DISTRICT COURT, WESTPORT.

Westport Times, Volume VI, Issue 984, 2 July 1872, Page 2

DISTRICT COURT, WESTPORT.

(Before His Honor Judge Harvey.) Saturday, June 29. Harold and party v. Enricksen.— His Honor gave judgment herein. He said, it has been argued for the defendant that he is not liable, in consequence of the provisioas of the Goldfields Regulations, and the peculiar manner in which the complainants obtained their certificate. But the defendant had recognised the complainants as partners with him in the race. The one claimed through Tapley and party, the other through Sutherland and party, who, it is not denied, were joint owners in the race, and having recognised the complainants, the defendants must be ruled to be joint owners with them in the raco. The defendants in this case, previously to the construction of the numiug in respect of which they now sue ; told the complainants they would not pay anything towards the construction. This is not sufficient evidence of an intention to abandon, and the Court cannot construe it as such. Tho

defendant, in spite of this notice, might have come in and claimed a property in the fl liming. The Court is of opinion that if the defendant had done anything which might he construed into an intention to abandon bo much of their right, the complainants could not recover. Any such evidence, though it may exist, does not appear on the case, and the Court is of opinion that so far as the case has gone, it shows a prima facie liability in the defendant, and that the plaintiffs are not precluded from recovery by the form in which they have obtained their registration.

BANKRUPTCY CASES. Me James Simpson.—On the application of William M. Martin, agent for Alderson and Sons, of Sydney, an order was made for vesting the estate of bankrupt in the Provisional Trustee, pending the appointment of Trustee. Re Thomas Nelson.—The bankrupt appeared in person, and an order for final discharge was granted. WESTPORT WARDEN'S COURT. Monday July 1. Twenty-three mining applications were heard and disposed of, and 16 applications for protection for business sites. • ■ RESIDENT MAGISTRATE COURT. This Day. The following cases are set down for hearing. Cochrane v. Johnstone, Suisted Bros. v. Robertson, Hay v. Dodd, same v. Hicks, Lavette v. Smithson, Grant v. Pollock, and Patterson v. Gething,