WARDEN’S COURT.

Cromwell Argus, Volume III, Issue 140, 16 July 1872, Page 6

WARDEN’S COURT.

Thursday, July 11. / V>„f. ... ITT IT n„ , /.7 r . I 7 717 1 1 I i jgmc ly. vii/iio, easy., oawjv uiuc n a rata, j WRONG FUL INTERFERENCE. W. and G. Wilton v. Bark Chung, Tu Quong, and Soo Hay.—Tills was a similar complaint to one heard before the Warden on the 27th of last month, and decided on the 4th inst., in which the complainants were nonsuited. The complainants claim £SO damages for loss of time and for injury sustained through defendants allowing tailings from their claim to flow into complainants’ water-race in Dead-horse Gully, Luggate. Mr Allanby for complainants ; Mr F. J, Wilson for defendants. William Wilton, one of the complainants, gave the following evidence :—l am the owner of a water-race at the Luggate, and hold a certificate (produced) for four sluice-heads from Dead-horse Gully. I have owned the race since about July Defendants have an emended claim in Dead-horse Gully, about a mile from the head of our race. Some few weeks prior to the Ist of May, 1 found the water in the race discoloured. On the Ist of May I went up the race and found it nearly full of sludge. Visited defendants’ claim, and told one of Bark Chung’s party that our race was getting tided up with sludge, and that it would cause ns to stop work. I understood the answer to be that the defendants were going to adopt some plan of stopping the injury ui our race. I then went and shut nit the gre iter part of the water. On the Ist of June, the race was entirely silted up just below the flumhig. In order to give the water more fall, and cause the sludge to be driven down, 1 raised the bones oc the limning ; but this proved unavailing, thi the 11th of June. 1 went up to defendants’ claim and found them still working. Some days peviously 1 found another party of Chinese at w irk in a claim below Lark Chung’s. Our race became silted up in cousorjueuco of tailings ami sludge flowing into it from defendants’ clam. On the 11th of June, the water was perfectly clear ah:>re defendants' claim ; but innnodi ifc.fly below, after leaving that claim, it was like peasoup. The creek is rock-bound for about twothirds of its extent, and in itself forms a tailrace, which lias a very great fall. The second party (Chung Kain’s) have a dam at the upper end of their own head-race : it is about eight fact wide, and twelve feet high, substantial!v built wbh stones, and has a lar re square opening at the bottom, and a gate which Jibs up an 1 down. When the tailings from defendants’ claim ae ;u----mnhvie in this dam, Cluing (uni’s party lift die gate up and let the water pass out through ihe aperture heiore mentioned. Tile tailings than pass along the be.l of the creak, through Knm’s nil-race, and along towards our water-race. The object of the dam is to keep defendants’ tailings from running into Kam’s tail-race, and also to give the latter a supply of water. Defendants proniis id to contrive some plan to prevent injury to the race. The damage done >n the race up to the Ist of May would have taken two men a fortnight to repair. Cr iss-e::aniincd by .Mr Wilson:-! have not put any s ones in the race. From the head to the limning, the race varies from one in three feet in depth, and in that part of the race there are in some places .six inches of sludge. Where the water is deepest, and runs slowest, there s most sludge. Inflow the limning, for a distance of 40.1 yards, the sludge is from four to fourteen inches deep in the race. I have remaiue I idle Since the Ist of .May, on the strength of defendants promise to make some eilbrt to keep the sludge trick. The next witness for the complainmt was Chung Kam, whose evidence was interpreted by -Ma liny; I have an interest in an e needed clann in Dead horse Gully. There are fair of ns in the party. Our chum is below Bark Chung's. Wc be ;au wor.c about eight weeks ago, and made three dams before we began sluicing We take our water from Bark Chung's tail-race. This was the evi haice for complainants. In reply p, \'r Wilson, The Warden said there was certainly a sufficient ease for the defendants to answer. Several facis had come to light which had not been elicited when the case was previously before the Con id. For the defence, Mr Wilson ciPcd Lark Cluing, who gave, through the interpreter above-mcnlioncd. the following evidence ;—1 am a miner, residing at Dead-horse Gully. Have been sluicing there for about thirteen or fourteen weeks. About eight week* ago, Ah Coco, one of our'party, told me that the e imp’.ainant (Wilton i had been up to on>- claim, and had complained of his raceb iag libel up. We made a dam for tailing's so as to stop the lilling-up of the race. Two men could clean out Wilton's race in three hours. Ah Cooe. examined through the interpreter, stared : —\\ ill on came to our claim a hone eight nr nine weeks ago, and told me wc should have to make a dam to catch our tailings. Below the flaming, there are about four or live inches of sludge. Two men could clean out the race, in three or four horns. I he Warden eonsMc-’od defendants were liable for damage caused to the race up to Ist May. That had been c'early brought, home to them ; but lie thought the matter niid.it be arranged beiween the parties without incurring further expense. in reply to the Warden, I no (leiondants expressed their willingness to clean out the race. The Warden adjourned the ease till that day wee!c. Meantime, he woo d expect the conipla’natns to bring the evidence of a, surveyor as to the extent of damage done to the race ; or, if the, parties chose to arrange it between themselves, there would be no occasion for their reappearance on next Court-day. A SIMILAR COMPLAINT. Hoffm ann r. Fo nc. — The parties in this case are miners at Frenchman's Gully, Lit vi'e ; and the complainant sought to recover da mavis for injury caused through defendant divrrling witcr frmn, and depositing tailings upon, complainant's claim, dhe defendant did not appear. Mr F J, VVilsi m for complainant. Tin' ovi Lilac adduce 1 f ip complainant wont, to show that the defendant had deprived him of the use of half the water to which he was entitled. The Warden gave judgment for 2s, 6d. a day

