THE COURTS.

Cromwell Argus, Volume 2, Issue 85, 27 June 1871, Page 6

THE COURTS.

RESIDENT MAGISTRATE’S COURT, CROMWELL. —o — Thursday, June 22. (Before Vincent P>jhe, Esq., E.M.) UNREGISTERED GOATS.

James Scott was informed against by the J police, for having five unregistered goats, which were in the habit of wandering within the Municipality. ' Mr Brough appeared for the defence. The summons being informal the case was withdrawn. A fresh summons wa3 ordered to issue. UNLICENSED BILLIARD TABLE. W. Goodall, of the Bemligo Reefs Hotel, Wakefield, was charged by Sergeant Cassels with having, on June Ist., an unlicensed billiard table exposed for play on his premises. The defence was that Mr Goodall had sent £25 down to Dunedin for a general and billiard license ; but by some mistake a, general and night license had been sent up. Mr Pyke said he would not hold the defendant responsible for the error of a Treasury clerk, and adjourned the case for a fortnight, in order to give time for the error to be rectified. Meanwhile the billiard table must not be exposed for play. THE WRCNG PARTT SUED. Halliday v. Nicholas.—This was a re-hearing of a case decided, on a previous day, in favor of Halliday. The re-hearing had been granted on James Nicholas's application, on condition that he paid expenses of witnesses' and costs of Court. Mr Wilson for plaintiff; Mr Brough for defendant. Defendant pleaded not indebted. It appeared that the debt was really incurred in July, 1870, by one Morgan Rhys, who had once been a partner of Nicholas; but the partnership had been dissolved ; and the goods in question had been obtained entirely by and for the use of M organ Rhys. Halliday was, therefore, nonsuited with costs. DEBT. Colclough Bros. v. Jane Blackwood.—No appearance of defendant. Judgment for £l6 19s 5d and costs. Kelsall and Wilson r. Barnes.—This was an adjourned case, to recover a sum of money due for goods, &c, supplied Mr Brough appeared for the plaintiffs. The evidence was somewhat confused, and the defendant was unable to produce the receipts which, on a former occasion, he said he had. Judgment was given for £7 5s 3d and costs. LICENSE. The license of Mr Richards, for the Bannockburn Hotel, was renewed. WARDEN'S COURT, CROMWELL. —o— Wednesday, June 15. (Before Viwxni Pyke, K<q., Judge and Warden.) THE AURORA COMPANY. Halcrow and others v. Hazlett and others.— To recover £ls damages for the unlawful removal by defendants of a box from complainants' (turning, in Swiper's Gully. Mr Brough for complainants ; Mr Wilson for defendants (who are working the Aurora Co.'a claim on tribute.) The removal of the box was admitted, and the case resolved itself into a question of title to the race and lluming, and of the real damage sustained, supposing Halcrow and party to be the rightful owners. Messrs Alldread, J. Gcer, C. Murray, and E. G. Barnes gave evidence in support of Halcrow and party's title to the race and lluming ; and evidence of purchase of right, title, and interest was given. An agreement was put in, by which it was attempted to be shown that after six months i from a certain date the complainants forfeited j all rights to the race and lluming, the same reI verting to the Aurora Company. Mr Wilson contended that that agreement was never cancelled. Evidence was taken which shewed that the agreement was cancelled by the act of the then manager of the Anrora Company, in cutting off complainant's supply of water. The Warden said the case was presented in a very unsatisfactory state ; but there was no doubt the tributers had acted improperly in forcibly removing the box in question. JS T o proper ownership had been proved in the Aurora Company ; and he therefore gave judgment for the complainants for £4, and cost::. Mr Wilson gave notice of appeal. THE ALTA COMPANY. A lease was granted to this Company. Mr Facho complained that the costs of survey were excessive (til(s). The Warden said he did not think they were. COAL PIT. The application of James Nicholas and mates for an extension of their area for coal-mining purposes on the banks of the Kawarau River, was adjourned, in order that a survey might be made and submitted to the Warden. AGH[CULTURAL LEASE. The Warden intimated that ho would hear objections to Mr M'Lean's application for an agricultural lease (on the Ardgour station) that day fortnight.

Thursday, June 22. The Warden intimated that he would hear Novello'a application the first next (this) week. THE AURIFEROUS GROUND AT FELTON's. Elliot v. Felton.—This was an adjourned case, The Warden stated that In had, in company with the applicant (Elliot), and tho objector (Felton), viewed tho ground. Mr Brough for the applicant ; Mr Wilson for objector. The Warden made a suggestion, arising from his inspection of the ground. Would it not be host (ho asked) in order to test its auriferous character, for Felton to permit' two trial shafts to be sunk, under proper regulations as regarded compensation for surface damage ? He (tho

Warden) thought Felton would do wisely to consent to this. After consultation with his client, Mr Wilson said Felton desired that the exact spots where the shafts would be sunk should be pointed out; and the precise terms of compensation for any injury done defined. After much argument it was agreed to leave the whole matter to the decision of the Warden. Two shafts to be sunk, as nearly as possible, at the places indicated on the plan drawn by Mr Smythies, and put in evidence. The terms and conditions to be fixed by the Warden on Saturday. COAL MINING.' The application of James Nicholas and Co., for an extended claim of three acres for coal mining purposes, at the north-west end, of Cromwell, was granted, subject to the coi •■*/• in writing of the Municipal authorities an ,e District Engineer, (the land in question Xing within the M unicipal boundary, and ne*r the line of road.) RESIDENT MAGISTRATE'S COURT, ALEXANDRA. Monday, June 19, 1871. (Before Vincent Pi/ke Esq , R.M.) o'Regan v. Buckley.—ln this case a distress warrant had been issued with no results. Plaintiff now applied for a warrant of imprisonment. Defendant was sentenced to four months' imprisonment. WARDEN'S COURT, ALEXANDRA. —o — Mouday, June 19, 1871. (Before Vincent Pi/ke, Esq., Judge and Warden.) APPLICATIONS. W. F. Forrest and party, 60 days' protection for race at Gorge Creek.—Granted. Webb and M'Gelligeu, 90 clays' protection for extended claim at Speargrass Flat.—Granted. Lees and party, for leave to construct a headrace from Blackman's Creek. Mr Brough appeared to object on behalf of Oliver and Knowles. —Application withdrawn. Buttolph and party, for leave to construe!; a dam and reservoir in Conroy's Creek. Objected to by Iverson and Co.—Adjourned. Buttolph and party, for leave to construct a head-race in Conroy's (..'reek. Objected to by Mr Brough, on behalf of Oliver and Knowles. Owing to the application notice having been mislaid in Court, it was adjourned for a week. P. Fox and party, for an extended claim of four ?cres on the b.iuk of the Molyneux.— Granted. S. Simmonds, for dam and head-race at Speargrass Flat.—Granted.