WARDEN'S COURT, CROMWELL.

Cromwell Argus, Volume III, Issue 135, 11 June 1872, Page 5

WARDEN'S COURT, CROMWELL.

(Thursday, Juxe G. B^ortE. 11. Carew, Esq., Judge and Warden.) No Miner's Eight.—Ah Kat and Ah Qnoi •ere charged on the information of Sergeant tassels, inspector of licenses, with mining for old at Doctor's Flat without being possessed of Burners' rights. Neither of the defendants appeared, and the offence having bsen duly proved ply the Sergeant, they were each line 1 in the full \ penalty of £5, with lis. 6d. costs ; in default of tjnyment, distress ; and failing distress, fourteen jOdays' incarceration in Clyde Gaol. No Business Licexsk.—Archibald M'Lcod, licensee of the Rocky Point Junction Hotel, was complained against by Sergeant Cassels for neglecting to provide himself with a business license. The Sergeant stated that the license shown him by the defen lant ha 1 expired six ' 'months ago. The defendant, when called upon to plead, said he considere I that as he paid £2O ;ayenr for the privilege of sidling a few nobblers ! occasionally, and carried on no other l)asiuess, j it was enough to pay. The Warden state I that ! as defendant had taken out a business license since the issue of the suuimms, he would line! him £3, being the amount the license would have cost for the six months. Unlawful Ixt•irfrrkvc: Revv and Win rfrjELO v. EILZABWhQ.M. Co. (IiKOrSTEREP.) j This was an aljmncl case The substance I 'if the complaint was that the defendants had ciusel loss an I damage to complainants (who are the owners of a sUiicing-claim, tail-nice, and Hm in the gully below the Elizabeth battery) w allowing mud and tailings to flow down the channel of the stream and choke up complainants dam ; in consequence of which, as the complainants allege, they are unable to use the water for working their claim. The complainants therefore claim that defendants be adjudged to pay them £6O, and to cease doing the damage complained of. Mr Colclough, legal manager of the Elizabeth Company, p'eaded a general denial »t the allegations contained in the complaint. Mr Brough appeared as counsel for complaints. [tV e have full notes of the evidence taken in this case, but it is not sufficiently interesting for publication. Mr Colclough conducted the defence with considerable ability throughout. Hft contended that the water and'dam used by complainants belong to Mr Hancock, one of the Wizibeth shareholders, and not to the complainMr Brough, for complainants, maintained nat Hancock had given up the disputed dam to tochents, and contended" that the defendants tad no right to allow muddy water to flow on 0 complainants' claim. 1-The Judge said he would take time to consider the case, and would gwe his decision that day week. Stades S. Grater v. Tames Ritchie.—The complainant, who is employed by Mr Stuart as rerryman, but who styled himself a miner, "aimed £5 damages from the defendant, who is a contractor for the mason-work at the Bannockmirn Bridge, for unlawful interference with comI'ainants residence area, situate on the south w« of the Kawarau river, on the line of apPWaca to the proposed bridge; and furthe. caimeltlnt the defendant be restrained from 'Wther trespass on the said area. Messrs M 'Cor-

Mick, Grant, and Richards, the projectors of the bridge, were the real defendants, and they were represented by Mr Brough. Mr Allanby, who appeared for the complainant, said that on the 23rd of last February his client obtained a certificate for a residence area of one acre in Graver's Gully. The defendant had since entered upon that area, and cut a road through it. itades 8. Graver, sworn : I am a miner residing at Rannockburn, and hold a residence area. On June 3, and before that date, the defendant had a blacksmith's shop on the ground, and had men cutting a road through the area. When I spoke to defendant about the trespass, he gave me no proper answer. I intended to put up a fell - monger's shop on the ground when the bridge was completed ; but defendant's action will prevent me from doing so. - -Cross-examined by Mr Brough : 1 have no claim at present. I have been working at Mr Stuart's punt for the last twelve months ; Mr Stuart is my master, but he is not acquainted with my private business. The area is not yet fenced ; but the wire is on the ground, and whenever 1 can get the posts I will fence it.—Mr Brough addressed the Court for the defence, and quoted the mining regulations to show that Graver not having taken possession of the area, and fenced it, at once, had n > claim to it, and consequently no locus standi. He also produced a document, dated Dec. 4, an I approved by Mr l'yke, protecting M'Cormick in the occupancy of certain land on each side of the river, in which land was included this very area. —Mr M'Cormick was called by Mr Brough, and proved that (.'raver's area was included in the land protected to him by the Government.—The Warden aiked (-raver whether lie had told Mr Pyke where the ground was situated when he applied for the residence area ; to which Graver replied that he had described it as being in Graver's gully, but did not know at the time that a bridge was to be erected there.—The Warden sustained the objection raised by Mr Brough, to show that the complainant had no locus standi; and said that Mr Pyke had evidently granted the area to Graver in mistake, and in ignorance that it was required in connection with the approaches to the bridge. The complaint would be dismissed ; Graver to pay all Court costs, and each party to pay his own professional and other costs. APPLICATION'S. Water Races. —Xeil Campbell, five sluiceheads from Spreul's Creek, iNevis : granted.— Robert Burns Q.M. Cc. (Registered), two sluiceheads from a point ten chains west of the Nil Desperandum Co.'s race in Pipeclay < Jully. The Warden said lie had visited the ground, and the application was granted on condition that the water be discharged into the creek after use, so that it may not interfere with the right of the Nil Desperandum Co. Dam. —Nil Desperandum Q M. Co. (Registered), site for dam in Pipeclay Gully : granted.