WARDEN'S COURT.

Cromwell Argus, Volume III, Issue 141, 23 July 1872, Page 6

WARDEN'S COURT.

Thursday, July 18. (Before E. 11. Cartw, Esq., Judge and Warden.) WILTON AND ANOTHER V. BARK CHUNG AND OTHERS. The complainants sought to recover the sum of £SO for damage alleged to have been caused to their water-race by tailings from defendants' claim. The hearing was adjourned on the previous Court-day to allow of the production of further evidence as to extent of damage. Mr Allanby, solicitor for complainants, stated that Mr Smythies, surveyor, had visited the Luggate, and examined the race, and would now give evidence. H. W. Smythies, sworn, stated :—I examined the complainants' race on the I3lh »usS., and fouud there was a considerable quantity of silt in it from the head to about half a mile below the fluming. Took particular notice of the parts that were silted up, and the depth of the silt. The greatest depth of silt in any part of the race was six niches, and that depth extended over twenty chains. Other portion:- were silted up to the extent of from one to four inches in depth. With oue inch of silt, the race would carry four sluice-heads of water. It would take one man about a fortnight to clean out the race. The silt consisted of line sand and light soil, and resembled tailings. In cross-examination by Mr F. J. Wilson, (counsel for defendants), the witness said lie thought the race would carry six sluice-heads. Only about one head was running at the time of witness's visit. There were no trihutarics of any conseepjenee running into the race. By the Warden: —The race was not sufficiently choked to prevent the one sluice-head (lowing in it. The race was about 14 inches wide, and 12 inches deep. This was the case for complainants. Mr W T ilson submitted that the complainants had really proved nothing; that they had given no evidence to show they had suffered any material wrong ; and that if they were entitled to any damages, the amount claimed was absurdly excessive. They had not proved the loss of a single day's time until after the Ist of May. The Warden, in giving judgment, said :--The plaintiffs have proved that their race was damaged by tailings discharged into the watercourse at head of their race from defendants' workings. This has been clearly tiaced to defendants, up to the Ist May, other miners being then working in the same gully. Ou Ist May, plaintiffs shut olf the greater part of the water, as the race was filling up fast. The evidence with regard to amount of damage up to Ist May has been very conflicting. Plaintiffs say it would have taken two men two weeks to clean it out. Two of the defendants on the last court-day swore it would take but three or four hours for two men to clean it out. Mr Smythies, who visited it last week, finds it would take two men a week. Plaintiffs claim as part of the damages for the time they have been idle, —since Ist May; but this T cannot allow, as I consider that unless they found that defendants were making som e provision to prevent further damage, with which plaintiff's were satisfied, they should have brought their action at an earlier day. But they are entitled to somejfurther sum than the actual cost of cleaning out the race.—Judgment for £8 ; costs of court, Bs.; witnesses, £5105.; and professional costs, £2 2s. APPLICATIONS. Extended, Claims were granted to the undermentioned applicants : —Edward Kennedy and three others, north side of Adams's Gully; George May and another, west branch of Luggate ; James M'Donald ami three others, adjoin. ing Stewart and party, Nevis Gorge. Tail Eaee. —George May and Francis Kenny applied for leave to carry a tail-race through the claim of Ah Soo and party at Luggate Creek. An objection had been lodged by the Chinese party, one of whom appeared in support of it. A pplication refused.