WARDEN'S COURT.

Cromwell Argus, Volume V, Issue 228, 24 March 1874, Page 6

WARDEN'S COURT.

' Wednesday j MAftcH 18, 1874. .: (Before, W. Esq., Warden.) ... APPLICATIONS. •i Mxlended Claims. —John Bruce and another, two acres in Adams's gully : granted;— Thomas M'Nulty, one acre otf'Bfowji's flat: granted. Protection.'— Geprge~Partridge and another, 90 days' protection in Barclay's gully ; granted. Dams.— H. Joblin and another, on Brown's flat: granted. Tail Races.— H. Joblin and another, 400 feet from claim on Brown's flat: granted.—J. Bruce and another, from claim in A dams'gully: granted. Residence Area. —James Smitb, one acre in Shepherd's creek: granted. JUDGMENT. W. Goldsmith and others v. G. W. Goodger and others.—The Warden delivered the following judgment in this case :—"That Thomas and Tippett's right 00090, 24/6/63, is the first on the Bannockburn creek ; that Thomas and Tippett's right 01045, 24/12/63, is the second right on the said creek; that Marshall and others' right, of which 6192 is apparently a duplicate, and Thomas and Tippett's right 3734,12/7/64, were co-equal; that, however, 3734 has since 1872 been unoccupied,' aud must be said to be unoccupied at the present time, as the Court cannot recognise the occupation sought to be established by Goodger and others. The Court finds that 3734 has forfeited any co-equal right it had with 3727, and any prior right it had with subsequent rights from said creek, and that by virtue of the regulations to that effect, • occupation shall be deemed to commence at the first re-occupation. Also find that the defendants, Goodger, O'Neill, and Mulkolland; had damaged the complainants by their neglect to allow sufficient water to pass for the supply "of all rights superior to their own on the Bannockburn creek, which damage the Court assesses at £lO. and giws judgment for that amount against Goodger, O'Neill, and Mulholland, with costs, and professional expenses of £2 25."