POLICE & WARDEN'S COURTS

Dunstan Times, Issue 336, 2 October 1868, Page 3

POLICE & WARDEN'S COURTS

CLYDE. (Before Vincent Pyke, Esq,, R.M. and Warden. Tuesday, Sept. 29. Wcstwood v. Munford.—Assault. Fined 20s. and Costs. Feraud v. Anderson.—Mr. W. L. Bailey for Complainan 1 ;. Information under the " Malicious Injuries Act " —damages for breaking a gate. A farm laborer, named Norton, deposed , to defendant having broken the lock off complainant's gate, and driven his horses and dray through the gateway, although warned that such wa3 not a public road. Defendant replied that he was passing along the Wai Keri Keri Valley with his team of horses following along a roadway, when lie came to an obstruction in the form of a locke 1 gate ; he applied to witness for the key, which was refused and was told to go back, and h3 removed the lock, believing the roadway to be a public road. magistrate inflicted a fine of £1 and Cs3ii!, considering that a sufficient amount complainant not having placed some mark or notice where there was no obstruction to the road. Lehey v. Wickham.—Disrnissel. No appearance of either party. WARDEN'S COURT. Munford and others v. Westwood—lllegally interfering with a water-race ; damages claimed £lO. Mr. W. L. Bailey for defendant. Mr. W Munford conducted the case for himself and partners, and called. J. W. Buckland, who deposed that, on the 17th instant, the whole of their water was turned off in defendant's paddock into his ploughed land, and that a man employed by defendant acknowledged to have done so by defendant's orders. Their usual supply of water had been short for three days, and no obstruction at any other point on their race existed. In crocs examination,

witness could not swear that exactly £lO , worth of damages had been done. . / Z William Blackwell, in the employ of defendant deposed :—That on the 17th inst. he did divert the water from complainant's water-race, but at no other time ; he was not directed to do so by his employer ; he was watering some trees and shrubs which were planted within two feet of the race. This witness while in course of cross-ex-amination by Mr. Bailey prevaricated to such an extent, as to call down an admonition from the Bench. Mr. Bailey acknowledged to have taken water from the race, but had not done damage to anything like the amount claimed ; the witness Buckland had jumped defendant's fence, and trespassed upon his land. The Warden gave a verdict for £2 10s Od damages, with Costs, and remarked that complainants were entitled to a breadth of five feet on each side of their water-race, with free access thereto. M'Morran, Brothers.—Application for an Agricultural Lease.—No objections ; recommended. Mr. Richards - Application to transfer a water license; granted. Bsnjamin Hickman applie 1 to take posession of an abandoned water-race at Senora Creek. Richard Felton objected on the ground that, he had not abandoned the race ; it was us less on account of their being an insufficient supply of water. The Bench ruled that a water-race could not be abandoned ; a water-right might become forfeited through non-compliance with the Mining Regulations, but it would require sufficient evidence of such, to be produced in Court, before a forfeiture could be declared. Applicant had not produced the proofs required. CROMWELL. Wednesday, Sept. 30. The Police v. Roberts—Defendant was charged with ill treating two horses ; working tliem with very sore shoulders. The horses were the property of Mr. W. J. Barry. Fined ±3 an i Costs. Barry v. Towers—lllegal detention of a horse. Ordered to be returned forthwith. Same v. Same.— Claim for £2O damages done to two horses, the same as referred to in first ease Verdict for £5 and Costs. Hurley v. Nicholas—Claim for £1 10s Od cartage of coals. Dismissed with costs; the existence of a partnership between plaintiff and defendant having been proved. Box v. Thomas and Hutton—lllegally trespassing on premises. Dismissed. ALEXANDRA, Monday, September 28. W. Chamberlain, an old offender, was charged with being drank and disorderly.— Pined 20s. or forty-eight hours' imprisonment with hard labor. John Brown uas charged with being drunk and disorderly, and resisting the Police in the execution of their duty.— Fined i's. The delinquent was cautioned , by the Bench, that if ho was brought up' again, the full penalty of the law would be jutiicted. James Reid drunk and disorderly.—Fined £3. In the Warden's Court fourteen mining applications were heard and disposed of. BLACKS. Thursday, 24th Sept. Needham v. Realey—Disputed claim, adjourned from last week for production of proof of Plaintiff's Miner's Right. Proof having been now been adduced, a decision was given ; the claim to be restored to plaintiff, sufficient reason for non-work thereof having in the opinion of the Court been assigned. Hinchliffe v. Burnett—Complaint, stopping of private roadway at Drybread. Decision :—Roadway to be re-opened, and gates replaced by defendant, Wee Gee and another v. Shepherd and others- -Complaint of unlawful interference with a claim in Devonshire Gully. The evidence went to show that, the Defendants had driven the plaintiffs out of their claim, which had been granted to the latter last Court day. Defendants admitted the fact, but urged in extenuation, that they were under the belief that the claim adjudged to the Chinamen was outside the uisputed ground. The Warden gave the defendants the benefit of the doubt, and as they had not attempted to work the ground in the interval, the penalty was reduced to one shilling ; at the same time awarding the plaintiffs £5 damages for loss of time, and adjudging the defendants to pay also the costs ot Court. The claim was restored to the Chinamen, an 1 the defendants were warned not to further interfere. A large number of mining applications were entertained and disposed of. In several cases where the applicants failed to appear the applications were struck out, and the Warden intimated that in future all such applications would be heard seriatim as in irdinary cases, and that unless the applicants were present when called on, their applications would be struck off the records of the Court.