HAMILTON.—July 21.

Mount Ida Chronicle, Volume IV, Issue 229, 25 July 1873, Page 3

HAMILTON.—JuIy 21.

Waeden's Cottbt. (Uefore H. W. Robinson, Esq., Warden, and" four Assessors.) Shannon and Another y. Coram and Others.. —The complaint in this case alleged that thecomplainants were the holders of a registered tail race, and also a special claim often acresof land, for mining purposes, both situated at Hamilton. That the defendants were the, owners of a dam, situate at Hamilton aforesaid, the bank of which dam, owing to its - faulty construction, broke away on the night of the 13th June last, and filled up the said tail race with earth, stones, gravel and tail- - ings, thereby rendering such tail race useless to the complainants; and the complainants claimed £IOOO damages. Mr Bailey appeared for the complainants; Mr Rowlatt appeared for the defendants, and pleaded a general denial. Upon the complainants producing their miner's rights it appeared that on the date of the damage complained of the miner's rights produced were not in force. Mr Rowlatt submitted that, under the 112 th section of the G-oldfields Act, the complainants had no locus standi in Court, and tint the complaint must be struck out. The Warden, after some deliberation, decided that, in his opinion, the objection was fatal to the complaint, but stated that he was willing to reserve the point if requested by the complainants. Mr Bailey said that he was entirely taken by surprise at the objection, but that he would . not ask for the reservation of the question.. The complaint was then struck out, with 525.. costs of defendants, and £3 3s. professional costs. '