"SLUICE-BOX" OF ST. BATHANS.

Mount Ida Chronicle, Volume II, Issue 87, 14 October 1870, Page 3

"SLUICE-BOX" OF ST. BATHANS.

i u. (To Thou shalt not bear false witness against thy V y neighbor.; ~r ;^ _. r<j , r h: "' d n, Sluice- * box," iri last bf the ' Chronicle,' referring to a^lP^te^lan^; heie- : (Prescott v. Me lion), is'. somewSat'per--1 soiid.l in his remarks, irrelevant in liis . representations, and. altogether imperhis -conclusions., The facts of . tiie case are simply these : I hold, with I others; ;B,afehaiasrj with premises occupying the ustial ground Irontage v - in ' ; depth by a fit!nning< behind my f , : allotment, and parallel,, fo' the inlfif* street. This three r> . acre paddock which &as enclosedse\ evai years ago by a { Vaard^a.;ki4g r miner,'' wha some two yearsnsince,sold' out hijs ; , i interest to Mr. Gaifney, of this- placed 1 So long as Mr. Gaffnev held the land. \ : I coirtinued t;Q. , veniencesl nbw og._ f and made" t*no effort to obtaiA r cWhat is, i^y r jiis| rigli'i'as foy ejcGjold^ldfii^egula-* 1

tioa—viz., 66.x 128 feet. But when I learned that" Mr. Glffiiey was on the eve of taking : his depat]ture, -I informed him of my intention, to claim tlie stipulated d?pth of ground? and. the present occupant of the. p.acldock in question was apprisedjaf -my, intention before he . paid the purchase'money; (£6) for;, the three-acre block: The'fenced' land in dispute runs from Mellon's Hotel right along the' street,. close up ibe'Hihdthe business premises of storekeepers and just,.ajs if, a fence, were run up from behind Mr. George's Hotel to the Bank of New Zealand, on the Hogburn, thus depriving -occupiers of the necessary yard accommodation allowed by "the Regulations.'-' When "the Case was tried .before Mr. ' ; Wariden Robinson ; lately, I asked him "to look at the : premises :on sanitary, ,as well as other grounds but he declined- to make, a -'personal. inspection, v and decided the case against me in ; consequence of the | paddock alluded to being under cultivation. . Does Mr. .Warden Robinson "ttot know {that; the • enclosed land referred ;to-is';illegally" held" by Mellon ? ceipt ta.Mellqn fo-r .syc pounds .sterling i (iacludkig- th©[ evidence famished by -Mvi ■ M'P-hail-); as of legal | occupancy And,/eve ir admitting that > Mellon neld legal possession,' why "did. ; he not deal with' .theV latter portion of ! clause 9 .of th|e . fields Act j : , 1.866, providing for; compeaisation,,He read r the former part of the! siiid clauses.aand : bEsed i his- decision ! updi* it,< ■ shereby«ig•'n'driftg theicernal ofthe legal 1 nut which - he was appointed to crack; Mr. ,M^Phail's l name is by.,your', i4e^,oi|i (^|a't , he uis Ji a,cqii.a t iate'iv nvill- doubtless;/preven%r : health '■atid'- ; conv.enieirce * of- the ; m'any . froi£' being iany .lon^er^&t^i-fered 1 'fry any sing^e.occupani:^,/."^liiiiqe whose crude letter is a tissue of misre- , presentations, accuses : me of a , fc>reach of the Tenth Commandment, I, .would inform him that the health and comfort of my large family require the ' 1 possesf 'sion of the few feet of- land formerly ' asked .for sale, but no\y demanded ds a right, however.careless he himself —;may be of important , ..f^terpd^jqLst^.aii^4utiesL;rrri,smi &c., ! • 5 ; ' - - . George: PiiEseoTT. •• - St.