WARDEN'S COURT.

Cromwell Argus, Volume V, Issue 248, 11 August 1874, Page 5

WARDEN'S COURT.

Friday, August 7, 1874, complaints.

Goodger and others v. Thomas and others.— This was an action brought by the plaintiffs (the Bannockburn Water Race Company) against the defendants, miners at Cornishtown, for the purpose of compelling a cancellation of their waterrace license, on the ground that between November, 1870, and July, 1874, the race had been disused for a longer period at one time than thirty days. Mr Cowan appeared for the plaintiffs; and Mr Wilson, for the defendants, pleaded a general denial. The witnesses on both sides were ordered out of Court.

Mr Cowan called G. Rendall, who knew the race in question, which was the prior right from the Bannockburn Creek. In 1871, he visited the head of the race, for the purpose of making application for it, as apparently it was abandoned. Visited it three times ; on the third time there was water running in it, and he did not therefore apply for it. There was always water in the creek sufficient to supply the race. It was abandoned on the occasion he spoke of for quite two months. ','

Anderson knew the race, and lived for some length of time within a hundred yards of the head of it. He left for Manuherikia in August or September, 1872, and the race was unused for six weeks before he went. There was a creek at Wet Gully, (which the race passed through,) from which in wet weather the party took a supply, and then they left the BannockHe remembered a big slip in the race feansed by a flood in 1870 or 1871, and then the race was unused for perhaps two months. They might have had plenty of water from Wet Gully. A. Perry knew the race, and had rented water from it in December, 1872. He then with his mates cleared it out. It was in a very bad condition, and the upper portion of the race, above Wet Gully, could not have been used for some time. It was two and a half miles from the head of the race where it took in water in Wet Gully. Took them three weeks to clean out the race, so that they could use it. Owen O'Nei): Was one of the plaintiffs. Knew the race well. The day after Christmas in 1874, saw the race, and it was broken away at the head ; and on day after Good Friday in 1874, it was in the same condition. Impossible that it could have been used durinjr the interim. From '27 th April to 13th July, this year, the

race had been in a very bad' condition, and very little water was running in it. Last Saturday, there was no water at all in it. Cross-examined by Mr Wilson : Since the 15th of June, had frequently examined the race, and found little or no water in it. Had gone along the race, and could find no reason for the water being stopped. About the 27th April, Gabriel, one of the party who rented water from the defendants, had told him he meant to give the race up, and since then the race had been unused.

This was complainants' case. For the defence, Mr Wiison called James Marshall, who lived close to the course of the race, amd whose party owned a race from the same creek. From November, 1870, to September, 1872, had seen the race every day, and it was evidently being used all that time. Since September, 1872, had seen it only occasionally, perhaps once a week. During the four years, saw nothing to lead him to believe that an action would hold for forfeiture through disuse. If he had, would probably have entered such an action.

Wm. Ellis, one of a party with last witness, gave corroborative evidence. Wm. Goldsmith, also one of the party, knew the race, and had never seen it without water except when being cleaned out, or when broken away. In the first or second week in June of present year, a break took place in Wet Gully, and owing to the frosty weather, in his opinion, it had since been impossible to repair it. Cross-examined by Mr Cowan : Mann and Gabriel were working With the water up to 16th May, at any rate. Was positive that from November, 1870, to June, 1574, there had been no disuse. The brake at Wet Gully was probably accidental, not wilful. James Stephens : Was a miner at Cornishtown, and had rented the water from the race in question. Produced bopk to show when he had rented it. From December, 1870, to March, 1872, had used the water. There were occasional stoppages, generally caused by floods ; but it never had at any time been stopped for the half of thirty days. When his party gave up the water, it was turned into another race owned by Thomas and party, and the two then divided the whole of the water, until Mann and Gabriel rented water from the race in question. To his knowledge the race had never been disused for so long a period as thirty days. Thomas Mitchell was one of the holders of the race, and had worked with the water. Stephens had worked with it as deposed, then Thomas and himself had worked with it, and then Mann and Gabriel, who gave it up in the latter end of May. The race had never been disused. No water was running in it now, as it had broken away at Wet Gully, and could not be repaired on account of the frost.

He.ny Thomas gave corroborative evidence, as did H. Edwards, who had worked with part of the water in May since Maun and Gabriel gave it up. It broke away in Wet Gully in June, and had not been repaired on account of the frost. This was the whole of the evidence, and the Warden intimated that he would hold over his judgment. Ah Gown. A. Eitchie.—Unlawful interference. Adjourned for one week for presence of interpreter. APPLICATIONS. Protection.— Thomas Scott and five others, 60 days' for quartz claim at Carrick ; to test reef : grunted.—Heart of Oak Company, GO days', quartz claim, Carrick ; cause, flooded by snowwater : granted for 30 days. Extended Claims. —J. Cavanagh and another, two acres in Bailey's Gully : granted.—Another application by same party was withdrawn.—W. Perriam and another, two acres in Grand view Gully : granted.—John Arkell and another, two acres in Grand view Gully : granted.—Peter M 'Donald, two acres in Bailey's Gully : granted. Water Race. —J. Arkell and two others, to extend water race No 2755 : granted. Tail Races. —Applications by Cavanagh and M'Donald were withdrawn.

Dam.— Jules la Fontaine, Kawarau Gorge : granted. Residence Area. —The application of John Park, Pipeclay Gully, was objected to verbally by Owen O'Neil: adjourned for presence of applicant in pei son. Diversion of Stream.— S. Fuller and three others, to divert part of Nevis River : granted. Gold Mining Leases. —The application of Williams and Edwards and the Caledonian Q.M. Company were adjourned for one month.