WARDEN'S COURT, ALEXANDRA.
Tuesday, April 17. [Before Mr. Warden Robinson and four Assessors.] Kenny and others v. Wood and others. —lnformation for non-compliance with the Warden's order, in not turning down the natural channel of Butcher's Creek, two heads of water, whorehy a penclty of t°n pounds was incurred, complainant also claiming damages to the extent of £ls in cor sequence thereof. A number of witnesses® were examined for both sides, and it was satisfactorily proved that that there were two heads of water running down the creek. The jury gave a verdict for defendant, with £6 3s. costs of court. The case lasted to a late hour in the evening. Mr. CE. PTaughton conducted thecasefor plaintiffs ; Messrs. Jack and Chappie for defendants.
i Wednesday, April IS. [Before Mr. Warden Robinson and four Assessors.] Iversen and party v. Jones and party. Complaint for taking water out of Conroys Gully on the 9th inst., whereby plaintiffs were put to j£'l9 damages. Mr. Haughton, who appeared for the plaintiffs, objected to the jury list on the ground that the majority were interested n the races. The Warden sent for the list to see if the names had been taken in proper order, and it was found that such had been done by the officer in charge. The jury list was struck after a strong protest from Mr. Haughton. It w:is proved that there w ere only Scinches of water flowing through the guage hox, but as the defendants' rights were held under the old regulations the re quired quantity of water- was therefore runding in the creek. A verdict was accordingly given for the defendants, but without costs, During the hearing of both cases some very important questions were raised, respecting water-rights, and as to whether water running down creeks should be measured under the old or new regulations,
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Bibliographic details
Dunstan Times, Issue 208, 21 April 1866, Page 2
Word Count
307WARDEN'S COURT, ALEXANDRA. Dunstan Times, Issue 208, 21 April 1866, Page 2
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