WARDEN'S COURT, CROMWELL.
Thursday, Marcs 7. (Before E. H. Gafuc, L-;., Ja-lge and Warden.) C 'MPLATXTS. F. Perry v. Joseph Shield. —The defendant in this ease was called upon to show cause why his certificates for a certain extended claim and tailrace at Pipeclay Gully should not be cancelled, in consequence of the said claim and tail-race not being worked. Mr Brough for plaintiff ; .Mr Wilson for defendant. It appeared that the claim had been let to a party of Chinamen, who, according to the evidence of T. Humphries, John Kemp, John Park, L. M'Gregor, and the complainant, had not worked regularly in the claim for at least three months prior to the complaint. Mr Wilson, for the defence, said the sole object of the complainant (P. Pony) was to get the Chinese out of the gully. (A voice :" Shame ! shame !") His Worship : " Constable, take that man into custody, and keep your eye upon him until the rising of the Court." A faw minutes afterwards, the plaintiff was also taken into custody for interrupting the business of the Court by "thinking aloud." This delinquent denied the imputation point blank, although taken in.Jlagrante delicto, —declaring that he had not spoken once, and laying the blame on " some one standing behind him." Ah Ping, examined by Mr Wilson, said his party had rented the claim and tail-race from the defendant, and had been working the claim and using the tail-race regularly. His Worship, after reviewing the evidence, gave judgment for plaintiff with regard to the claim, and for defendant with regard to the tail-race ; defendant to pay costs of Court, 10s. Mr Wilson asked for the infliction of a penalty in lieu of forfeiture, but the request was refused.
E. Barnard and other* r. Joint ('. Mann and an.itji'): —John L'ark, one of the plaintffis, applied for an adjournment for ;i week, in conse* qnence of il'ness of Mr Barnard. Granted, on payment of 10s. each to the defendants. APPLICATIONS. Extended Claim. Lonis Jean was granted an aere in Paddy's Gull}'. Protection. granted GO days' to enable them to-test a quartz claim.—John Mulford and others : 60 days. Black Horse claim : granted.— L. fnkster and others, (50 days, alluvial claim at Bendigo : granted.—Ah 'Van and others, 60 days, alluvial claim in Smith's Gully : granted.—G. \V» Goodger and five others, 60 days, Morning Star quartz claim, Bendigo : granted. Tail-race. —The application of J. ('. Mann and another for permission to construct a tail-race in Pipeclay Gully was objected to by Barnard and party, on the ground that, if granted, the tail* race would interfere with their workings. 'J be Warden suggested that the matter should he referred to arbitiation, and to this the parties agreed.—Alfred Perry's application was granted. .Dam. —E. O'Brien and John Saul applied to register a dam at Sandy Point. The application was opposed by F. Bolton, and the hearing was adjourned till Thursday next. A large number of applications for waters rnces, tail-races, and extended claims were also granted, particulars of which will be g.ven next week. rONTFMPT OF COTTRT. John Kemp and Alfred Perry, placed at the bar for this oiience, were admonished and discharged.
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Cromwell Argus, Volume III, Issue 122, 12 March 1872, Page 5
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524WARDEN'S COURT, CROMWELL. Cromwell Argus, Volume III, Issue 122, 12 March 1872, Page 5
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