WARDEN’S COURT, CROMWELL.

Cromwell Argus, Volume III, Issue 118, 13 February 1872, Page 5

WARDEN’S COURT, CROMWELL.

Thursday, February 8. (Before Vincent Pylce, Esq., Judge ami Warden.) Trading without a Business License.—A complaint of this nature, preferred by Sergeant Cassels against Jesse Alley, of Carrickton, was | withdrawn,—the defendant having since the | * previous sitting of the Court obtained a business ' c license. ! ~ Francis Bolton v. John Saul. —This was a 1 ] suit to compel the defendant to transfer a half- j share in the Eight-mile and Lagoon Water Race | j to the plaintiff, or pay £SOO damages in lieu of; ] transfer.' The defendant pleaded not indebted, , which was equivalent to a-denial of the aliega-1 tions implied in the plaint-note. Mr Allanby, ' counsel for plaintiff, stated the case : —Un the i. 9th October 1871, the defendant Saul sold to | Bolton a one-half share in the Eight-mile and !. Lagoon Water Race, (situated near Sandy Point, |, Upper Clutha), for the sum of £55. Bokon paid I a deposit of £lO on the day of purchase, and it ‘ was agreed that he should pay the balance on I the 17th December. The 17th falling on a Sun- 1 day, the remainder of the purchase-money was not paid on that date, but the complainant went to defendant four days afterwards and asked him to complete the transaction, which the defendant refused to do, alleging as a reason that he had sold the share to another person. Plaintiff had a valuable claim, and if he did not obtain the water, the ground would become useless { to him.—Francis Bolton, the plaintiff, deposed : I On the 9th October last I bought a half-share in 1 i defendant’s water-race for £55, and gave him | £lO on account, agreeing to pay the remaining j £45 on the 17th December. I also leased from defendant at the same time the other half of the i water for a term of two years, at a rental of ss. j a week. I have repeatedly offered to pay the i balance due to defendant, but he has always | refused to receive it, saying the share had been I j sold to another party long since. My mate and j I have made as much as £9 a week each in the 1 claim I now hold, and there is ground sufficient! to last for a couple of years.—John Saul, the j defendant, (who had been subpeenaed on behalf ! of plaintiff), examined by Mr Allanby : On the i 9th October last I was the owner of the Eight- j mile,and Lagoon Water Race. I agreed to sell i to plaintiff one-half share in the race for £55, of, which sum he paid £lO as a deposit, and pro-! mised the balance on the 17th December. He; did not come to pay the balance until live days 1 | after the time agreed upon ; and when he did j I come, the race was sold to another.—Defendant then gave evidence on his own behalf: The ] plaintiff knew I was pressed for money on the ; ■ 17th, and that I could not wait longer than | ! that. On the ‘2lst, when he came and asked me I whether the transfer was ready, he did not offer I ;to pay me any money. I refuse, to the last blood in ray body, to transfer the share.—His i Worship said it was proved that Bolton had not j fulfilled his part of the agreement as to time of payment, and judgment was therefore given for i the, de/endant, who would be allowed 20s. for j | expenses. Adolph Lehmann v. Louis Jean.—This was: | a complaint against defen lant for refusing to j j comply with section 14, reg. 12.—in other words, j for stopping water flowing down the natural' j channel of a stream. His Worship said the real j j offence was diverting water without a certili- j i cate,” but he could not hear the case in its fire- j j sent shape : the law did not recognise any such 1 offence as that stated in the complaint. Case! dismissed. APPLICATIONS. Extended Claims. David Murley and another, two acres a Ijoiuiug Gorman and Hayes’ extended claim, Surface Point, Kawarau Gorge : granted. ' Uexander Rintoul and three others, four acres ! adjoining Stephens and party’s, Bannockburn : adjourned for fourteen days, to give time for j advertising. Tail Hare. —Abraham Chadwick and another, 40 yards long, from claim in Pipeclay Gully. Protection. —John Jackson and five others. GO i days, quartz-claim No. I west of Border Chief (to test reef); William M‘Nannra and fivej | others, 00 days, quartz-claim No. 1 north of the j Royal Standard claim (to test reef) ; John! I Wrightson and five others, GO Jays, quartzj claim No. 1 west of the Heart of Oak claim (to I test reef) ; Robert Fergus m and five others, GO days, quartz-claim No. I north of the Young j Australian claim (to test reef). These applica- 1 tions were all granted, two men to be employed 1 jin each claim.—John Bruce and another, GO l days, alluvial claim in Smith’s Gully : granted, i —David Elliott and three others, 60 days, quartz- | claim at the head of Pipeclay Gully, quarter of a mile south of the Royal Stan lard claim (to test | reef): granted.—Edward Tupker and five others, | 60 days, quartz-claim No. 1 south-west of the j Robert Burns claim : granted. Water Races. —Tames Tavlor and six others 1 (representing the Carrick Range Water Supply j Company,) applied for 20 sluice heads from Coal> Creek, above the fork ; also, for two sluice-heads ; from each of eight different streams on the line | of race proposed for the above. Mr Smythies, | Secretary to the Company, apoeare I for the ap- j plicints, and asked that the hearing might bo j adjourned. The Warden granted* an adjournI ment for fourteen day's.—William Miller and’ . another, eight sluice-heads from a point above ' | the Mount Pisa Hut, in Luggate Creek : no ap- i j pearance.—John Bowen, one sluice-head, 500 j 1 yards below Adams’s Gully : granted.—Francis | : Bolton, extension of licensed water-race : ob- 1 Ijectedto by Saul and O’Brien, and refused.— ! j John Bailey and another, one sluice-head from j | Stewart and Menzies’ race, in Bailey’s Gully : j granted. Dams. Tames Marshall, legal manager of the Star of the East and Heart of Oik Quartz Mining Companies, a dam adjoining their special site at i Garrick Range, and another 29 yards to the i eastward : both granted. ! Agricultural Lease. —Tohn "M'Lein (adjourned j from last Court-day): again adjourned for fouri teen days. Mining Lease. — James Hazlett and seven others, lu( acres, quartz-claim at Carrick Ranee No objections. Lease granted—the certificate to issue as from the present d ite, on payment of half-year’s rent, as required by Section IS, Part TV., of the Otago Gold-fields Regulations of : December S, 1871.