WARDEN'S COURT, CROMWELL.

Cromwell Argus, Volume III, Issue 114, 16 January 1872, Page 5

WARDEN'S COURT, CROMWELL.

0 Thursday, January 11. (Before Vincent Pyke, E"q., Judge and Warden.) Refusal to Transfer a Share.— James Ritchie and another v. William Smart. This complaint, the hearing of which had boen adjourned on the previous Court-day, was now withdrawn at complainants' request, and was discharged from the records ; complainants to pay lis. costs of Court, and 21s. professional fee. Adjourned for a Week.—George Gilford (Kawarau Gorge) v. James Butler (Carrick Range). This was an application for a dissolution of mining partnership between complainant and defendant, and for the compulsory adjustment of certain claims by the former against the latter. The defendant pleaded not indebted. George Gilford, the complainant, was sworn, but his evidence was so vague and inconclusive thai; his Worship decided to adjourn the case for a week, to enable the complainant to render proper accounts, and furnish copies of the same for the information of the Court. Claim for Rent of Water.—John Saul v. Francis Bolton (both of Sandy Point, Upper Clutha). Tiie complainant sought to recover £l7 for the use of a certain water-race for seventeen weeks from 11th August to 10th December, 1871. The plaintiff failed to prove any agreement on the part of defendant to pay £1 per week for the use of the water, and admitted having received £lO in October as part payment for purchase of the race. The defendant's evidence went to show that he had agreed to pay from the 9th October, ss. a w r eek for the use of half the plaintiff s water for two years, and that on the same date he agreed to purchase the other half of the race for £55, of which he paid defendant £lO. £2 10s. had been paid into Court on account of rent of water, and judgment was given for that amount, with costs of Court, and 21s. professional costs. Breach of Agreement.—James Ritchie and William Clyde sued Robert Smart for £IOO damages for breach of agreement to transfer a share in a quartz claim at Carrick Range. Mr Wilson for plaintiifs ; Mr Brough for defendant. From the evidence it appeared that the defendant had offered to transfer his interest in a certain claim to the plaintiffs, and that when the latter went to him to obtain his signature to the transfer, he told them he had changed his mind, and refused to carry out the agreement. His Worship gave judgment for £5, i with Court and professional costs. APPLICATIONS. Protection for GO days was granted to Jas. Gibson and five others for quartz claim 2\o. 1 east of the Heart of Oak (to test reef). Residence A rea. —The application of Thomas Horngan was struck out, the applica.it not appearing. Heal Races. — Robert Barnes and two others applied for two sluice-heads of water from a point seventy yards below Barnard and party's tail-race, Pipeclay Gully. Objections which had been lodged by Barnard's party were now partially withdrawn, a id the application was granted on condition that the bank necessary to be erected for diverting the water should not exceed twelve inches in height.—George Hogg and another applied for permission to take eight sluice-heads from a point 8!f miles up the Hawea River. The application had been objected to on the previous Court-day by E. H. Thomas, and was then adjourned to enable the parties to come to an understanding. His Worship granted the application,—the race to be ten feet from Thomas's race.—The application of Charles Hoffman and five others (Xil Desperanduin party) for two sluioe-heads from upper branch of Pipeclay Gully, was granted, subject to the following conditions agreed upon between the applicants and objectors :—" That the water shall be returned into the creek bed at a not lower portion of the creek than where the present application for right is posted indicating the termination of their race—i.e., at right angles from the peg."