SUPREME COURT.

Otago Daily Times, Issue 11201, 25 August 1898, Page 3

SUPREME COURT.

IN BANCO. ' Wednesday, August 24-. (Before his Honor Mr Justice Pennefather.) HOWELL V. KOSS' AND ANOTHER. Motion for writ of prohibition. Mr Sim appeared on behalf of the plaintiff, James Howell, farmer, of Waipiata, and Mr Wcodhouse on behalf of the defendant, Robert Ross, miner, of Alexandra South. • The defendant1' Samuel Meade Dalgleish, warden at Naseby, was not represented. The plaintiff applied for an' order directing a writ of prohibition to be issued, restraining the defendants from proceeding further with an application by Ross for a special claim upon the grounds that —(a) the area marked out by Ross as such special claim comprised more than 100 acres of ground— namely, about 160 acres; (b) the area com- i rrised within its limits more than one mile j in length of the bed of the Taieri River— i namely, about one mile and a-half of the river ! bed; (c) the area comprised within its limits several acres of freehold land, forming part of the Patearoa station, the property of John Roberts; or, in the alternative, that an order be made directing a writ of prohibition to be issued restraining the warden from issuing any license to Ross in connection with Msapplication or otherwise granting the application until a day shall have been fixed for the final hearing of the application on the groundsi that^a) a preliminary hearing hay- i iri^ been 'applied for and granted in connect tion with the application, the warden had fao jurisdiction to' grant'tho' application until the final hearing',:and no ; such final hearing has yet been heltl;.(b).; the.survey of the .special claim .'had not been made at the date when the warden purported to finally deal with and grant.the application. After" legal'argument, his Honor reserved his decision. * I