per mau as compensation for loss of water gether with 11s. costs of Court, 40s. costs of nesses, and 425. solicitor’s fee. WILTON V. BARK CHUNG. Mr Allanby, solicitor for complainant ■ that this was an application under section reg. 2(3, for cancellation of water-race It, granted to defendant. ! The Warden ruled that he had no under the section quoted, to cancel a waU license. w Complainant’s solicitor produced no evil, and Ins Worship ordered a nonsuit, with witnesses’ expenses, and 2ls. solicitor’s fee WILTON V. CHUNG RAM AND OTHERS This was a similar application to the fores, and was dealt with in the same manner ° plainant to pay 7s. Gi. costs, and 21s. soli c j fee. APPLICATIONS. Evan Jones and fire others (represented b J. Million!) applied for sixty days’ protec for the Black Horse quartz claim. Au objec was made hy Mr Wilson, on behalf of f> 3 Moore, on the ground that a certificate had] granted on the 2nd of May to Henry .Sui D! and party for the same ground. His Wo r said there appeared to be a bona Ji.be dab ownership by another party, and ‘ therefore could not grant a certificate to the present plicants. If the hitter disputed the fact of other party being entitled to the claim, t could apply for cancellation of the certificate) by Summers and party. Extend' J Claims were granted to the foil ing applicants : -Edward Major, oppositeßl Bock, Nevis Corge ; Charles Hudson. Sprot Creek, Xevis Corge, The applications of lladfurd and E. Kennedy were postponed; appearance of applicants. T",/. Ua-e. A certificate was granted toC] Hudson, Nevis Corge. II nfi-r Itnce. A. Olson obtained permissbi ta!;c eight sluice-heads of water from his raa Surface i’oint, Kawarau Corge. PmU'c'i-m. —Sixty days’ was granted to W ilsou and party (on account of inclement i thor) for quartz c'aim No. 1 west of 8 01 Clnef.—Miilerand Hanger obtained three mnn protection jor their licensed water-race at i of Lnggate Creek.