WARDEN'S COURT, CROMWELL.

Dunstan Times, Issue 249, 1 February 1867, Page 3

WARDEN'S COURT, CROMWELL.

Before Wardens H. W. Robinson and Henry Stratford, and Four Assessors.

Aitchison and Others v. All Nations Mining Co.—llaiiu for £SO damages alleged to have been sustained by complainants, who are miners at Adams' Gully, through defendants, who are ownera of a water-race, preventing water flowing down Adam's Gully, sufficient for complainants' workings. The evidence for the complainants, was to the effect that defendants' water-race crosses Adam's Gully, and that they intercepted the water by taking it into tlu;r race instead of allowing it to flow down the Gully. It appeared that the Warden, Mr Stratford, had formerly made an order that the " All Nat ons" Company should only take water when the quantity in the Uully was in excess of one sluice-head. Complainants further alleged, that on the 22nd January last, defendants had turned a portion of the water then running in the Gully into their race, when the total quantity running was less than one head, and that the water had been so turned < ff till the 24th inst., and they, the complainants had been prevented'from work ng during that period ; they claimed £1 per day per man for loss of time; £lO for partial interruption during the fortnight previous, and £lO for loss of time in pr< - secuting the suit—making in all £SO. The evidence for the defence showed, that on the 22nd inst., when the water was turned into the race the estimated supply in the Gully was one head and a half, and that only one-quarter of a head had been taken.

The Court, in summing up, called the attention of the Assessors to'the fact, that there appeared to have been no measurement of the water by oither party; also, that the amount of damage sustained was imperfectly made out, and generally, to the conflict of evidence in the case. 'the assessors, after considerable delib eratioh, found a verdict for plaintiffs for £7, and added as a recommendation that the gully workers should place a guage to measure "the sluico-Tieai to which they are entitled.