THE COURT. DISTRICT COURT.

Tuapeka Times, Volume V, Issue 247, 24 October 1872, Page 7

THE COURT. DISTRICT COURT.

(Before His Honor Judge Gray.)

Otago Gold Mining Co. v. Great Extended Sluicing Co. — Mr. Copland appeared for plaintiffs ; Mr. Barton, with him Mix Mouat, for defendants. This was an action to recover £600 damages, for alleged injury to a water race crossing the ridge of Blue Spur. The case occupied the Court from Thursday, the 10th, till the evening of Wednesday, the 16th inst.' Evidence was given that the water race was constructed in 1862 ; that in or ab*out theyear 1870 it was disused for about nine months ; that during this period, the defendants worked the ground on which the channel of the race was situated, and constructed another race as a substitute for it. About July last, part of the substituted race broke down—viz., two flume boxe3, 24ffc. in lnegth. Much documentary and oral evidenc was given for the plaintiffs, which it is impossible, within a reasonable space, to convey an intelligent idea of. Mr. Barton opened the defence in a speech which lasted the whole of Tuesday, the 15th inst., stating his case, and contending that the substituted race had been erectedby agreement with the parties ; that such ,a course of proceeding was not only justified by the circumstances of the case, but was also provided for by the Goldfields Regulations. He said that if the matter of defence, which he' had^ stated, were borne out tby the evidence he submitted, that 'defendants would be entitled to a judgment: He also stated that he intended to raise the question, as to whether the plaintiffs could sue, not being holders of » miners' right ; and als'>, whether the Court had jurisdiction to try the title to a lease granted prior- to ♦he Act of 1866. Mr. Copland produced

"a miners' right for the company, Tju? ifc' was made- ont-'in the manager's name, j Oa the following morning, Wednesday, Mr. Copland said that having considered the point 'raised by Mr. Barton, he would take a nonsuit. His Honor suggested that the parties should try to come some settlement. - , "Several adjournmenta were niade during the iky for that purpose, but the parties were unable to agreed At half-past five in the evening, His Honor granted- a nonsuit with £33 costs. IN BANKKUI'TCY. (Before His Honor Judge Gray.) Friday, October 18. .Re ,T. T. Pope. Mr. Mouat on behalf of the trustee in the estate, Mr. J. C. Arbuckle, applied that the proceedings be suspended for two months. The application was granted.. Alexander Cormack was adjudicated bankrupt on his own petition. Re Wm.- Nott Gooday. — This was an application for an order for the sale of goods under the reputed ownership clause of the Bankruptcy Act, 1867. Mr. Mouat read an affidavit by the bankrupt, aud said that an order for the examination of the bankrupt wonld only put him to useless trouble and expense,, as the trustees were entitled to the goods on the bankrupt's own shewing. His Honor said that had the proceedings been in the ordinary course of bankruptcy, he would at once have made the order ; but being under a deed, he had doubts whether the Court could do so. Mr. Mouat referred to various sections of part 18 of the Act, and said he would ask for an order for the bankrupt himself to deliver up the goods and documents of title : as the hour of adjournment had arrived, the matter was postponed till next sittings of the Court. Moxday, October 21. Kichard Dunn was, on his own petition, adjudicated bankrupt. RESIDENT MAGISTRATE'S COURT, LAWRENCE. (Before Vincent Pyke, Esq., R.M.J Wednesday, October 16. Grvndy v. Draper.— Claim for £4. A set-off of £4 13s Id was pufc in. Judgment was given for £3 Cs lid, and costs. Cable. S Go. v. Ferguson. — Claim for 50. Judgment by consent for amount claimed, with costs. Friday, October 18. Campbell v. Treloar. —Claim for £10 for trespass. The sections were wrongly dedscribed in the case, and it was adjourne till the 28th in3t., to allow the summons to be amended.