ST. BATHANS.—July 25.

Mount Ida Chronicle, Volume VII, Issue 386, 4 August 1876, Page 3

ST. BATHANS.—JuIy 25.

"'. BESIDES!. MAGISTRATE {Before H. W. Robinson, Esq., B M.) Ibote v. £2 1.55. IS T o proof of service. Now summons to issue. Hanrahan v. Bakers.—Debt, £-13 12s. This account ran back nearly six year.-:, and a large part of it was for drinks, and was disallowed by the Court. Most of the remainder was ior "money lent in small sums. Plaintiff said that he could not produce any books, as the account books in which those items had bean entered had all been destroyed. Defendant, on his oath, denied owing anv portion of the account. . Plaint dismissed. JN T icholis v. Miiward.—Claim for £3, being reward offered for- recovery of a horse. Plaintiff'proved thathe had seen an advertisement, offering a reward of £3 to any person who would take a horse, described in the' advertisement, to Milward's hotel. He found a horse answering to the description.on Mount St. Bathans, and took it to Mr. .Miiward, who told him that he had just learnt that the owner—a person named Black, of Morven Ililis—had received his horse. Plaintiff insisted that this must be the horse that was lost, because it answered the description, and "Miiward consented to have .the horseput into his paddock, and promised to write to Black. "Miiward hadiiot himself inserted the: advertisement, and -was careful to stale that he did not hold himself answerable to pay the reward, but would have done so if hebadbelievedlhe horse found by plaintiff to be the onß that Black h<?d lost. The : horse liod since escaped, or been let out of Milwavd's paddock. The Court, without calling upon defendant,.held that there had been nothing disclosed to fasten a Ikbilitv on Miiward. Defendant said he had" two witnesses in Court to prove that the horse <vas not the one that Black lost; but the Court did not consider it necessary to hear them. Case dismissed, with £2 10s. expenses of defendant and hi 3 witnesses.

Connor v. Taibot.—Debt, £2 23." 6d, iNo proof of service. e>truck cut. :

Wabdeh's' CoiTttT. Talty and Others v Tierrian and Another. —This was a claim for £l3 ss. 5d., damages alleged to have bean sustained in consequence of.a. breaking away of a water race owing to certain operations of the -defendants in Graveyard Gully. ..The case was licaft. .before "the Warden and assessors, who visited.the ground by request of both parties. The evidence went to show -that Tiernan and party -were sluicing in Gcaveyard Gully—a considerable distance whe re a water race in which tlioy.-and. the plaintiffs were jointly interested crossed the gully. A great slip toolr place, and the race was broken away. Defendants made arrangements with the United M. and E. Company to. supply water for use of plaintiffs during the repair of the race. The water was so supplied for a month. At the expiration of which defendants instructed the manager of the United M. and E. Company to cease supplying. Plaintiffs then ordered for themselves from the M. and E. Company, and in the course of a few days, the bill ran up to £lB ss. od., for which the present claim was made, for the defence it was shown that tho ■ace was liable to break away on an average once a fortnight, and that it was not reasonable of plaintiffs to expect a continuous fresh supply, Pspet-i.-iMv as frostwould in any case have caused' some interruption. It was also pur. in, in evidence, that this was an old crack, or slij, above the race, and that it \i as likely thata heavy slip might at any tune occur, although perhaps-tho ope/ations of .defendants might hare hastened it.. The assessors considered i\ i; >\ had done enough in supplying plaintiffs with a whole nv>nti,-. u-au-r.. t '. mp'aiut dismissed, each party to pay their own costs. Grants.—Thurl.uv and others,'tail ract; •J'»h n . tWlry, exi,«n<icd <-.i;ii i.: Willis!in ,\.-ii!:;i!ii.» aivi.i.ihtf-n. tail race and ex- . tended claim : Hushes omi VI/..-..„. ; _. ex . tension of water race aflot'fcsach race*