ST. BATHANS—Feb, 3.

Mount Ida Chronicle, Volume V, Issue 257, 6 February 1874, Page 2

ST. BATHANS—Feb, 3.

'• Resident Magistbatb's Coubt. i (Before fl. W. Robinson, Esq., 8.M.) Daviesit. Niven.—Debt, £l3 18s. 6d. No service. Struck out. Hill r. Halpin.—Debt, £lO. Judgmenfc for amount claimed, and costs 13s. ' Keenan and Morgan v. Gilhooly.— Debt, £l2 19s. 3d. No appearance. Struck out. Billiard Licenses.—The applications of P. Kenny, P. Hanrahan, and Thomas Turner were granted.

Wabdeh's Coubt. (Before H. W. Robinson, Esq., Warden.) James Barclay t. Cornelius Quintan and another.—For dissolution of partnership. Settled out of Court. John Johnstone and others v. Davis and Phillips. Claim for damages to water race, £ls. Mr. Bowlatt for defendants. No appearance of plaintiffs. Judgment for defendants, with 50s. expenses, 425. professional costs, and 6s. costs of Court.

■ Thomas Davies and others v. Davis and Philips. Complaint for interference .with and damage to a tail race—£lo. Mr. Bailey for plaintiffs. Mrj, Bowlatt for defendants. The evidence for plaintiffs went to show that they hold a grant for a tail race dated in 1869, and that the defendants had recently interfered with the said tail race by cutting their head race across it. For the defence it was shown that the defendants had a grant for their head race, dated prior to complainants' tail race right. The matter before the Court seemed to turn merely upon the question as to which party had prior right, and upon which would rest the obligation of fluming. Complaint dismissed, with 20s. expenses, and 21s. professional costs. Same v. same,—Complaint for interference with mining lease area by cutting head race across it. Damages, £lO. Mr. Bailey for plaintiffs. Mr. Bowlatt for defendants. Plaintiffs in their evidence held that the defendants had, in November last, encroached on their mining lease area, by cutting head race across it without their leave, but in cross-ex-amination admitted that the;race had been cut, although imperfectly, before they applied for the mining lease. In the plan of their mining lease area four races were shown as intersecting it, ibut that of the defendants was not one of the four. For the defence it was shown that the grant of the race was obtained before the mining lease was applied for, and that the race was cut by contract through the area that plaintiffs had applied for as a mining lease before the mining lease application was lodged. "What had been done in November was merely additional work on same line of race. It was argued that, as the lease made mention of four other races, but not of this one, it must be held that no right for this was reserved. For the defence it was submitted that the wording of the lease Bhowed an exception in favor of previously existing rights, and that the mere, omission to delineate this particular race on the plan could not do away with the right. In this view the Warden coincided, and dismissed the complaint with 20s. expenses, and 21s. professional costs. Grants.—D. O. Gardiner, dam; G. Talty, residence area; H. Stewart and others, protection; United M. and E. Company, tail race; G. NeUson; protection.