DISTRICT COURT, CLYDE.

Dunstan Times, Issue 653, 23 October 1874, Page 2

DISTRICT COURT, CLYDE.

- o TnrsRDAY, October 22. (Before His Honor Judge Gray.)

Phillippi (appellant) v. Felton (respon, dent).—Mr W. Johnston Cromwell, for appellant ; and Mr F J. Wilson, for respon dent.

This was an appeal against the decision of Mr Warden Simpson, in a case of trespass, heard in the Warden’s Court, Clyde, and wheiem damages were awarded the now respondent. There were live grounds of appeal ; however three only were contested 1. That the original summons was informal, and the decision against law. 2. That the now respondent had no title to the ground. 3. That the Warden had no jurisdiction. The facts of the original case, which have been previously published, ave give in it condensed form for the benefit of our loaders, and are as follows In 18CC, Felton app'icd to the Warden, at Cromwell for an area of fourteen acres on ITospcot Flat, Clyde and Cromwell road, under the Agri. cultural L'ase Regulations, and having complied with these regulations by posting notices and marking it out in due form, obtained a certificate, the Warden (Mr H. Stratford) at the time saying that he would recommend the Government to grant it. After a time the Warden told him (Felton) that the consent of the runholder must he obtained, and that he would write to him (Mr J. M'Lnan) about it. Just at this time Mr Stratford was removed, and Mr Robinson took the position, who, mi having the matter referred to him said, he would see that the application was granted. Thi gs wcieleft in this condition until Mr Pyke succeeded Mr Robinson, and he promised to bring the matter before the Government, in the .meantime the consent of the runholder had been obtained. After the lapse of a few months, hia Honor the Superintendent, an I Mr Bastings Die then Secretary for the Gold-fields, whilst on a tour through the gold-fields had the matter brought under their notice, and they said it should be made right; however, a dissn lution shortly after taking place, nothing was done, and Felton was left in exactly too same position as when he first obtained IPs Certificate and paid his deposit, until the now appellant, Phillippi, entered within the fences of the ground and was guilty of the trespass, the occasion of the action, the forerunner of the present Appeal. During the evidence it was elicited that a previous trespass had been made by Phillippi, for wh’ch he was mulct in damages in the Resident Magistrate’s Court.

Mr Wilson in answering the grounds of Appeal, contended that with respect to juris fiction both parties being holders of miners' rights, and the subject matter in dispute being a c'aira, an Agricultural lease in the interpretation clause being a claim, the Warden had jurisdiction. As to the title held by Felton he contended that so long as the application was under consideration, and it must be borne in mind that it had never been refused, though it had so repeatedly been brought under the notice of the Government. Felton was protected, and was entitled to ma ntain an action for trespass. Mr Wilson, in support of his arguments cited at great length the Goldfields’ Acts of 1862, 1865. and ISC6, likewise the Regulations undersarae. Mr Johnston replied at some length, contending that Felton had no standing in Court, as taking it for granted that the lease had been granted, which could not have been for longer than seven years, it would have expired before tho present cou'se of action arose, and consequently would have been open for occupation by holders of miners’ rights. lie also conten led that by Felton, on a previous occa s’on contesli»g a similar trespass against the tamo man and on the same ground in the Resident Magistrate's Court, be had made a stopper against him seeking assistance in the Warden’s Court His Honor said he would reserve judgment. Lees v, Chaplin.—Settled out of Court. M‘Kay v. Carrick Range Water Rico Company, Registered. Adjourned till Saturday, the 21th inst.