs were built of sods and stones three feet high, while the trenches were 3ft. long and four or live inches deep. Mr. M'Carthy said that so long as the notices had been posted 14 days before the date of hearing it did not matter whether the ground had been pegged out on Sunday or not.

His Worship remarked that itscemed to him that the Chinese in this district were always applying for ground to the granting of which there were objections. He did not feel satisfied as

to the pegging out, and would visit the ground himself. C. Rumble's applicationß for an extended claim of la. and a tail race were held over till after the decision in tiie previous case: Won Kow and Ali Toey applied for ; an extended claim of 2a. in Home j Gully, which was objected to by I\. Paisley and the county engineer His Worship, after visiting the ground, i granted the application subject to the | following conditions :—(1) That no ! part of R. Paisley's residence a red be ! interfered with; (2) that no tracks • leading to the same residence area be j interfered with unless equally good tracks be first provided ; (3) that the water-race now occupied by R. Paisley for irrigating the said area be not interfered with unless a race of equal elevation to the present race where it enters the garden be first provided. Mr. M 'Carthy appeared for applicants, and i\lr. Rowlatt for objector. An application by the same party for a tail-raCe was' withdrawn. Wednesday. February 4. S. E. M'Carthy v. James Brown.— Failing to renew water-fight.—Fined Is. and costs (Ss.), and ordered to renew. Mr. S. E. M'Carthy asked (oil behalf of the liquidator of the Croesiis Consolidated Co.) that fresh licenses for three licensed noldings at iSTenthorn should be issued in the names of the former grantees. The licenses had been lost, and nobody seemed to know what had become of them. —His Worship said that it showed gross carelessness on the part of somebody, but as the application was in form it would be granted. S. E. M-'Cartiiy v. Inder and Guffie. —Failing to renew 10 water rights.— Fined Isv on each right and costs of court (Ss.). Perseverance Company v. Rescue Company (Hamilton). —Claim, j£lo. Mr. M' Carthy for applicant.—The money had been paid into Court a few hours previous, and Mr. M'Carthy applied for the expenses of one of the pin in tills who had attended, not having received notice of the payment into Court.—His Worship allowed the witness 10s., and gave judgment against defendants for costs amounting to 295. and a professional fee of 21s.

RESIDENT S MAGISTRATE'S COURT, NASEBrWedn'esday, February 4. Wilkinson v. Ekberg. Claim, £ll 13s. 4d., for timber supplied. This case was heard last court-day, when judgment was given for plaintiff by default. Mr. Kerr now asked the Court (on behalf of the defendant) for a re-hearing on the ground that he was unable to be represented by counsel at the hearing.—Sir. M'Carthy objected to a re-hearing being granted unless it appeared from the evidence that there was a possibility of the judgment being altered.—After hearing the evidence of Mr. "Wilkinson I His Worship said that in the face of I the evidence he must decline to grant a I re-hearing, as it could not possibly alter his judgment. Mr. Ekberg had evidently made a mistake, as he stated in his application for a re hearing that the timber was for the Ida Valley Deep Lead Company, while it had been proved that it had been delivered on Green's Reef Ooy.'s claim. A professional fee would not be allowed, as the action in the first place should have been heard at St. Balhans and not at Naseby. Henry Rose (as liquidator for the i Break o'Day Q.M. Co.) v. J. T. B. Hickson.—Claim, £2 i 12s. 10d.—Adjourned till 24th inst. for evidence to be taken in Dunedin. Henry Rose (as liquidator for the Nenthorn Consolidated Q.M. Co.) v. Patrick Ryan.—Claim, £lO 13s. 7d. Adjourned for evidence to be taken in Dunedin. A M'Kay v. T.Mawhinnev.—Claim, 55., groomase fee.—Mr. Rowlatt for plaintiff, and Mr. M'Carthy for defendant.—This case was brought to form a precedent. The plaintiff stated that he made a verbal agreement with defendant that his entire Rajah should serve his mare for £3, 30s. to be paid at end of season and 30s. when the mare proved in foal, and the groomage (55.) in addition. He received acheque for 30s. front defendant, who said he would give him the os. when next he saw him. The terms of service were not stated in either the advertisements or cards, ;is he always made the best arrangements he could. Defendant was the only one out of SO customers who refused to pay the groomnge.— Defendant's statement was to the effect that lie understood the £3 was to cover the whole cost. He did not promise to pay the extra five shillings. On giving defendant the cheque for 30s. the latter said lie had forgotten about the groomage, and witness re plied " Oh, that will be all right." He had never any intention of paying tlio five shillings—llis Worship said there was no doubt in the world that when the defendant said " Oh, that will be all right/' he acknowledged the debt. It was the universal custom to charge a groomage fee, even although it might not be stated in the advertisement. Judgment would bo given for the amount claimed with costs (65.)