WARDEN'S COURT.

Western Star, Issue 1353, 11 May 1889, Page 2

WARDEN'S COURT.

Friday, 10 m May. (Before H. McOulloch, Esq., Warden). CLAIMS. Ah Set and Ly Sio, two men's ground, on east aide corduroy road, Round Hill.—Adjourned till next Court day. Neil McDonald and others,quartz claim, 10 men's ground, 1000 ft long by 300 ft on each side, about three miles south of Merrivale homestead.—Granle.l. Robert Cleave and othors, quartz claim, 10 men's ground, being 1000 ft by 600 ft, about three miles South-East from Merriva-le. —Granted. Cong Why, two men's ground, at Cumming's Gully, Round Hill.—Adjourned itill next Court day. TAIL RACKS. Lun Chew Bong extension in width of race No. 1905, from 3ft to 30ft for the purpose of constructing a double tail race ; said tail race commencing in Preston's Gully and terminating in Orewera Creek.—Granted. G. and D. Pont, eomnaencing in Skeleton Gully and terminating 15 chains below apdlicants' claim; length, 15 chains. —Mr Young for applicants; Mr Lyle for objector. James Haigh. The posting of the notice having been proved, James Phillips was called on behalf of objector, and deposed that he only saw one notice of Pont's; it was from 10 to i 5 yards below terminus of Hriuh's 15chain race. [Pont statocl, he posted one notice 12 yards from Haigh's and the other at the claim.] Witness had no idea where Pont's claim was, but according to the application the race covers the same ground'as j-la ghV. There is not rojin for two races n Skeleton Gully where the uotices are.—Mr Young said the race would hot interfere with Haigh's race in any way. Pout's line went down a blind gully and terminated in Skeleton Gully. His clients h'ad only be n --errnrl with objections at 6 o'clock the pruu <us u gut.—George Pont, ouo of the applicants, stated the race startod in a blind gully that emptied into Skeleton Gully.—Mi Young said the whole confusion arose out of applicants taking the commencement point of race at claim, wbere.is in the application made out by him the lower point was described as the starting point. He was of opinion that the lower end should rightly he taken as the commencement of any race.—ln answer to Mr Lyle, Pont said his claim was about 6 chains from Haigh's.—The Warden said the application would be granted, subject of course to existing rights. Costs against objector, 10s 6d. Ah Wing, commencing at applicant's claim, in Tuanoa Gully, Round Hill, and terminating at Orewera Greek; length, five chains.— Adjourned till 31st May. Henry and George Cooper, already constructed, commencing at peg at ap plicants' sludge dam, at. Taunoa Creek, near Fortune's tail racß and Crockett's hut, Orepuki, and terminating at applicants' claim, Prospectors' Terrace, Oropuki; length, 18 chains.—Granted.

WATER RACES. George and D. Font, commencing in North - ' E ist branch of Oraki Creek, picking up all the water in eight small branched of the Jraki Creek, which the race will cross, and terminating at applicants' claim, on east side A Skoleton Gully, Round Hill; length, 120 chains.—(Objected to by James Haigb). Mr Lyle, who appeared for the objector, said that the application took in water granted to his client, and included in certificate put in.— Mr Young, wbo appeared for applicant, replied that the rights held by Haigh had been carefully excluded from application. There wore 10 small branches of the Oraki Creek, and the two held by Haigh were not included in the eight mentioned in application.—The application was granted. DAMS. George and D. Font, on old railway lino, oasc of Skeleton Gully; area, 2000 square feet.—Withdrawn. Cong Why and another, on terrace between Californian and Curaming's Gullies; area, oue-eigbth of au acre.—Adjourned.

PROTECTION. J Concber, 90 days, for claim and tail raco, at Round Hill.—No appearance; struck out. MINING SUITS. Joseph Lyle v. C. and W. Bates, Merrivale, for failing to renew water race license, No. 16,645. Mr Lyle stated that the action was a friendly one to enable defendant to get title to race. After hearing Mr Young on behalf of defendants, His Worship inflicted a fine of s<, and oruered the license to be removed. R. Foster and another v. Concber and others. This case, which was before the Court at the previous sitting, was adjourned J. P. Young, as agent for Wong Jack and party, v. Joseph Tburgood and party. Com' plaint—they That defendants disobeyed an injunction made by the Warden to suspend all working on the upper part of the tail race, •5 chains, 40 links in length, being part of the matter in dispute, now the subject of appeal to the District Court. Mr O'Reiliy for defendant said he had a preliminary objection to make. Your Worship h >d ruled at the hearing of the suit that thore was a portion of raoe not included in case out at the tail oud of the hearing compluinants shifted their ground so as to include this. Ad the hearing this raci was shown to be a branch of a branch. It thuu appeared that the camplainants had been working this

