WARDEN'S COURT.

Western Star, Issue 1574, 27 June 1891, Page 3

WARDEN'S COURT.

——■* Thursday, 25th June. (Before Mr Warden Rawson). EKSIDISKCK AKEA. Young Wah, residence site, 58ft x 80ffc, at Canton, Round Hill. Mr Evans for applicant. Mr Taylor formally objected to Iho application—Mr Evans said the application was for the same area of ground that applicant at present held under a business hcense -The Warden said that as applicant did no I want to increase tho extentof ground he held, the granting of the application would make no difference so far as tho miners were conconcerned, as compensation would have to c paid in any case before they could enter tIK ground for roiling purposes. Ho wonl.l grant the application. CIAIM. H. B. Cbambers, four men's ground, 282 ft x 141 ft, at Round Hill, about 200 ft from W. Anderson and party's claim. Mr layloi for applicant.—Granted. BRANCH RACES. James Hill, branch from water race ul Hill's Croek, Round Hill, two chains from head of said race to water race about tour chains from the head. Mr Port for applicant. —Granted. Round Hill Syndicate bianch from two chains west of Port's but, Round Hill, to ap plioants* Bpecial claim of 20 acres.—Grnutod. Round Hill Syndicate, from nine charm--. above 20-acre claim, connecting two dams in Dynam's Gully to applicants' 20-acre claim, Gully, Round Hill.-Granled Round Hill Syndicate branch from end o! Port's race, on* Californian Terrace, to aplioants'epeoial claim of 20 acres.—Granted. TAIX RACKS. John Hogg and others, tail race, comraencinein the Orewera Creek, between Tbornhill * hut and Stewart and Dyke's tail race, and terminating at applicants' claim near Carrol » hnt, Round Hill. Mr Port for applicants.— Granted. WATEU RACES. Thomas Cullen aod James Clark, for water race commencing about 40 chains from mouth of North Creek, Preservation Inlet and terminating in water race from small creek to applicants' claim. Mr Evans for applicants. —Granted, , Thomas Cullen and James Clark, for water race commencing in small creek, Preservation Inlet, about 30 chains above applicants claim, and terminating at applicants' claim near beach, Price's Bay. M r Evans for applicants. —Granted. _, , Thomas Cullen and James Clark, commencing at Buck Creek, Preservation Inlet, about 40 Chains from the mouth of such creek, and terminating at a point in water race from Bmall creek: to applicants' claim. Mi Evans for applicants.—Granted. BB3IDBNT MAGISTRATE'S COURT. Thursday, 25th June. (Before C. E. Rawson. Esq., R.M.) ASSAULT. A man named Cahill was charged, with having assaulted Mrs Wyatfc at Round Hill on the 20th inst bv striking her on the head with his clenched fist, and kicking her. Mr Anderson for complainant; Mr O Reilly for defendant. Prom the evidence given by complainant, her sister (Miss McCabe),aud a witness named W. Smith, it- appeared that defendant entered E. C. Roberts' residence (where Mrs Wyatt staled she was employed as housekeeper) between eight and nine o'clock on tho morning in question by pushing open the door. Prosecutrix ordered him out -when he struck her on the bead aod kicked her. Sho admitted hitting-not scratching, she never scratched—him in selfdefence, when he rushed into the room, and said tho marks shown by accused oil his throat were made by her.-Dr Nelson deposed to having examined complainant and feund a bruise on a dangerous spot behind her left ear. and a bruise on the right leg. The iniuries were neither very extensive nor dangerous.—Mr O'Reilly pleaded in mitigation of penalty that accused was the only anoDort of his mother and had already lost his situation through the affair.-His Worship said defendant was deserving of severe punishment for tho assault, but as he bad already lost his situation, he would only inflict a nominal penalty. Defendant would he fined 5s and costs The costs would be heavv (£2 15s 6dl, otherwise ho would have impo'sed a much heavier fine. The amount to be paid on or before 9th July; in default fourteen days' imprisonment in Jnvercargill gaol. CIVII CASES. Moore v. Brag.—Summous not served properly. Adjourned to 10th July. Groves v. Mannix.—Mr Anderson, for plaintiff, asked for an adjournment to 10th July,-which was granted. Groves v. A.Thomson.— Adjourned to lOlh "Bridge r. Barker.—Claim, 12?. for Uiodieine supplied. Mr Anderson for plaintiff Verdict fo:- amount claimed, with lbs M costs. ' _, . _, . ' Round Hill Syndicate v. Chin Clung.— Claim, £ t 10s for rent of water. For plaintiff?, with Gs costs. ■ Roberts v Lv Muk and Ly Yeo.—Claim, £8 Is, balance of account for meat supplied. Mr Anderson for plaintiff; Mr O'Reilly for defendants. Defendants filed a set-off for £4 14s 6d for goods sold and delivered, and £4 cash paid, and paid £1 5 3 6d into Court; 7 H 6din full satisfaction of tho claim, and 18s costs. Plaintiff admitted £2 13s for five tins of tea he had received from defendants, who are storekeepers at Round Hill—Defendants deposed that they paid £1 in cash in Jannarv, 1891, towards the account for which they were now charged and[got 1 receipt for the amount. On the 14th of the present month plaintiff was in their store in reference to settlement of accounts, «nd asked to see tho former account he bad Kiven' them. Ly Muk handed him the receipt for tho £4, and along with another account he had brought in to them, he put it in his pocket and went away saying the account was wrong. Ly Yee, Chee Hins and Tjt Chap deposed to having seen plamtilt put the receipt in his pocket and go away with if, Lv Hak, Cong Ken stated that thoy yaw Lv Muk pay Roberts four single notes in January last and get a receipt for same.— -Plaintiff denied having received this money. He was not in defendants' .store at all in T-mnarv In Fobruary ho had gone to ask ptl mentof his account, and was met with fulsome old excuse that they had no money. He had gone with Choo Iliug to get defendants to aUer a bill thoy had rendered him, and the bill he pnt i«. his pocket was not a rn-eiDt but tho one now produced—Hit, Wovfhin said p'aintifl had failed to substantiate his <* se > and save J ut^mTOt * or an v;" nfc p,Td into Court; costs, £i 19s to be paid by P, n D A ff port v. Joe Park, Joe Nan and Joe CWo w.-Claim, M 10s, &r services rendered SrTonluT for defendants. This matter Jronpednp in the case between Port and S for adjustment of accounts heard las l£r When plaintiff put in his present claim, defendant stated he had no interest in the firm lor which the work was dun*, but nWntiff had subsequently discovered tnat Snuantvras a partner in the firm of Wy Keel sometimes known as Joe Ohow.-De-f ndant alleged plaintiff had agreed ihafc ho would not charge for any v r,f this kiud, as he stayed at witness visited Round Hill.-TheMagis-trato said that plaintiff was entitled to charge work-it was his living; and « would require strong evidence to show that he had agreed to do it gratis. It was a very •Tonal thins in the colonies to charge a n n for giv'ng W» a ni * ht ' s ]nd^s tt a n Judgment for plaintiff for amount Z B imi!ar case to the previous one, the claim

being (or boating stoics up tho river for defcivlaut'a party while they wrro cngagod in cutting water race for his father ; also 12a paid for cutting truck—The same defence was set up, that on account of tho close re- i l.itions that existod between tho parties, j plaintiff had agreed to do the work for i nothing.—His Worship thought tbo story a very improbablo ono. Tho only thing hu did not like about it, was io allowing tho bills to run so long. Jndgmont for amount claimed with £2 8s costs.