The Courts.

Mount Ida Chronicle, Volume XLV, Issue XLV, 25 August 1922, Page 3

The Courts.

(Bef»re Mr t:. J. Dixnn S:M., and Warcun-) - . .

MAGISTRATES XOU LIT. ■'-Unrei'iffr-rfU Firearms. '■ ' Police v John Coylc.—Charged with having a.pearifie in his possession during June f.or a longer period, than .seven daja without registYaii-iin. A second charge was laid in respect of a shot gun.—Mr Fraser for f'efentiant admitted the facs. —Fined 10a' and coats 7s on the first charge and ordered te pay 7s Co3ts on the second.

Similar charges were laid agninst T. C. Howell (rwner of a double barrrl gun) and Ed. Tohill, of Patearoa (a Winchester lifie), and they were fined 10s each and 7e costs. Failing to Supply R«turos.

The Inspector of Mines (Mr Whitely) proceeded against the following for failing to su; ply returns of water races owned by them, as required by tr.e Amended Act of 1920. In giving evidence Is said that noticec stating requirements had been posted to them at the beginning of the year, and the returns should be supplied during January The Department did nnt wish to be hard en them, hut to make them understand raturns must, ba aupplieu. The Department wanton t' l what use they were making of the water. If they were not using it, the rights would be struck off. They bad waited six months before taking proceedings. They were the first cases of the kind in Naseby. Defendants admitted neglect for one reason or another. Mr Fraser represented a number of themand others appeared in person cr relatives appeared for them: —

James Hore, fined and costs 7s. W. A. M'Lean, Putt area. 10s and costi 7s. J. t. Weatherali, G. Bamberv, R. T. Kinaston and J. D. Leec, 5s each and divide coats 10s 9d. E Clunie, pay costs amounting to 17s. P. J. Brown. Kyeburn Diggings, fined 5s and costs 7s. A. J. M'Lecd, ordered to pay

costs 225. J. Blakely, pay costs 17s. W. Mulvena, fii ea 5s and costs 12s. A. E. Tnurlow »nd others, 5s each and costs 7s. N. Nicolson, 10s and costa 7s. P. Har.rahan, 10s and costs 7s. F. Harrex, 5s and costs 12s. RA Thomas, 5b and costs 12s. George Bernstead, adjourned till 25th September. Jas. Mee, fined 10a and costs 7s. W. Pyle, 10s and costs 7?. Jas. Meikle, adjourned. Civil. Several civil c«ses were struck out and a case G. Botting v W. F. Dundass wbb adjourned till 25th September.

WARLEN'S COURT. Applications. N. Nicolson, ordinary prospecting license, la, Vinegar Hill.—Granted. A. E. Thurlow and others, water- rnc«, seven heads, Manur-erikia River, and surrender right for 12 heads. Granted subject to conditions i r nposed by the Crown in order to protect the State if it is desired to resume the water at any time.

J. Rhodes, prospecting licenses oP 40a and 12a, at Waipiata. Granted subject to conditions required by theCommissioner of Crown Lands Simes and Peek, two water-races of six heads each, at Capburn and R >ck and Pillar, and a special allivual claim of 20a at Hyde.—All were granted. Percy Brown, surrender residence site at Kyeburn Diggings.—Accepted. T. E Morgan, residence site, la, tit Cambrian. —Granted. Phil. Thomas, ordinary prospecting license, sa, at Pukepouri.—Granted. M. A. Kinney, two water races —one of a head from Boundary Cresk and another for three from Six-mile Creek, Hyde.—Granted. E. B. Gallery, special quartz claim, 8», Macrses.— Granted. Parfit and Marslin, surrender special alluvial claim, Main Gully—Accepted. Phil. George, residence site, Naseby. —Granted.

W. Pearson, residence site, la, Patearoa.—Granted. All the applicants with the sxception of the first were represented by Mr Fraser.

Tbe liquidator of the Golden Point Co. applied to surrender two special quartz claims. —Accepted. W. George (Mr Fraser) v I. Parfit, M. O'Donohue and Mary O'Donobue. — Application for forfeiture of special alluvial claim io Spec Gully, on the grounsls tbat the labour conditions had not been observed, and that the privilege had not been used for its proper purpose for upwards of 60 day?. The defendants did not oppose the application. W. George gave evidence on his own behalf. Decree of forfeiture granted and court costs of 2Js wer* allowed against defendants. J. Clancy (Mr Fraser), residence site of la, at Linnburn, ni small grazing run occupied by J. F. O'M alley, who objected on the grounds that notice h3d not been given when applicart erected his cottage, and that this area was on a block used for a lamb:ng ground and as applicant kept a lot of dcgs in pursuit o! his occupation as a rabbiter, the sheep would be kept away from that part of the run. The report by the Commissioner of Crown Lands was unfavourable. Mr Forrester, Dunedin, appeared for objector. Objector and J Coyle eave evidence to the effect tbat the area was on a block of 200 a which was used for a lambing ground and the presence of doge was detrimental to tbat purpose. Mr Fraser said applicant would be agreeable to a condition on the license that be took no dogs on to the run, and if he broke it tbat would be a ground for an application for forfeiture. Applicant deposed that he had been rabbiting there for 12 years and bad got into no trouble with his dogs. He applied for that particular area because it was the only place where domestic .water-.was available. There had been no sheep on the block at any time. He would like to keep his dogs at home but would shift them if necessary. Applicant -and objector aired their opinions of each other, which were ni»t flattering. The application was granted subject to the condition that no dogs are ba b<. taken on the ground. No costs.were sllowed. The Forestry Department (Mr Fraser) applied for a water right of half a

