DISTRICT COURT.

Inangahua Times, Volume II, Issue II, 29 October 1880, Page 2

DISTRICT COURT.

4 WEDNESDAY, 27lii JCfOBEB, 18S0. (Before His Honor Judge Weston ) Ou the opening of the Court, an application w\is made by Mr Guinness for on order to call up John Gilaier to enter in o recognizance*, and to find sureties for his appearunce at llie Supreme Court, NeU son, to which Court nod pl,u;e the ease peuding against him had, on an applies . lion of the Attorney-General, been removed. Order granted, and (he neces* sary bonds signed during the day. KEGINA V. HARTIGAN AND "WIFE. Me Perkins, instructed by Mr South, appeared for the Crown. Messrs Guinness and Lynch appeared for Hi.itisan and wife. In this ease all the evidence bas already been heard on a late date, aud need not. be recapitulated. The ou'j fresh evidence appe.u-ed lo consist in the explina lion by .Sergeant Neville of his rps^oi for not appearing as a witness in (he R.M. Conrt. The ea-o occupied the at- \ tenlion of (he Court 1 01 a late hour, and resulted iv an arqniftai. Thursday. October 28. 1589. IK ORIGINAL JURI.'DICIIO.N" UjfDEB THE Minks .Act. The Coni't resumed at the usual hour, viz.. 10 o'clock, a.m. n PEFUL COMPANY V. WT.LCOJIE COMPANY This was a c'aim of £2079, lor data ises and speeiil damages for Irespa-" and en« proaclimcnt l>y the lalter company on tho mining leise or leases of the former. Mr Perkins for complainant?, and Messrs Guinness and Lynch for the derendanls. , In opening the case, counsel stated that encroachment to some extent wag admitted by the other si le, who liarc been willing lo settle the maiter on calniluliiins based uprn tho thipknpss of the icttf nt the place of encroachment be ? n<.? only Gin., whereas i.liey were prepared fo prove the thickness af 4 feet, and (Im ''amagfis had been estimated and set down on the basis of that allegation at £841. The plea for the special damages foeiiijj much b-rger was adraDceJ and lidd on the following "rounds : That on i he complainant breaking into the en croachment, the fact of finding the reef taken out,, and meeting rubble and timber in lieu ox quartZjbad a depressing influence

on the value of their stock, which instead of remaining ;lt 2s per share, would, on the laying bare of a good reef at that stage, have advanced to o«\ The difference in va'ues amounted to £1235, which "•as set down and claimed as special liiimaces. Mr Guinness ohjected (o the vngusness of the d«.'scrip!ion of the U w \ in ti.e count, and obtained tiraendnients thereof. Mr M ntsomery was the first witness | called, and was esamineJ a» in the cstcntof the encroachment, and the situation of peas and boundaii «. Mr Brennan was called, and produced the minute-book, correspondence, and other documents of the Welcome Company, and lesiifiod to their correctness. Mr F.izmaurice proved the marking out, and pegging of the Western Hopeful, and also the position of clainii pejjs, and boundaries. Mr Black gave evidence of a general nature respecting the appearance of tbe encroachment, situation of lease, pegs, and boundaries. At this shigf^e^fFTng evening, tbe Court adjoume<J till 10 a.m. tbia morning. .-'■-■ ' '■ " '-