SOUTHERN TELEGRAMS

Thames Advertiser, Volume VII, Issue 1911, 5 December 1874, Page 3

SOUTHERN TELEGRAMS

(Per Anglo-Australian Telegraph Press Agency.) <0— Wellington, Friday, 5.1 p.m. Appeal Court: In re Barton aud others y. Hone and others, miners on the Maerevvhenua goldfield. 'i be following eleven questions are submitted to the Courtl. Have the goldfields' laws of the colony abridged the common law rights of the riparian proprietor and sanctioned the use of natural .streams of water in a manner and for purposes which would be actionable in England p 2. If the auriferous deposits in the goldfields referred to belong to her Majesty and they cannot be worked without fouling and polluting the streums can the freeholder maintain an action for polluting by gold mining, uhder existing laws, a stream or river which flows past his freehold? 3. As holders of pastoral license mentioned in the case, would the plaintiffs, before the surrender of such license and the obtaining of a pastoral license, have had any right of action arising out of the fouling of waters of streams before mentioned by reason of mining operations, conducted and carried on without negligence? 4 As lessees, under the Otago Waste Lands Act of 1866, have plaintiffs such right of action in respect of their leasehold? 5. As freeholders or owners in fee land purchased by them before proclamation of goldfield in which defendants claim is situate, have plaintiffs such rights and priviledges as riparian proprietors, or otherwise, as entitle them to maintain an action for fouling of waters of streams* by reason of mining operations carried on and conducted without negligence ? 6. As such freeholders in respect of land purchased by them after proclamation of said goldfield are plaintiffs entitled to maintain such action, or did plaintiffs purchase subject in law to an easement of necessity in favour of miners then lawfully working in the goldfield, enabling thein by use of tailraces to discharge tailiugs into said streams or tributaries thereof? 7- Are the plaintiffs entitled to maintain such an action as well in respect of their freehold or leasehold lands upon which any of the said streams abut, merely without passing through, as in respect of thtir said lands respectively through which such stream passes or flows. 8. Aa in some of the Crown grants to plaintiffs their land is described as, and as matter of fact is bounded by a non-navi-gable river, do plaintiffs by. reason thereof acquire any riparian rights; and if any, such rights as prohibit miners discharging tailings into the river? 9. Should it be found by arbitration that plaintiffs stood by while defendants were engaged in constructing water racns and tail races that the plaintiffs knew of the progress of such works, and foresaw, or ought reasonably to have foreseen, that the ordinary use of said races would result in fouling said streams, and that plaintiffs took no steps to restrain defendants from completing their said races, or discouraged them from expending money and labour thereon, would such facts famish a legal answer to an action or to a claim for an injunction to restrain defendants from continuing injuries complained of, or would they be ground for mitigating damages? 10. Having regard to the practical impossibility of ascertaining to what extent defendants have fouled the streams, as contradistinguished from the workings of other miners, upon what principle are damages to be assessed against defendants? 11. If plaintiffs are entitled to damages, in respect of what tenure or interest (as licensees, leasees, freeholders before or freeholders after proclamation of goldfields) aro they so entitled ? M r Smith spoke on behalf of plaintiffs. Mr Macassey then addressed the Court on behalf of the defendants. Tho Court then adjourned till 11 o'clock on Monday, when Mr Stout will continue the argument for defendants.—l wo Gazettes extraordinary were published to-day. The first announces that the Marquis of Normanby has assumed the administration, and the second prorogued tho General Assembly to tho Ist of March next.

HuTr, Friday. A steady, heavy rain fell at an early hour this morning, and kept increasing till, at 11.30 a.m., it changed into a southerly buster. Very few people at the races. About the lime to ring first bell, four stewards met, and agreed to postpone the races till 12 to-morrow. Intense diflsatibfaction felt amongst the people, wbi) hooted the stewards. Still raining, awUkj much overoagU

Chkistohuuch, Friday, 5.40 p.m. Mr O. C. Bowen sat as Resident Magistrate on the Christchurch Bench yesterday, when the members of the legßl profession assembled in a body, and through Mr T. S. Duncan, president ot the Law Society of Canterbury, tendered expressions of regret at bis retirement from the Bench, and earnest wishes for his success in 1/B'hew sphere of action, also remarking that, knowing Mr Bowen us others ,did .not kuow him, they were confident that a very short time would suffice to show him lo be the right man in the right placo as Minister of Justice, Subscription lists have been opened for presenting him with a public testimonial. A krge amount has been already subscribed.