face for two days, and it was alleged had deposited some gold in the race. Now that was fclio only grounds Wong Jack's party had for interference; the using of the race could not injure them, on the contrary it would be to their beuefit inasmuch as if the race was granted to thom they would have the benefit of defendants' work, and any gold that might be in the race from defendants' claim which was not in dispute. With regard to the injunction, ho should have liked Mr Finn to have boon present to hear what he h-id to iuy. Your Worship gave decision against the present complainants, who appealed to the District Court and a few days afterwards he met Mr Finn, who said his party were going to apply for an injunction. He (Mr O'lleilly) then said—lf you undertake not to

interfere with our workings, we'll undertake not to wash up. They agreed to that, and the agreement was drawn up and signed. No injunction was made, we being satisfied with the agreement. We have kept the agreement strictly, while on the othor hand, Wong Jack's party have gone outside their rights and damaged his clients' fluming j the Ohmamen had gone 50 teet outside their ground below the Island claim, and had Jamiged his clients'property to the amount of £2OO. Mr Young had gone to one of his clients and said to him—'' You have broken the agreement," and when he was told that such was not the case, he then said—" Well, you are going to, by putting matting in the boxes," and threatened proceedings. [Mr Young: I deny that]. His clients had put matting in, but he could call evidence to prove that that is not washing up. Under these circumstances tliß present suit had been brought. Mr O'fteilly then prgceeded tQ read tfie apr

plication for injunction, and contended there was no legal summons—first and foremost there must be something on which to issue a summons, but there was another thing ; the summons they did get was not sealed. At least the summons was ae.tled before it h'ft the office and was afterwards signed. Tbo former Clerk, it would appear, kept such documents all roady sealed, and the one in question had been signed, as he said, after the seal was attached. If on no othor ground it was cloar the summons was bad, and he would ask that the present proceedings be dismissed with costs. Mr Young said he was placed in an awkward position, owing to the absence of Mr Finn, who hid telegraphed him that he had bren called away, and was nnabje, to attend. What he said was . that ' defendants woro washing up. He would ask that argument be adjourned for" Mr Finn's attendance'. Mr O'Reilly contended there was nothing to argue; the Court had nothiag before it. '■■ > j is The Warden said he ought to comply with Mr O'Reilly request.. The information wouli be dismissed. Mr O'Reilly then brought forward a number of arguments Why an injunction should not be issued, although he was prepared to accept one in terms of the agreement entered into. Mr Young said he could not agree to that; they would abandon agreement. Mr O'Reiliy then drew attention to tho order of injunction, which was not properly stated ; and characterised it as dishonest. Mr Young objected to the term and denied that such was the case. ' . ::;••;;/ Tho Warden held that lifting the mattings was washing up. \He thought it would be best to vary the injunction. -As the case was to be reheard, in the appeal court matters ought to be kept distinctly as they were. After some further argument, 1 ;; it was mutually agreed that Mr Joseph 1 "Clarke be appointed receiver of any gold that came from the mattings in the race, and that complainants desist from doing any further work that would injure in any way the fluming of defendants. • ' •' The Warden issued an injunction on these terms. '■ ; ■'•:'•■• • ii .'■> >.nu-lt ♦ ■.",.;■[ V'L KB JIDENT MAGISTRATE'S COURT. Friday, 10rH May, 1889. (Before H. McCulloch. Esq., R.M.) CIVIL CASES. James Wright v. Rodger Finnerty.—Claim, £1 5s 6d. Mr Anderson for plaintiff.— Judgment for amount claimed and costs, 16s 6d. Two other cases, in which the same plaintiff sued for recovery of liquor, &c., were defended. In one he obtained judgment for 2s, amount sued for £3 17s, and-in tHeJother £1 Is with costs £110s; the'amount Jought to be recovered being £2 lis. Mr Anderson was for plaintiff, and Mr O'Reilly, in both cases i for defendants./', ; .'i\j/.lslii ? : \\ fl