ST. BATHANS.—April 9.

Mount Ida Chronicle, Volume III, Issue 162, 12 April 1872, Page 5

ST. BATHANS.—ApriI 9.

Resident Magistrates's Court (Before H. W. .Robinson, Esq., R.M.)

Edward Rose v. John Rochfort.—Claim, £lO for destruction of property by defendant's cattle. Plaintiff's evidence was to the effect that the defendant's cows had entered his garden and destroyed vegetables to the amount now claimed. For the defence it was shown that plaintiff had sold tho oats growing within the same enclosure to t?ae defendant, and, as they were not worth cutting, had consented that the cows should go in and eat them. It was proved by a witness that he had called plaintiff's attention to the cows being inside, and he had said it did not matter, as he had sold the oats to Rochfort and his cows might as well eat them. The Court held that the plaintiff was a consenting party to the trespass and was not entitled to recover. Case dismissed.

Foot v. Rochfort. —Claim, £6 for damage done by cattle. Foot's garden adjoined that of the plaintiff in the previous case, and there was no fence between the two. Judgment for £2 and 10s. costs.

.Rochfort v. Foot.—Claim, £llos. 7d. debt, Judgment by consent for £L 4s. 6d. and 10s. costs.

Warden's COURT

(Before 11. W. Robinson, Esq., Warden.) Mining lease application by Gk Purton and others.—-The hearing of this application had been adjourned from the last Court in order that the Warden might communicate With Mr. Warden Carew, before whom the hearing had been commenced. The difficulty was a tail race through the area applied for, the property of Halley and others, there being a dispute as to the line upon which the tail race should ,be constructed. The Warden read a letter from Mr. Carew, and decided to grant a certificate reserving for Hally and Co. the right to construct a tail race through the ground upon a line indicated on the plan. The following applications were granted : Anderson and others, extended claim ; J. S. Foot, tail race; Sweeney and others, water race ; Enterprise Company, protection; T. O'Dowd, extended claim.

The applications of J. and J Halley and of Ewing a Lid party, for tail races, were withdrawn for correction, the proposed lines of races not having been properly marked out. .