DISTRICT COURT.

Tuapeka Times, Volume III, Issue 115, 21 April 1870, Page 5

DISTRICT COURT.

(Before His Ilonour Mr Justice Grey.)

A very important mining case, Mullin and others v. M'Nab, has occupied the District Court during the last few days. The complainants are the owners of a gold mining lease at the Blue Spur, and the defendants, of an adjoining claim,, possessed and used a water race for their claim. The land on which the defendant's water-race was" situated slipped away froni time to, time, and the defendants, upon the occurrence of each, sljp, shifted, the site of the,, water-race on to the new ground,, and ultimately, in defiance of "the protestations of the com : plainants, a considerable distance within the plaintiffs ground, by which, a large quantity of auriferous earth was lost fb, the plaintiffs, and ultimately the plaintiffs brought the present action as well for the trespass on their land as for the resulting loss. The defendants by their pleas denied the plaintiffs possession, pleaded not guilty, and leave and license. In support of the first plea evidence was given to. the effect that along the boundary of the plaintiffs ground a,, blue^. belt was shown on the map, and designated " water reserve," and that the area stated in the plaintiff's lease was less by 1 rood, 23 perches than the area by calculation, and that the deficiency in the area stated, coincided with the area of the belt designated viator reserve. As the trespasses complained of had extended further into the land than the area of the belt, His Honour directed the jury to find a special verdict, reserving thej'matter of boundary for .consideration,. A great mass of evidence was adducejd on both sides, and the jury, after about five hours consideration, found for the plaintiffs on all, the issues, and assessed the damages at £90 if the Court shquld be^ of opinion that the, plaintiffs w,ere. possessed of the land comprised within their boundary lines, and £60 if the Court should, be of opinion that the belt named "'water reserve " had. been excepted from the demise to the plaintiffs.^ His j Honour delivered judgment on the matters reserved on Tuesday evening. The judgment was of too great length to admit of a full report, but was remarkably lucid and convincing. He referred at length to the rules 6f construction prescribed for the interpretation of written instruments, and the superior, importance attached to descriptions by name, boundaries and abuttals. With reference to-. the matter, His Honor quoted the maxim, "falsa, (femonstratio non owcet,"' and the notes to Roe v. Tranmar, Smith's Leading Cases. Being confined' by the rules of evidence strictly to the deed, and not- permitted to admit any extraneous, evidence as to, , what was intended by the blue belt, ajid.the words "water reserve"- in the plan, he could only 100k v upon the words as words of demonstration, just a3.if the wprd church or tree, or any other word of local, description, had occurred in the plan, His judgment must) therefore, hs, for the larger amount awarded" A request was then made on behalf of the, plaintiffs that His Honour wpuld j certify fo.r costs, and after argument His Honour certified, for the sum of £17 12s, being about- half the costs claimed by the plaintiffs. Mr. Mouat conducted the case . for the plaintiffs, and Mr. Copland^, solicitor, for the defendants.

The witnesses- called for. the^ plaintiffs were as follows :— JW. Best, James CampTjell, J." M. Nicolson, W/ Livingston, J. M'Kinlay, James Farrel; John Mullin, Thos. Brunton, B.- M'Swiney, and Thos. ■Kell;

For- the- defence the t i ollowing witnesses gave evidence : — AJex. M'Nab, W. D. Morrison, John Coxmack, James Barclay, John Hall, T. F. Morris, ' John King., A. G . Thompson, J: M. Nicolson (Assistant Surveyor), and C. W.. Adani§ (District Surveyor. Mr. Copland addressed thse jury irvan able speech, which occupied.ltwo*uoursan delivery.