head from » stream.throogh Ranfur / Te.wnship reserve-.- Objected to by A. Dyke on behalf- of the of Ran furly. The c-l j i.'(ur ekpla ; nes! that the Henlth Department- was forcing the residents of the town to under'ake a waUr supply sche"m->, ano tiiis s. urct--of su!-ply waa c -nsidered the m ist practicable. Other schemes would be too costly. In cross examination le said be had been appointed chairman of a committee of residents. They had rease-n to b.-lieve the nurssry wn« to be Hosed. —Thomas Screen, the officer-in-charge of tha nursery deposed that the application v,as re&lly for rei ewal of a right which ha"! been allowed to lapse. The water «"a: necessary for growing trees. He had received no official intimation of the closing of tbs nursery. His Worship said no ground had been shown for refusing the application, which was granted A Disputed Sale. The Official Assignee in the assigned estate of M'lntyre and Reed v M Hamilton —a claim to compel the enforcement of a contract Mr Moore, Den edin, for plaintiff, Mr Fraser for ths defendant. Briefly put the plaintiff's case was that he held a sale on the 25t>'i November last of the property in th« assigned estate of M'lntyre and Reed. Among these assets was a water-race out of Woolshed or Three Mile CreHc with a right for three heads of water. This was offered at auction in the usual way, and no satisfactory bid being obtained was passed in. Shortly afterterwards fie defendant arranged to purchase the right., and gave a deposit of £SO, which was to be returned if the Government refused a transfer. The defendant now contended that the tranfer referred to in the agreement referred to a Irat.sfer of purpose, which the Official Assignee had not in his mind and. on which he could not have anything to say. At the sale no questions w ; <- asked about a change to an irrigation right, and the auctioneer made no statementa about prior rights. Nothing «as sniri at the subsequent negotiations about a change of purpose.

What was sold was any right bankrupt had in the water-race. The evidence of the Official Assignee and of the auctioneer (Mr Jas. Sampson) was taktn in Dunedin, and was to the above effect.

The clerk of the court produced the records of the legislation of the transfer.

The case really amounted t" a claim for £225 (tne amount of the purchase price) for the breach of this ci ntract. For the defence, Mr Fraser contended that the nght*|had betn sold to the Official Assigns* obtaining <i change of purpose from mining to irrigation. The. contract note sta'ed "balance to be paid when transfer made, and if the Government don't transfer deposit tobe refunded." An ordinary transfer of a mining right would be registered with out any such stipulation. It was known to be difficult, to get a change of purpos?.

Hamilton offered £7O at the private nfgotiations and was induced to offer £225 on the understanding that the change would be procured. Secondly, there was a warranty that there was only a prior right of balf-a-bead out of the creek, whereas there were 2fc heads of prior rights. The onus was on the ; Official Assignee to pet a change of ' purpose from mining to irrigation, and even if they got a change the right! would be valueless with %\ heads prior- j ity rights. In dry weathsr there was not that amount in the creek. ; The defendant Mathew Hamilton, farmer, Lauder, gave Evidence that in ■ reply to a question by Mr John Wilson j the auctioneer said he would guarantee a change of purpose and also a prior right of only half-a-head. The property was passed in, only £5 or £lO being bid. Subsequently his brother John Hamilton j (who was too ill to be present) and i the Official Assignee and his brother (the auctioneer) met, and they then decided on a sale for £225 on the above understanding, the Official Assignee to make the application for change of purpose, and it would cost witness nothing. Hugh. M' lntyrs gave evidence to the effect that before the sale hj« had explained to the Official Assignee that the bids would depend largely upon bis

obtaining a change to an irrigation right, and a'so told him it was difficult to obtain. The Official Assignee did not seem to i nderstand the nature of

the cbs»nge, although he said'he did. At the sale in reply to a question one of them offered to guarantee the change of title.

John Wilson said the auctioneer at j the sale asked him about buying, j Witness replied that it was no good to j him. The auctioneer then said "I'll get it for irrigation if you buy it.''J Witness replied that it might not be so ; easy.and the auctioneer said "you don't i need to pay any money till you get your transfer. I'll get you any purp se you j like." Did not think he understood! the position. Heard something 01 prior j righto but did not take any interest in it. If the fcrmer conversation he did, knowing the difficulty of getting the change. Thos. Mee said that at the sale he offered £5 for the right, which was not | accepted. Remembered the conversation about the change of purpose and the promise to get it. The auctioneer bad stated that there wa3 only a half head priority right. Witness told him there were not three heads of water to ' sell. He also said that there would be j no sale if there was no change of purpose. Witness held a right from the J creek for domestic purposes. i James Clouston gave evidence that; both the Official Assignee and the auctioneer at the sale said they guaranteed a change of purpose, and John Beat tip said he heard the auctioneer make the statement, but could not swear if the Official Assignee had anything to say. The Mining Registrar produced the records which showed three prior rights —two for one head and ene for haif-a-hsad. After counsel bad addressed the court, His Worship decided to nonsuit plsintiff, allowing defendant costs —witness £ll 153 Od, court Gosts 128, the local solicitor £5 5s Od snd the solicitor (MiLemon) who attended at the taking of evidence in Dunedin ±5. Total £22 12s