DISTRICT COURT.

Inangahua Times, Volume II, Issue II, 1 November 1880, Page 2

DISTRICT COURT.

. + I Feiday, 29tu JcxoßGß, 1880. (Before His Hnnor Jndsje Wilton )■ IN OIUGINATi JURISDJCriON UN3>£B THE Mines Act. The Court resumed at 930 a.m. The encroachment e-\nc, Hopeful C-unpany v. Welcome Company, which Blood ;!d* j'lurned from Iho pri!vi'>u< evening, whs called, and after some sm>!l jirnare-is h«d been mude, it became »pparen\ thnt in coiisequeiico of tlie disure; army in iluVarious surveys the case presented a most complicated aspect, which wou!d neeessitale a protnicled sitting or siUinj*s (or adjust menl. His Honor tli- rcfore sujj* gesled to the parlies (lie advisability of I coining to some amiciib!e arrnn^tMiKMits for siettlifiij the as*, and pointed out the ndvantijoes of such pfoeccdin^ lo bo'li parties., nno furli.ei' iX lamed lli:it «s iuiportiint interests nrorc iuvolrcd. prolonjjnd litigation would necessarily be accompanied by iona of viluiblo time ami grpai expense A! j)totraeted corubat wmild .moreover t-ctvi] lo end-in^er that frien-Jlv spirit, which uovr seemed to exist I'elnrcen the eomp:ii;ies, and would help to weiilcen, in the inind.sf of outside investors, ilia 1 I confidence in jthe field, whic!i is <-.ssoii ti;>l ; , to the full development of its vitst re- ! sources. • Eh, therefore, hoped lh.it the pnrtiesMhv "iu!d tticet c-icli other. acfca>itcd by^iLe 1.-iti'l:iblo spirit of "'ci'tp and tiilce,'* a^cl enl tUe nmder to tln-ir i mulual sa't^ai'tion. The ccuu-cl ;nul j principals:, Ir.f*ini» had :i k'vr miinii.i>3 p.>u- ! stiliation, •'Xf/t'PK.s't'd their willingness to j he uui.led U«y liis Hurme's jti-livi mis idvi>-e, and d^rcfil to a " ji li»!iit»nt l>.y consent in fr^uH-r of iil'iinliffs for £"325 ; e'lch parry t^. puy (heir own cosrs, $. j >int deed 16$ be executed, drfininij tlie boundaries 615 the basis of Mi' Moui* •X Mnory and Mr Builer's pans, now in C'^urt ; those? yentlemyn to meet iind J eliue :i periijjinent boundary for fuiure ! "UJjiiiiße." 'Jsntere;l up aciwdin-.'l. BEECHE V. WELCOME COMPANY. Claim for'/X'9oo dnnMui-s,. ;\\\i»ie<\ lo have It. en sustair-xl hy ilm |»!*ii n ' • fF 1 li:.-)u::;li !i 1 /•■ ;>iA of < if diiiojid.infs in . v - in;; >:'.V\: .x chx/n 011 lh" iv_m<'o-< I 'l it, ■■ !•• ••I'l'U of philV-ir M* i'o-i' Ui '')'s Cr, «!,- --w'tOl-ei-v Viiiu.:'.:y i.ii''i'..;S '-'O:-.-: .!^.i.> I ! li-.' ■! If! Itili! !:•».: n i,■.i j . i';! j .'.it- j^Th.^f.'.,.- 1>: .. :ill -ff. i:ii; i .vr,..,,.. i The Cii>e «';;« ((|H'i,(>.i -w-.-i > - - « i- . y ■ii'.ij-d. and only oca ifiiue^s i'sauiii;od. v in-n v i>et'aine appaMit that it would not be possible to. 'fipilli. the case, as in. conse-

queijfc ol' sey i'b\' important points h-irina been raised hy defendant's cmnsel for argument -tnd ruling, and a staleinen* nv>t!e by Mr P'rkins ti.at sixven witnesses were sub; ceiled en their side, and a* many probably on {he oilier, which would lnK-e sen-nil days to examine. His Honor stjirl that un ler these circ.rnrntanees it cou'd H fail nothing jo proceed with the case, as liis commission would expire oji Ihe following day (ih<? 30 h instant) ly wbieli time a small part of the case could only have been « ;ne into. His Honor also stated tint he h:id, on finding that the business of this sitting <>ou'd not be otherwise, finished, communicated with the Government, an! suggested a means i>y which the serious inconvenience (o the public cotilJ beobyialed ; to lliis sustention lie !i!id(, JHst renrived a reply from .the MioMfr-i-'pf -Justine, d< ('lining t,-> net upon the advice, he (Hs H'>nor) I'irr.' fowrkCt it to counsel whether (lioy .wot id jjfefer proceeding or asroe to an sk'j -urnment of the ci^ til the sitting of the next District Court. I'lie counsel atjcepted the inconvenient alternative, and »Le cube wi« ai'j 'iir'ied accordini»ty. to I c seMffisenced nook saving the pleadings. Satukday, 30tk (-CTOBEn, 18 c O. CIVIL. Lfe (Trustee in lite Mstafe of Parry) v. Campbell. This case wtts called to save the pleads logs and was M.ij-mrnetf tiH n f -xt silting. [Tt was subsequently, on his Honor's judicious ndrise, w:thdr;uru, and rquit;tb c arrangements made. lif 'Bakkscptct. Mf Guinness applied (or an order for maintenance in M. J. Parry's case of bankruptcy, and called the deb'or in support of the motion. JXot proceeded will). M. J. Parry's petition for discharge wa^ opj-o-fd by Mr Lyndi, «!io app!n-d for an adjournment on the ground of the absence fit Mr Lee, trustee in the estate. The adj'iurnmsnt w;is reftts''d, and Mr Guinness supported the application of the debtor. Vl r Lynch dedined- to examine the debtor, but this was done by his H->n tie . who thereupon made an order lor dls* charge. Under titk Mining Ucsipaxie*' A ct. In die matter of the Pjarri n of the Nationai. Ba:>e tor she xnsDixo up oiiDEB against the Uki-in Cojipaxt. On tiie cisc beinsj called, Mr Lynch mov<d for an adjournment. ii!l nest si:> titig in order to have the petition properly signed. His Honour remarked that as lii? b.ink ! hud already on a former occasion in this matter, received the indulgence of tin: Court, it should have come Lefore tue I Court belter pre.iared. j The Court ruled that *he signature of i the General Manager of the Bank to the | lictii.ian was essenli.-il. Piiiiion being j ilius informal, was dissmissed , costs,) £2 2<. A valedictory address from Mr Lynch, the resident counsel, to his Honor, was tnude iv eulogistic teri.s. His Honor replied, and the Court was adjourned sine die.