RESIDENT MAGISTRATE'S COURT.

Westport Times, Volume 2, Issue 150, 23 January 1868, Page 2

RESIDENT MAGISTRATE'S COURT.

Wednesday, Jan. 15. (Before 6. Giles, Esq., M.D., R.M.) Hunter and Party v. Ryan and Party. —This was an action to recover possession of some ground which had been jumped by the defendants. Lachlan Hunter deposed that he and his mates, six in number, took possession of a claim on the 4th January. "We took up five or six men's ground. I don't know any thing of this man (Eyan). On the morning of the 10th is the first time I saw any of them. ■

By the Bench—On the 10th I saw the defendants. My mates told me some parties had been putting in pegs on our ground. I only saw one peg on our ground. I saw one of the parties, and he told me he had marked out a piece of ground. I asked when ; and he said on one of the holidays. They have not been working on the ground but one day since. They commenced a tunnel, but did not go on with it. I did not see any of the defendants before the 10th of January. Cross-examined by Ryan—l served you with summonses on the day after I received it. I never saw you until I served you with the summons, I have been camped on the ground from the sth January to the present time. Your mate came aud asked us to remove the timber that we had cut down on the ground where pou was going to work. I told him if it was in his way I would remove it on Monday—you afterwards commenced a second tunnel.

By the Bench—l don't know why they commenced the second tunnel There is no claim between us and the ground we want to work. We shall have to drive about 500 feet to reach our claim.

Alexander Campbell being sworn, stated —He was not a mate of either party. I remember the 4th January. I was on the ground on thiit day, and saw you mark out the ground, I never saw defendant there before I saw the plaintiff and his mates.

Martin Hansen and Prederick Mitchell, miners, corroborated the above evidence.

Denis Ryan, one of stated that one of his mates pegged out the ground on the 2nd January, and on the 6th he went to the ground and saw the plaintiffs in possession, and on his telling them that the ground belonged to witness and his mates, Hunter threatened to run a stick down his throat. He (defendant) and his mates commenced working, and plaintiff also commenced at the same time. He did not lay an objection against plaintiffs until after he was summoned, because he thought their tunnel would not interfere with witness's ground; but when he found that it would, he lodged an objection. Mason Nelson, one of the defendants, stated that he pegged out the ground on the 2nd inst., and he did not see any pegs on the ground at that time, nor was there any person on the ground.

In cross-examination, this witness admitted that none of his mates were on the ground till the 6th, at which time plaintiff and his party were at work driving a tunnel.

Several other witnesses were called, hut they only bore out Hunter's statement that only one man was on the ground prior to the 6th. The Bench decided in favor of the plaintiffs, on the ground that though the ground was marked out by one of the defendants prior to the plaintiffs, yet as they did not take possession they had forfeited their right to the ground. Judgment for plaintiff, with costs of Court and witnesses.