McISAACS' PROSPECTING CLAIM.

New Zealand Herald, Volume V, Issue 1399, 12 May 1868, Page 4

McISAACS' PROSPECTING CLAIM.

In the case Graham v. Kidd, Mr. Mackay has decided in favour of tHe defendants, subject to the following conditions :—

TJnder'all the circumstances, and after much'careful consideration, I unhesitatingly give judgment for defendants, bo far thrt they may retain and work the ground which has been marked out by them for alluvial gold mining, within the bouridariesof the mining claim held by plaintiffs, but it must be subject to the following conditions :

l»t. That the plaintiffs being the first in possession on the ground th'ey have the superior right to work the game for auriferous reefs, lodes, veins, and leaderg, and» the defendants must not at any time interfere with or impede them in any manner in any of "their mining operations in that behalf. 2nd. That the plaintiffs shall he deemed to Have the first or superior right to the water running through their claim, and the defendants shall at no I'me use or attempt to use any portion of such "water, unless it sball be taken by them after it leaves the plaintiff's Berdan or other quarts crushing machine, or unless they do not require to use the" same.

3rd. That the defendants shall confine their mining operations to mining and working for alluvial gold, and they Bhall in no place break up the bed rock, or m any way interfere with any auriferous lode, vein, pr leader, within the plaintiffs' claim. That their , or . Nt times be open for inspection by plamtiffs or „ny p<frs?ll „ appoiDt f and jf / c - the caß t / ace ' o r defi . JU the real f vein, or leader, not wn k awarded to defendants, they shall not work nearer to any such auriferous lode vein 1 * T) " n from the cet 'tre thereof. ' . 11 '; u lr: order t0 provide f or vc-a-on b'e compensation for loss which may herenfr*r , ™ plaintiffs by the defendants mining f or a?£™f al Within th'iir claim, the defendants shall sum of £50 with the Warden before commeS ariv mrning operations there, and this money shall be by the Warden ? security so long as defendants oc cupy the said clii-in. amount shall not how. ever, be deemcr : ■bo full compensation for sustained, b-.-< all damage shall be ascertained as by law provided. , sth. That defendant fc'aull pay all coats and expenses of this action.