THE COURTS.

Western Star, Issue 1969, 8 December 1894, Page 2

THE COURTS.

WARDEN’S (Before G.B. Eawson, Esq ,S.M and Warden) Friday, Dec. 7th. F Harding McLaurin’s application for a licensed holding, Cromarty, was adjourned to second court day in February (Mr Moffett). The Round Hill Mining Co Ltd, special claim at Round Hill. Objected to by Jno Ramsay and Party. Mr Hall for the applicants, and Mr O’Reilly for the objectors, .At the outset Mr Hall raised the question of insufficiency of notice of objection by the objectors. The notice had only been served at 9 o’clock on Friday morning. The Warden ruled that notice should have been served prior to day of hearing, and defined day of hearing to be the day on which the case was first called and heard. Objectors therefore had no standing, but could lodge objections before the final hearing which he fixed for the 21st inst. On the application of Mr Hall the Round Hill Mining Co were gianted a tail race near the Co’s No 2 Elevator, Round Hill. Robt Erskine and Party (Mr Poi’t) applied for a tail race from special claim recently obtained to South side of dam erected by the Round Hill Mining Co. Granted; to terminate at the eastern boundary of the Co’s main tail race No 20760 and with powe” to run into and through the said tail race, subject to 107 of “The Mining Act 1891.” No 83. The conditional grant was made at the suggestion of Mr Hall instructed by the company. Andrew Peterson (Mr Anderson) dam, Wilson’s River, adjourned to next court day; also his application for water race. On the application of Mr Young, Jas Meupes and others were granted a water-race in the west tributary of Cameron’s Creek, west side of Waiau ; also a water-race on Hut Creek half-a-mile from the sea beach. A. Fold’s (Mr Anderson) application for a water-race, Wilson liiver, was adjourned to next court day. On the application of Mr Evans the New Zealand Pine Co were granted a water-race and dam, commencing in Stoney Creek Colae. The grant is subject to the approval of the County engineer where it crosses the Corduroy road. R. B. Williams’ (Mr Lyle) application for protection for 6 months for St. George claim, Cuttle Cove, was adjourned to next court day. The same applicant’s application for protection for Crown claim, in the same locality, was likewise adjourned.

MAGISTRATE’S. Jno Taylor v. Henry Barry Claim £lB 6s 3d. Mr Anderson for the plaintiff, and Mr O’Reilly for the defendant. The case arose out of a contract for building a four roomed house. After hearing evidence his Worship said he could hardly understand plaintiff’s claim. The contract had been a very loose one, with no specific agreement, and if the plaintiff suffered he had himself to blame. Ho considered the plaintiff had been fully paid for what he had done, and would give judgment for the defendant with costs £1 9s. Bristow Savage v. W Charleston. Claim £3 15s lid value of goods and cash lent. Mr Ward for the plaintiff and Mr Anderson for the defendant. Defendant confessed indebtedness to the extent of £2 0s lid, but denied owing the balance 355, £L 10s of which he had paid plaintiff in cash, but had not obtained a receipt, and the 5s he did not acknowledge as it was paid for a ticket without his authority. Plaintiff as positively asserted that he had not been paid the 30s and would waive his claim for the ss. After hearing evidence his Worship said it was a case of oath against oath. He said it was a rule of law that the plaintiff must prove his case not by the weakness of the other side but by the strength of his own. That had not been done, and judgment would be for the defendant for the 30s, and for the plaintiff for the £2 Os lid which defendant admitted he owed, defendant to pay £1 12s costs. Jno Pattison v. J S Neave, Gore Claim £lO, second instalment of a debt incurred for board for which the plaintiff obtained judgment some time ago. Mr Moffett appeared for the plaintiff—defendant was not represented—and asked that an order be made, as his client could not get the money. His Worship ordered it to be paid forthwith ; in default to be imprisoned for 14 days in Invercargill gaol.