NOTES FROM ST. BATHANS.

Mount Ida Chronicle, Volume IV, Issue 210, 7 March 1873, Page 6

NOTES FROM ST. BATHANS.

March 3rd. The printer's devil, or some other occult spirit of mischief must have got hold of my notes last week before they reached the Editor's sanctum. I find amongst other lively, free, and easy attractions in my communications, a statement that the water .. in all the races is entirely done. I am happy to be able to give this story an emphatic denial. 'The water supply is certainly much reduced —is lower, indeed, than it has ; been for years still have at least twenty heads available for mining purposes; this is nearly all brought in by the Scandinavian E,ace, the races in the neighborhood being nearly dried up. We have reason, therefore, to be thankful that matters are no worse, and certainly we are much better off in the matter of water supply, than our friends at JN"aseby, or, indeed, than most of the mining communities of the Province. It is reported that a party of miners, have pegged out the Muddy Creek, and intend to apply for permission to con-, struct a public Sludge Channel. This is a work of great magnitude, and will involve an outlay of several thousands of pounds. Any company undertaking the construction of such a work, with sufficient means to introduce water for flushing, would no doubt have a considerable portion of the outlay recouped, by saving the large amount of gold known to be deposited 'in Mitddy Creek, which .. has been the only outlet for the tailings from Surface Hill for the last nine years. The successful carrying out of this undertaking will open xip a large area of auriferous ground, that is at present unworkable through the want of fall. After any amount of squabbling, the proceeds of the washing up of the imblic Sludge Channel have at last been divided fro rata amongst certain contributors to the construction, and maintenance fund ; and now that this bone of contention is removed, it is to be hoped that all illfeeling and animosity in connection with the matter, will be buried in oblivion.

The note of preparation for the due and proper celebration of St. Patrick's Day, has been sounded, and an influential Committee appointed, to make the necessary arrangements for the picnic and ball, the usual method of celebrating the anniversary of the saint. Should the weather be propitious, the affair will donutless, as heretofore, be a great success.

Resident Magistrate's Court.—Feb.2s. (Before E. H. Carew, Esq..,'ft.M.)' Holding v. Hickey.—Assault. Complainant's case was that, on.Sunday, the 16bb. February, he obtain ed the permission of one M'Neight to use a horse to ride in one belonging to himself, and was about putting a saddle upon it, when defendant, who claimed that the animal was in his charge, took advantage of complainant's stooping position, and struck him heavily upon the head with the bib end of a horse bridle, inflicting severe wounds and covering his head with blood. The Magistrate said that the case for complainant and the defendant's own admission showed that he had been guilty of an outrageous assault, and the defence set up was no justification.-- Fined £5, with costs of Court, 16s ; and witnesses expenses, 20s ; one half of the fine to go to' complainant, in compensation for loss of time.

Keenan and another v. Aubrey.—Claim of £3O for damage done to fences, and potato crop, by defendant's cattle from 17th to 21st February. The case was contested by Mr. Bailey, who acted for defendant, with considerable spirit. It was not denied that defendant's cattle had done so cue damage, but he (Mr. Bailey) argued, among other points raised, that it was incumbent on plaintifls to show that they held the land under miner's right, lease, or license under the G-oldflelds Acts, before they could recover. Further, that no damage for trespass could be maintained unless the land was enclosed with some fence, agreeing with the schedule to the Fencing Ocdinance, 1872 ; that, in fact, the holder of land must fence cattle out. The' Magistrate overruled both objections, stating that occupation of land was sufficient title to maintain the case, unless defendant could show, he was a mere trespasser ; and that there was nothing in the Fencing Grdi-

nance which altered the law that upon the owner of the cattle rested the- responsibility of trespass. Judgment for: plaintiffs for £6 and costs of Court, on that scale only as he considered plaintiffs had sought for excessive damages and should therefore themselves pay the extra Court costs' occasioned thereby.

Warden's Cotjet.—Feb. 25th & 26th. (Before E. H. Carew, Esq:, Warden.) Rowe & Towers v. Hanrahan and the Committee of Management of the St. Bathans main tail race. Complainants in this case sought for an order, declaring them entitled to a pro rata, dividend upon monies paid by the previous occupiers of their claim and tail race. The Warden gave judgment as follows : —The principal question I have had to consider in this and other cases against the same defendants has been' that relating to occupancy. It appears to me that only an occupanthas any interest or claim upon the race. Regulation xix., which provides for a main tail race, deals only with " those from whose claims water or tailings flow "to such a race. It is only those persons who can have any voice in making rules and conditions for the management of a race, and only those : that can be. called upon to pay a proportion of the cost of management. So soon as a miner ceases to; : use the race he is free from liability for further expenses connected with it, and in the general principles of the law of partnership, where there is no special agreement to the contrary, only those can claim to participate in the gains who would be liable to pay a share of losses. When it was decided to wash up the race, had there not been sufficient gold to pay the expenses, there is no doubt that the loss would have fallen npon the present occupiers, who would have had to make good the deficiency. . That in itself goes a long way : to point out the position of those claiming an interest, and the same view is borne out by-the Regulation, the language used therein shewing it to be intended that an interest is to be that of user only. These remarks apply to all the cases against the same defendants in which I have now to give judgment. A further question in this case is whether, under the decision in Turner against-defendants, heard some time ago, the complainants are entitled to a pro rata dividend upon monies paid by persons from whom complainants derive their rights. It is undisputed that complainants hold the assignment of a claim and tail-race, and although no mention appears to have been made of the main race, the use of which is in - the nature of an easement to the claim, there can be no doubt it was intended that the transferees should also take that interest, and under the cxi clause of the G-oldfields Act, 1866, any right or interest acquired under the Act or Kegulations could pass by transfer. Judgment for complainant, that defendants pay him a pro rata dividend upon the sum of £l2 165., and pay .costs "of Court.

JVI urray v. same.—The Warden said that on the. principles laid down in the last case, tlie complainant would be entitled to dividend upon two claims not upon three. Judgment, that defendants pay complainant a fro rata dividend upon £SB 19s 7d., and pay costs of Court. Cormack and others v. same.—Judgment in this case was in favor of John Cormack, one of the plaintiffs, for a s>7*o rata dividend upon one third of the payments made up to Ist January,. 1872, and pro fata upon all payments since that date. Bdefendants to pay costs of Court. The above cases were heard on the 2oth, and judgments given on the folio wing. day. Gerkins v. same.—Settled out of Ccurt. The following applications were granted: —The United M. and E. Company, alteration of a tail-race, and protection to a claim ; Patrick Talty, protection io claim; Eichard Murray, protection to claim; Wade and another, protection to claim and two tailraces. The. Scandinavian Company applied to extend their "water race to supply the township wich water, and an objection by Kanrahan and another being arranged, the application was granted.