ST. BATHANS.-Sept. 30.

Mount Ida Chronicle, Volume IV, Issue 239, 3 October 1873, Page 5

ST. BATHANS.-Sept. 30.

. Resident IVlagisteate's Couet. (Before 11. W. Robinson, Esq., R. 11.) Keenan and Morgan v. Roberrson.--D.jbt, £9 9s; no service. Netv.;summon3 to issue without Hiarge. Same v. William Watson.—Debt, £8 lis. No appearance of defendant. Plaintiff stated that since the summons was taken out £5 had baen paid on account. Judgment "for £3 lis, and 13s costs.

Same v. Duncan M'Sweyn.— Debt, £9. No appearance of defendant. Judgment for amount claimed and costs, 19s.

Warden's Couet. (Before. H. W. Robinson, Esq , "Warden.)

United M. and E. Company and John Eagle v. James Gilhooly.—B or damage done to a tail race known as the high level channel, through defendant running tailings and water into the same .without permission. Claim, £5. This was a very tedious case, the hearing occupying some hours. The evidence went to show that Mr. G-ilhooly was the only person running water and tailings in the channel known as the Rose, .Thistle, and Shamrock, and it was clearly proved that that channel having been allowed to get completely choked and buried in. tailings, an overflow had taken place into complainants channel, which was parallel to it. Defendants appeared to wish to prove that the complajnants had been to blame in constructing their channel too near to the Rose, Thistle, and Shamrock, but .he did .not adduce any evidence to show that they were under obligation to keep at any certain distance away, and as their channel had been constructed some years and no complaint made by the proprietors of the Rose, Thistle, and Shamrock channel, the Court was unable to see that the question of distance between the channels had any bearing upon the. case. Judgment for £2 damages, with 15s. costs. °

, Agricultural Lease.—The application of Hugh Handyside and others for an agricultural lease.of 640 acresi, on their run, was partly heard. No objection had been lodged. The Warden held,over the final decision upon the application until the survey had been made.

Mining.Lease.-—Robert Brown and othei-s. This was . an application for ten acres* at

Welshman* G-ully, and was objected to by Fordham and < 'arr, on the grounds that the areas applied for extended right across iho •gully, and that. the. lease, if granted unconditionally, would prove an obstruction to the development rf auriferous ground higher up. After a protracted enquiry, the Warden decided to grant certificate for the lease, reserving power to grant a tail race through it without, compensation ; but upon termslis to the saving of gold that might be found in the ground through which the tail ra e be cut. °

Mining Lease. -—J. Philips, Welshmans G-ully. No objection. Certificate granted for 1 acre, 3 roods, and 21 perches Ghants.—Charles Rose, extended claim and extension of tail race ; Hansen and Tcomey, extended claim ; William Smart, bye-wash ; H. Stewart and others, protection ;" United At. and Ifl. Company, extended claims; P. Talty, protection; Faliey and O'tiara, protection.