CITY OF DUNEDIN G.M. CO. v. CHAS. MANUEL.

Thames Star, Volume XXVI, Issue 8074, 20 June 1895, Page 2

CITY OF DUNEDIN G.M. CO. v. CHAS. MANUEL.

A case of foroe interest wis beard at the Warden's Caurt to-day, being that of the City of'Dunedin G. M; Co. v. Cbarles Manuel. The complaint ajet fonh —(1) That the plaintiff company was the registered owner of the ground; (2) that defendant on the 13th and l^th insr. trespassed upon the said licensed holding and carrii d on mining operations thereon, and unlawfully removed and earned away certain quantities of auriferous stone belonging to the complainants ; (3) that at the time of the lodging of the complaint the defendant still continues the trespasser The complainants therefore asked (a) that defendant be adjudged to have tresps csed upon the said licensed holding of the complainants ; (b) that the Court ascertain the value of the auriferous stone so unlawfully removed and carried away- by the defendant; fc) that defendant may be ordered to pay such value to the complainants, together with any further sum of money by way of damages as to the Court may seem fit, and also the costs of this suit; (d) that the defendant may be ordered to desist from con* tinuiog such trespasses ; (c) . and such farther or other relief in the premises as to the Court may tern fi\

Mr Miller appeared for,the complainan Defendant appeared in person.

Mr Porritt, Mining Registrar, gate formal evidence, producing the register, showing that the City of Dunedin Go. were the licensed holders of the ground, which is situated at Taratn. The plaintiff' company is the re^is'ered owner of 'he land

By the defendant: Ihe Day Dawn claim of 3 men's ground was situated at Tararn, and was formerly known as the old Highlaud Chief. The present owners were Chap. Manuel and John Dennerley. By Mr Miller: Bennett's miner's right was a 10s one and dated the 24th of June, 1893 ; while. Manuel's was of the same value, and dated the 25th September, 1893. Dennerley's was also a 10s right, and dated the 19th February, 1691. The Day Dawn claim was registered on the loth of October, 1894. On that date Manuel did not have a miner's right. His right expired on the 24:h of S ptember, 1894.

Gaorge Wilson, Mining Inspector, stated that he knew the Dunedin licensed boMing, which was on a block cf native laud. A 203 miner's right was therefore necessary.

Mr Manuel here said be desired to withdraw the cas?. He was cot aware that his miner's right had run out, or that it was native land. He started work merely in order that proceedings might be instituted against him, as he was fuliy of opinion that he had a legal interest in the Day Dawn claim. He had not recovered any quartz from the mine

The Warden gave judgment for plaintiff, with nominal damages of Is, and an order to defendant to cease trespass. Costs amounting to £,7 19a were allowed the plaintiff.