THE COURTS.

Mount Ida Chronicle, Volume 26, Issue 1369, 17 January 1896, Page 2

THE COURTS.

WARDEN'S COURT, NASEBY. | TcssDAY, Jan. hi, 1893. (Before S. M. Dalgliksh, Esq., Warden.) APPLICATIONS. Thomas Kean. iVatcr-raco, Lammcrlaw. this side of Serpentine, near Lintiburii Station.—Adjourned for a fortnight. Same.—Prospecting area, 80a, Beaumont Run, near Serpentine —Adjourned, as the regulations had not been properly complied with. W. F. White. Extended claim, la, east side of .Main Uully. Granted. Jos. Hore. Protection for two months for an extended claim situate on the east side of .Main Gully.—G anted. John Hore.—Protection for two months for an extended claim in sumo locality.— Granted. Walter George.—Extended claim, la, Undaunted Cieek, Little Kyeburn. Granted. James Smith, juii. Extended claim, la. Reserve Gully, near Spec Gully.—Granted. John Donaldson.—Extended claim, la, same locality. —Granted. W. Bromiley. Extended claim, la, Main Gully. Objected to by the Naeoby Borough Council as it included a part of Broomstreet.—Adjourned to allow applicant to alter his pugs. Bernard Diamond.—Water-race, Lammcrlaw.— Adjourned. Bose Hod gens.- Water-race, Chain Gullv, near Nascbv. Objected to by Mr Cal'ler and Mr M. Lennane. Mr Inder appeared for applicant and Mr Hurdmaii for Mr Lennane. Mr Lenmuie's objection (on the ground that it would iiueifoio with l\u "liter-right) was not sustained as ho had iio title to the water iu the creek, and Mr [nd--i said he thought he could make arrangement *- with Mr Cal'ler if the case wore adjourned. —Adj. urncd accordingly. John M'K.iy - Ligniic licuse over 10a "• laud in ld.iburn disiiiet, adjoining ihe licism-.t-held by Mrs Jane Andrews. Objected tby L. M'Lean, as il included a license of f> held by him. Adjourned lor survey o. M "Lean's license. Simon Hewitt. Licensed holding, 4a, Coalpit Gully. - Adjouruod for survey Lock Kee. Extended claim, in Main Gully. —Thii application was for an ex tend, d c'aim held by L. Hore, jui l ., and J. Hore, juii., and for which applications foi protection were then before the Court, The three applications were taken together. After evidence had been given by L. Hore, sen., tho magistrate intimated that, he could not see his way to grant the application until a suit for cancellation hud been biought; nor would he grant the applications for jrotection until iiiquiric« had been made. —Tho three applications would be adjournod until next court day. ri'.IEKDI.V SUIT A. L. Hordmau v. D. Mesaent.—FailinK to renew water-license. Fined 10a, uno costs Ss, liceufce to lo renewed. INTERFERING WITH WATER-RACE. Andrew While v. Jmj. Cieigiiton, John Cr-ightoa, and John Creighton, jun—Claim £6O, for daniigw done to a. water-race

ffeb®. be T f ee '\ the Burster ™ad and Deep f„r M lP r , d, " aU for Pla'ntiff. and Mr Tnder DenS"" Ut8 ' wh °Pl«*to "A General . «^VS?!;- ViOUB,y , heardcM,, . wl 'iohhasb6en.eportedin our columns, His VVorshiu de: • Wed judgment After review „7tK that the balance of the evidence wis in c!!sts P of c" ft ut^lr™' 111 ' ' £3 a, professional CANCELLATION! Simon Hewitt v. Enterprise Water-rac ''."'• Company. -Application for 4 decree of abandonment for a certain portion of the race on the flat between Coalpit and Wet '• >■ • uullies belonging to the company, or in the alternative to be decreed forfeited- for breach of regulations. -^*~ >, M !i I * nd j r for P Llilltiff . and Mr Herdraan De'nif" ' W Pleaded " A General In this case, which has also, been reported in our columns, His Worship delivered judgment. After reviewing the evident he said there could be no doubt that breaches of the Act and regulations had occurred, and he had to determine whether these breaches justified a decree of forfeiture or whether it came within the discretionary power 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 would be allowed £3 10* for expenses incurred in bringing the action. MAGISTRATE'S COURT, NASEBY. Wednesdajt, January 15. _ (Before S. M. Dalguksh Esq., S.M.) Police v W. R George. -Charged with heing 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. Serjeant Green suid that defendant was still living at the hotel, and asked that the case be adjourned till next court day to allow of au information being bid Adjourned. Maniototo County Council v. W. J Simpkins.—Claim, 5s lid for rates. -Jude'ment for amount claimed and costs 19s. Maniototo Flour Mill Company v R Httlliday.—Claim, £33 J ss, for breach of contract in failing to deliver wheat purchased. Mr Inder, for plaintiff, and Mr bilkmson for defendant. Mr Inder said that he had received a telegram from Mr Gilkison asking that' the case be adjourned to Clyde for the sitting of the court fixed for • l'ebruary Ist. Adjourned accordingly. m R * ?■ . Browl,e v - J"hn Siunatnon. - Charged with driving a waggon on the roads' ot Maniototo County, while the lires of hia 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, enunty engineer, as to the minimum .vidth ■■f 1 ires as prescril>ed by the by-law, and that the road on which defendant was driving his horses in respect' of which the charge was laid is a county road ; ai.d by Cou-table Johnstone, who deposed that he saw defendant driving an eigMt-hor.se ■team on the9th of December on the road by the Flour Mill, and the tires of his wheels were only 2k i.iches in width. On Monday last he again saw him driving the waggon. His Worship inflicted a fine of 20a, with costs 7s and a professional fee of 10s 6.1 Thos Graham v. W. J. Millar.—Claim, • £2O, alleged to have been wrongfully detained hy defendant. Mr Inder for plaintiff, and Mr Herdman for defendant, who pleaded " Not Indebted." After a lengthy hearing, in which plain, tiffs own word was the only evidence brought to substantiate the charge, His Worship nonsuited him. ■ . •