The Dunstan Times. FRIDAY, APRIL 3, 1868.

Dunstan Times, Issue 310, 3 April 1868, Page 2

The Dunstan Times.

FRIDAY, APRIL 3, 1868.

Beneath the Rule of Men entirely just the pen is miohtier than the sword.

In consequence of a pressure of important news we are compelled to hold over our usual leading article; the report of Mr. shepherd's (M.P.C. for the Goldfields) meeting at Queens, town ; our correspondents' letters from Cromwell and Macetown ; and several letters on subjects of general interest. A considerable number of claims under extended areas sti 1 continue to be taken up, in the neighbourhood of Conroy's and Butcher's Gullies. Within the last week, the Warden has granted two applications for extended Claims, one in each of the localities named. The Molyneux stiJJ keeps falling steadily every day, and there is great activity amongst the shareholders on the banks and beaches. The Celestial population is greatly increasing, and we hear that a large central depot, will shortly be opened at Clyde.

We are glad to learn by private information received from that district, that the Macrae's Quartz Crushing Company will be ready to commence operations in a fortnight hence. Several new companies wait for this, in order to test the stone obtained from their several claims; and judging from present appearances, Macrae's is likely to become an extensive quartz district. " Evening Mail." Amongst the passengers by the Tararua Steamer to Melbourne, which left Port Chalmers, on the 24th ult. was Mr. B. L. Farjeon, late Manager of the Daily Times Newspaper. Mr. Farjeon intends visiting England. It will be seen by reference to our advertising columns that a public meeting, convened by the Mayor, will be held this evening, at the Town Hall, for the purpose of adopting an address to His Royal Highness the Duke of Edinburgh in reference to the late dastardly attempt upon his life. A meeting of the members of the Volunteer Fire Brigade is also called by advertisement, to take place this evening, at the Council Chambers, for the purpose of electing officers. The business in the several Resident Magistrates' Courts in thi3 district has been very light of late. At Alexandra, on Monday last, there was one case of drunkenness, for which the offender was mulcted in a penalty of 10s On the same day was heard the case of O'Regan v. Hillhouse, a disputed claim for £l6 35., value of four sheep, a pig, and money lent. The defendant admitted being indebted £6, and had paid that amount into Court. "Verdict for £6, without costs. At Cromwell, on Wednesday last, the applicatication of Henry Norman for a license to sell liquors on the Alberttown Racecourse was granted, In the Warden's Court there was a complaint by the Mayor and Corporation against Goodger and party, for refusing to supply the town with a head of water without charge, thereby committing a breach of the conditions of his (Goodger's) water license, such condition having been endorsed on the said license, issued in July, 1866. George Jenour appeared by written authority, in the absence of the Mayor, and Mr. T. L. Shepherd con-, ducted the case for the defence. Mr. Jenour produced a cony of an application for a water license by the defendant, and also the conditions under which they were to supply one head of water to the township ; also a letter from Goodger, in reply to one from himself, in which he stated his willingness to continue to supply the township with water upon the water being paid for as heretofore. Mr. i Robert Kidd, a member of the Town i Council, gave evidence as to the sup-' ply of water to the township being insufficient, Mr Robert Edwards, also a member of the Town Council, dnposed that complaints had been made of an insufficient supply of water and that the Council intended taking the matter of supplying the town with water into their own hands. Goodger's tender was the lowest, and was accepted, but before the contract was signed, he, witness was informed that the Town had a right to be supplied by Goodger and Co- free of charge, lie therefore in his place in the Council opposed the signing of the contract: the Council had not been previously aware of any right to a free supply, and he, witnes, as well as others, had been paying Goodger and Co. for water. For the defence, Mr. Shepherd urged that, the original right for the Race was granted un conditionally in 1863, and that when Goodger and Co. the present owners applied for a lease under the Act of 1866 they intended to enlarge the race, so as to carry five heads, it having been constructed to carry three ; since the race was first constructed, a branch had been brought into Cromwell, and the inhabitants had been paying the owners of the nice for the use of water. The conditions imposed upon the license by Mr. Warden Stratford was to the effect, that they were granted five heads, but that one head was to be allowed to run through the Town race; nothing was said about any conditions under which the water should be supplied, and had his client have supposed that they were to forego the money they were then receiving for water, they would not have accepted the license ; besides they had not yet enlarged the race to cany five heads, although tbey still claimed the right to do so He called as a witness G W. Goodger, who proved that, "until quite recently, there had been no demur on the part of the townspeople to pay for water. Michael Connelley deposed that he was at present renting the race from Goodger and Co., and that he was bound by them to let a supply of water run into the Town. He had done so, but the supply had occasionally been interrupted by the breaking away of the race, but never for more than two days at a time, he, witness had been collecting payment for the water from the inhabitants, who paid without a murmur till the bejjining of the present year. This closed the case. The Warden remarked that under the 112 th Section of the present Goldfields' Act, no person could recover any interest in a water race, un less he had been the holder of a Miner's Right, a Mining or Agricultural Lease or Business License, thought

it would be essential before giving any judgment, that it should be shown, that the Mayor, either now possessed or had in his possession some time since July 1866, one of those qualifications for a suitor, Mr. Jenour stated, that he believed the Mayor held an Agricultural Lease. The Warden therefore adjourned the Court for half an hour to permit of the attendance of his Worship, the Mayor, At the adjourned sitting, Mr. W. J- Barry, wss in attendance, and informed the Court, that he had not posessed during the last three years any of the qualifications required by the Act. The Warden said, he feared, that this was fatal to the case. Mr. Shepherd regretted that the case, should go off upon a point of law, rather than be decided upon its merits. In dismissing the case, the Warden said, that for the purpose of preventing useless litigation, he felt justified in saying, that so far as the present case had gone, it did not appear, that the plaintiffs had established a prima facite right to a supply of water, free of charge, he wished them not to take this as a judgment of the Court, but as an expression of his individual opinion. The case was dismissed solely, on the ground of Plaintiff not having the qualification of a suitor.