Monday, 6th May.

Tuapeka Times, Volume V, Issue 223, 9 May 1872, Page 7

Monday, 6th May.

Tally v. Jum, King, and others. — Claim L3O 15s, for damages done ground leased to them for mining purposes. ' Mr. M'Coy for plaintiff, and Mr. Gooday for defendants. . Tn this case it appeared t*hat some time in May, 1871, the defendants purchased from plaintiff the right to mino over two acres of freehold, situated near Wetherstones. In the agreementit was covenanted that the defendants were to carefully take off the' surface soil, and, as the workings progressed, to place it on the surface again, after levelling ; and that they were to carefully fill up all paddocks when they had finished. The witnesses for the plaintiff gave evidence to* the effect that they had inspected the ground, and found that the defendants .were not complying with the terms of the agreement. They had left a large paddock unfilled, and were working in another place. That they were taking the surface 'soil of plaintiffs ground and placing it outside the boundary, upon Crown 1-md. T-hat from the working of defendants the creek had widened, aud therefore encroached upon plain tifFs land, and injured him by carrying away the soil. That they had partially filled the creek, to the loss and detriment of plaintiff ; and that they had destroyed about 2 chains of feucing, and had otherwise encroached on I'laiutifTs gronud, The evidence for the defence went to show that no damage as alleged was sustained. The soil said to be carried from plaintiffs paddock and placed on Crown land, was placed there with the view of again being restored on or before the completion of the working of defendants. The large paddock said to have been left unfilled was not abandoned ; they (the defendants) intended to work it. As for the creek, it would require but little labor to clear it. As regarded the fence, about two chains had been taken down. It was an inferior fence of sods, with a rail on top. A first-clcias fence could be fixed for 183 per chain. The Chinese were working the ground in a very efficient and systematic manner, The Warden reserved judgment,