WARDEN'S COURT.

Western Star, Issue 1339, 23 March 1889, Page 3

WARDEN'S COURT.

Fridat, 22nd March. (Before H. McCullocb, Esq., Warden). SPECIAL CLAIM. Jas. Pafctison, B. Newman, and J. W. Bridge, 60 acres, from stookyard at forks of Wfci*u to eastern bank.—Withdrawn. CLAIMS. Lock But, one man's ground in Girman Gullj, Round Hill.—Withdrawn. Ah Hoy and another, two men's ground in Single Hut Gully, Round Hill.—Granted. Lie Kie and "another, two men's ground * between Erans and Lee's residence area and Cumming's Gully, Round Hill.—Granted. TAIL EACEB. James Phillips, commencing 15 chains below applicant's elaim in Spinyarn's Gully, and terminating at claim.—Granted. Look But, commencing at applicant's claim, German Gully, and terminating at Chong Kee's dam; length, 6 ohains.—Withdrawn. James Pattison, commencing in east branch •f the Waian River, and terminating at present mouth of east branch of Waiau; length, one mile and a-half. —Granted. Ah Hoy and another, commencing at applicants' olaim in Single Hut Gully, and terminating at Orawera; length, 10 chains.-—Granted. ' Robert and Gilbert Balaton, already constrnoted, commencing in German Gully and terminating in Clark's Gully; length, 7 chains. Objected to by Patrick Mooney, for whom •Mr J. P. Young appeared. Mr Young explained that the objector held a right for the water in the gully.—The applicant said he only wished to run into the natural flow of the gully.—Patrick Mooney deposed he objected to the granting of the application, inasmuch as he had a license for the race into which the applicant wished to ran. His raoe took in all the water in the gully.—After evidence had been given by A. Forbes, on bebalf of applicant, the Warden refused the application (with costs 10s 6d) on the ground that .objector held license for raoe applied for. "He stated that applicant ought to hare applie 1 for cancellation of Mooney's grant if it oould be shown that objector had forfeited his right to same.

WATER BACKS. James Phillips, commencing in Skeleton Gully, and terminating at applicant's claim id Spinyarn'a Gully; length, 46 chains.— Granted. " A. and W. Lennon, extension, commencing at applicants' head race and terminating at claim, Taunoa sidling; length, 15 chains.— Granted. ' Ah Hoy and another, commencing Ander. son's big water race, and terminating at applicants' claim; length, 40 chains.—Granted. • Wb. Pye, commencing io Northern branch Okui Creek, and terminating applicant's claim, Paihi; length, 50 chains.—Granted. T'hos. Dyke and another, commencing on dam now applied for, and terminating at Joe King's present head race; length, 8 chains (objected to by Lie Kie).—Withdrawn. BXH-WASH. Miohael Beid, from peg in tail race to lower end of Pryatt's Gully, Taunoa Creek, Orepuki. —Granted. ' f . DAMS. James Phillips, near old dam on cutting on 6ld railway line, 6| miles from Eiverton; area, 280 square yards.—Granted. , Henry H. Port, on terrace between Californianand Cummings' Gullies; area, J-acre. —Adjourned till next court day. ' Wm. Pye, at northern branch Okui Creek; area, 5 Bquare ohains.—Granted. if.! NOTICE TO DIVEBT. 1 James Pattison, east branch Waiau river, near the sea beach, and to form new channel thereof, commencing at point near stockyard.—Granted on application of Mr J. P. Young who explained what it was proposed t:> db and who asked for withdrawal of special olaim applied for. PBOTBCTION. i ; James Chester and another, 90 days, for sluicing olaim, dam, and tail race at Bound Hill. —Granted. ■ffOVG JACK AND OTHBIiB V. JOHN B3LL AND PARTY.

Complain that defendants are constructing a tail race, partly of flaming and boxes and are thereby interfering with the working of pompUinant's tail race and which will prevont the advantageous working of complainants' claim, known as the Island claim. ' Mr J. P. Young, who had the assistance of Mr Finn, for complainants; Mr O'Reilly for defendants. ■ Mr Young, in opening the case, said tno Suit was brought for the purpose of gettingan order made for defendants to desist from interfering with complainants' lights and that they bo ordered to remove some boxes they hare erected to carry water and tailings through his clients' claim, and over and a'ong thoir tail race, and further to take a*ay a box that has been placed in plaintiffs' race. He would bring evidence to show that the working of complainants' tail race had been seriously interfered with by the eroction of the boxes, and in fact they would be unable to work their claim without destroying the fluming defendants had put up and the shps that would be caused by such an accident would cause serious injury to complainants. When nlaintiffs objected to the placing of a matting box in the race the defendants threatened them with all sorts of violence if they hiu dored them in any wiy, notwithstanding that the race in question was held by his clients under certificate dated 16th November 1888 The defendants have evidently tried to take possession of the complainants' property on the strongth of a license to conBtruct a race granted on the distinct understanding that they were not to interfere with Complainant's rights in any way. Hie defendants had departed from the line they were understood to have constructed thenrace on and had placed thoir boxes m some places right on top of plaintiff's tail race. He thought he would be able to show that defendants had conßtructod no part of the race on the line appliod for. Henry It Dundas, .duly authorised surye»»r, deposed that the plan of ground provu »»de by him, and the portions of

