RESIDENT MAGISTRATE'S COURT.

Cromwell Argus, Volume V, Issue 213, 9 December 1873, Page 7

RESIDENT MAGISTRATE'S COURT.

Friday, (Beffrp Wg Jjciwteme , Sir/ipsoth. i&tyi RM.) A. RTrCrtlE A HUTCHINSON.— Claim, £l3 17s. 2d. Defendant admitted claim, with exception of 15s. Juaglilent f6r £l3 . 2s. 2d. Same v, .D. Moore.—Claim, ,£4 14s; lid. Judgment by (Wadft/ r;r - ; f Judgment for 19s Gd., and costs. J. Sjcorr v, W. P&lLiipl —Claim, £ls, for damage Mohe'to paddock and crop at Prospect Plat..,.i Ik; <R Wilson,. -appeared for plaintiff.,,, Prom the evidence' brought forward for the plaintiff, it appeared that defendant had cot fetcesrV-hiflfbaß,i- And sluiced .portion of,. .the groupA upon which plaiptiff .had a crop.growing. Defendant pleaded that he had only done what ho was entitled'to do by virtue of his miner’s right; and disputed plaintiff's title to, the ground, and it appeared, however, that defendant had asked Mr Scott’s permission to cut a race across the ground; although permission was nob granted to the extent which had been taken by defendant. \ ' # ' ' Mr Simpson suggested that a question of title bad cropped up which would, oust the jurisdiction of the ;,Qpn'rt. y, v .M t . <r x ,, 5 ■ Mr Wilson, ariblmtted 'ppb ,;' that in such cases it must appear that there was' a prhm facie case, •which did not’appear Here, for the plaintiff ail along admitted the plaintifFs occupancy ; and having done so, and having asked plaintiff’s permission to enter, he would not be allowed now to turn round and dispute, it. The defendant claimed to justify his. acts by virtue of holding a miner’s right, which entitled him to prospect ; hut Mr Wilson-submitted that this was not enough—he must go on to shew that he had pegged’Out a piece of grdiindf; that prospecting Without pegging was not kflP'yii to the. law of New* Zealand ; and that to justify defendant’s act the miner’s right and pegging were both essential^.’; Mr WilsPniMso went on to say that section,.!) ; of..the Gold-flehls Act alloyed .compensation to person's in. lawful and hona fide occupation,.and np person such, as the defendant having a right to bust the plaintiff, plaintiff had a right to rpco'Ver; t There was ailoubt whether the land had been'proved-to be in a run, mid, therefore any question under that head might not he allowed.... v .... ; \..." ‘ The' Magistrate reserved judgment'for a week, and warned the defendant to do no further acts such as '‘those- complained of till judgment had been given. p-t .....