THE COURTS.

Mount Ida Chronicle, Volume 26, Issue 1369, 16 January 1896, Page 3

THE COURTS.

WARDEN'S COURT, NASEB\. Tuesday, Jan. 14, 1896. {Before S. M. Dalgliesh, Esq., Wabdus.) APPLICATIONS. Thomas Kean.— Water-race,. Lammerlaw, this side of Serpentine, near Liunburn Station.—Adjourned for a fortnight. Same.—Prospecting area, 80a, Beaumont Run, near Serpentine.—Adjourned, as the regulations had not been properly complied with. _ W. !\ White.—Extended claim, la, east aile of Main Gully.—Granted. Jos. Hore.—Protection for two months for an extended claim situate, on the east si le of Main Gully.—Gianted. John Hore.—Protection for two months for an extended claim in. same locality. Granted. Walter George. Extended claim, la, Undaunted Creek, Little Kyeburn. Granted. James Smith, jun.—Extended claim) la. Reserve Gully, near Spec Gully.—Granted. John Donaldson.—Extended claim, la, same locality.—Granted. W. Bromiley.—Extended claim, la, Mai Gully. Objected to by the Naseby Borough Conncil as it included a part of Broomstreet.—Adjourned to allow applicant. to alter his pegs. Bernard Diamond.—Water-race, Lammerlaw.—Adjourned. Rose Hodgens.—Water-race, Chain Gully near Nase"by. Objected to by Mr CaHer and Mr M. Lennano. Mr inder appeared for applicant and Mr Herdman for Mr Lennane. Mr Lennane's objection (on the ground that it would interfere with his-water-right) was not sustained us he had m. title to the water in the creek, and Mr Indct said he .thought he could make arrangements with Mr Calder if the case were adjourned. : —Adj'.arned accordingly. John M'Kay—Lignite license over 10a ol land in Idafcurn district, adjoining the license hold by Mrs Jane Andrews. Objected to by L. M'Lean, as it included a license of 5„ held by him. Adjourned lor survey oi M'Leau's license. Simon Hewitt. Licensed holding, 4a, Coalpit Gully. —Adjournod for survey ' Lock Kee. Extended claim, in Main Gully.—This application was for an ex tended claim held by L. Hore, jun., an I J. Hore, jun., and for which applications fm protection were then bofore the Unurt. The three applications were taken together. After evidence had been given bv L. Hore. sen., the magistrate intimated that he cmin not see his way to grant the applicatim until a suit for cancellation nad beci brought; nor would he grant the applications for protection until inquiries had been made. The three applications would biadjourned until next court day. FRIENDLY SUIT A. L. Herdman v. D. . Mcsaenl.—Failing to renew water-license. Fined 10s, um. costs Bs, license to be renewed. IMTEKFEP.IKG WITH WATER-RACE. Andrew White v. J as. Cicgiiton, John Creighton, and JoliD Cushion, jun.—Claim £6D, for damage? ■ I.tm* ta wjfr-r.ve

situate between the Burster road and Deep Greek, and for 1033 of time and water 'caused by such interference. Mr Herdman for plaintiff, and itr Inder -•>r dpforidants, who pleaded " A General Denial." lu this pre vioualy heard case, which lias been reported in our columns, Hi* .Worship de livered judgment. After reviewing the evidence at some length he said he must conclude that the balance of the evidence was in ayonr of defendants. and wonld non j SHit plaintiff. Defendant? were allowed 6a Justs ot court, £4 tor witness's expenses, ami £3 3 s professional fee. CANCELLATION. Simon Hewitt v. Enterprise Water-rac Company. Application for a decree of abandonment for a certain portion of the race on the flat between Coalpit and Wet Gullies belonging to the said company, or in the alternative to be decreed iorfeited for breach of regulations. ' Mr Inder for plaintiff, and Mr Herdman I for defendants, who pleaded " A General j Denial." In this case; which haH also been reported I in our columns, His Worship delivered judgment. After reviewing the evidence, he said there could be no doubt, that I breaches of the Act and regulations had J occurred, and he had to determine whether these breaches justified a decree of forfeiture o • whether it came within the discretionary piwer of the Court. Considering all the circumstances he thought a fine would meet the requirements of the case, but it would have to be a sufficiently substantial one to allow complainant's costs to be paid out of it. The company would be fined £5, out of which the plaintiff wonld be allowed £3 10s for expenses incurred in bringing the action. MAGISTRATE'S COURT, NA9EBY. Wednesday, January 15. (Before S. M. Dalgliesh Esq., S.M.) Police v. W. R George.—Charged with being on the premises of the "Victoria Hotel, while a prohibition order was in force against him; This case had been heard before S. E M'Carthy, Esq., S M., and adjourned for a month. Sergeant Green said that defendant was still living at the hotel, and asked that the case be adjourned till next court day to allow of an information being kid.— Adjourned. Maniototo County Council v. W. J. Simpkins.—Claim, 5s lid for rates.—Judgment for amount claimed and costs 19s. Maniototo Flour Mill Company v. R. Halliday.—Claim, £33 Jsa, for breach of contract in failing; to deliver wheat purchased. Mr Inder, for plaintiff, and Mr Gilkinson for defendant. M r Inder said that he h;id received a telegram from Mr Gilkison, asking that the ease be adjourned to j Clyde for the sitting of the court fixed for ! February Ist.—Adjourned accordingly. j R. H. Browne v. John Sianamon. Charged with driving a waggon on the roads of Maniototo County, while the tires of his wheels were not of the width prescribed by the by-law. _Mr W. F. Inder for the county, defendant did not appear. In this case which was adjourned from Hyde, evidence was given by R. H. Browne, county engineer, as to the minimum vridth of tires as presscribed by the by-law, and that the road on wlhich defendant was driving his horses in respect of which the charge was laid is a county road; and by Constable Johnstone, who deposed that he saw defendant driving an eight-horse team on the 9th of December on the road by the Flour Mill, and the tires of his wheels were only 2J inches in width. On Monday last he again saw him driving the waggon. His Worship inflicted a fine of 20s, with costs 7s and a professional fee of 10s 6d. Thos Graham v. W. J. Millar.—Claim, £2O, alleged to have been wrongfully detained by defendant. Mr Inder for plaintiff, and Mr Herdman for defendant, who pleaded " Not Indebted." After a lengthy hearing, in which plaintiff's own word was the only evidence brought to substantiate the charge, His Worship nonsuited him.