the raoos were correctly defined. The witness dpscribed the relative positions of the races ; if any of Bell's fluming broke down through being full of water and tailings it would fill up Wong Jack's race—To Mr O'Reilly: Did not see the beginning or end of the race. Saw pegs at each corner of the claim but did not notice trenches. J. H. Chester deposed ho knew position of Wong Jack's claim and race; took sketch of ground in January last. On 11th December saw men working in race which was then in working order. I took measurements of tunnel and examined •e p cutting there; a race there, token sufficiently far away, would not interfere with Woi.g Jack s lace Would consider 15 to 20 feet a fair distance. Bell's j race, if 8 links av. av and 9 feat above the I 1 other, would interfere with Wong Jack's parly's forking. If Wong Jack brought up face 10 feet to tunnel it would bring Bell's boxes down. I saw two men working at ; bottom end of Island claim on 20th January, j —To Mr O'Reilly: On 11th December the ! Chinamen were deepening the nice. Have j not seen Bell's race since it was constructed, j Joseph Clarke, miner, Round Hill, deposed j he was well acquainted with tail races shown on plan in court Bell's race would interfere with Island claim ; the place where Bell's boxes are is wanted for waste material. If Wong Jack deepened his tail race Bell's boxes would come down; but if the boxes did come down it would benefit Wong Jack.—To the Warden: Don't think that Bell's race would interfere in the least with Wong Jaok's working, except at one place in the Island claim face; there is plenty of ground for Bell to take the race further away. L. W. Petchell deposed: Know race constructed by Bell and party. If Wong Jack's party work the full width of claim, will wash away both their own and Bell's race at one particular point. Wong Ling (Dunedin) was sworn in to take the evidence of the Chinese witnessos, tho first of whom was

Wong Jack, one of tho complainan ts, w ho deposed that Young Ming made the race he now holds at cost of £250. Bell did not make race along line applied for; if the race had been made on line pencilled on map it would have interfered with Island claim. Bell's race would have to be 17ft or 18ft from witness* race so as not to interfere. In original application Bell's race crosses witness' party's three times. [The witness upon being twice asked corrected himself, and said that aocording to Bell's original application it would only cross once.] Lee put box in our tail race, and when we objected they said the Warden had granted it to.them. Last Wednesday saw Lee wash matting off box. To Mr O'Reilly: I didn't see Lee wash matting, but my partner says he did. The party have seven men's ground in Preston gully. It is about three years since Young Ming left there. Young Ming deposed he constructed the greater part of the race now held by Wong Jack's party; the present holders made the rest. Kong Yek also gave evidenco as to construction of race. Wong Kin gave evidence as to marking out of raoe. The last witness called for complainant was Adam Anderson, solicitor, who deposod ho had appeared for Bell and Thurgood to apply for tail race. Don't know whether the plan produced is the same that was in Court whon application was made. Have no recolloction of making pencil line to indicate the proposed line of race. Don't know anything about it.

For the defenoe Mr O'Reilly called George Evans, storekeeper, Round Hill, who deposed he knew the ground well. The upper part of the tail race was not worked till November. When first saw raoe it was all sludged up; Bell and Thurgood applied for it and commenced working. Bell's raoe will not interfere in any way with Wong Jack's except when the corner of island claim is sluiced away, when it will bring down the boxes. Until recently there was no peg on the east side of the raoe (the lower corner peg of Island claim). Bell's race will not interfere with forking in Wong Jack's race —To Mr Young: Can swear there was no peg at the lower end of the island claim as we had timber direotly over where peg now stands.

Joseph Clarke, re-called, said there was a peg at the corner of the olaim at the time of Bell's application to run in. Thomas Hudson deposed that in September last the ground now in dispute was not being worked. There was no peg at the south end of the Island claim a fortnight ago, but there has been one put in since; there were also trenohes cut now, but there were none a few days ago. George Lee, one of the defendants, datailed the nature of the ground; the ground Bell's race goes through is all old worked ground. It being close on 6 o'clock at the conclusion of Mr Lee's evidence, the further hearing of the case was adjourned till next court day. The Warden remarked that he thought the proceedings altogether premature. After some argument as to the wording of the oomplaint Mr Young applied to amend same to read: " injury to tail race including fluming and boxes." —Mr O'Beilly objected, as complainants case was closed.—The Warden, however, decided to make the amendment. Mr Young then asked the Warden to issue an injunction to restrain defendants from working in the race in dispute pending decision of case.—Mr O'Beilly said he could not agree to that; it was hard enough for his clients to have to answer the complaint without having to cease work.—The Warden said the request should have been made in writing and within office hours. —[Mr O'Reilly and his clients here left the Court].— Mr Young said if work was not stopped there would surely be trouble. Ho asked His Worship to remain for a few moments when he would write out the formal request.—On receiving the written notice the Warden issued the injunction. A trespass suit Thurgood, Lee and Hudson v. Cong Yek was withdrawn on the application of Mr O'Reilly; the other case, he explained, covered exactly the same grounds.