DISTRICT COURT, CLYDE.

Dunstan Times, Issue 457, 20 January 1871, Page 2

DISTRICT COURT, CLYDE.

Monday. Jani'aiiy in. (Before His Honor Judge Cray.) Walker v. Gerranl.—This was an ac'inn 1 brought to recover Hie sum of £ 10 cash lent and £3 for wages. Mr. Brough appeared for plaintiff.

Pl.iiutifF depose 1 tb.it. in tbe month of December, ISO2, bo agree 1 to purchase a h.df-share in tbe Aurora Company's claim from defendant, for £.IOO, and pai I £(i() down ; but, not b-'bio aide to make up the bahinee, forfoiied Id-bargain on efcndant’s agro'ag in re : urn (bo £3O deposited. Defendant gave b’rn a prnmi-sory for the amount, winch ho produced. (The prouiissmv note, hohig on tamped, was not a ndt'ed.) The wilne-” stal.d (he reason why it was not stamped was that no stamps could lie procured at the time it was drawn up Defendant st.de' that ho considered the plaintiff had forfeited (he iOO deposited when he dnl no'|emipete his bargain, hut admitted the Judgment fur the a nount claimed, with CO ts. APPEALS. Sco't and others, appedants ; M‘Lean and others, r -sponden '.—This was an appeal from a doei'ion of be Ward n’s Court, ordering the apjr'Mant,', who .e water-race derived its supply fiom Shepherd’s Creek, (o allow two heals of w.i er to How down the iiaiur-l channel of that creek for nine hours a day The g omuls of appeal were that M Loan, in Ids sworn testimony, said there were sixteen men working on Shepherd’s Creek, whereas there were only eight; th..t 'he w. or, by being diverts by ap, illaiPs into Sin' h’a Gul y, gave employment In twelve Lii'Opeaii ii.nl 1 iircs Chinese niiaeis, mid had eo.t r.'J,oo'o in the eOii.slrue 'on ot the race, v ! i other I. go

sums on i' ' ii'.aui.cii. ncc ; Ui.t, tuercfore, the “general use” ot tne w..i,er would be boiler seuured uy eon-inn-eg the uso thereof to the app '•-•.m ■■■•jju y u. i ng it down j its mi- m\ 1 v hr ><.• 1 All. Uood.-y .-jiji . 'o-i for appel'ants and Mr. tirouji lor i spendtus. My eo ment, Urn grim -ds of up cal were : amended us jo l ovVs :—'fiiot theWaiuen Ik.s no power, eiihor exp; -.eu or implied, to uunvO an order -men us lUe eompiuiu.inis asked in thc'r p'r :t, can ih.it coilihe sai-i judgum-t ii v ;a vons and void ; tuac tUe use -or un'eil no Water is ask; d Oy lUe Compk'i.ia'l 0 is no. a “g lieiui use ’ as contemplated dy L’-o 11 guCiioiis. Air. Ce-om '. ;.ed '-b.-t ibis was a case of grea f - impoi i.. •, a -u., if decided against ; bis clients, would have the edict ot ruin- | ing had v.ue rkcwholders in tho country lie j contested vuat under fchieuou (IS of the liegulaiious, w. ier-n_.li t onto g-wm od con *d not oe revoked except by the Governor, and then compeusa ton Would have to bo given. Thu Wardo.,’s Court, being com situ ted under a special staaue, could not go beyond the express provisions oi turn, s a.uie, and it gave no power to tho Warden to deterluiue when water was required for general uso. tie also eoiiiendeu that the tesponuents we e asking the w.uer lor a particular purpose, viz., mining, nut general use. ilia clients, who bad been id possession of the water,tor eight years, un,.eragUnt flout tne Crown, hatl a better right to (he water than respondents, who would bo here today ami gone to - morrow, ilo maintained that it lay upon respondents to show their own right, and not tak: advantage of tht weakness ol appellants. To show tnure were not the number of men working nithe creek stated by M'Lean he Called

1 Mr. Uaiitl, Uiari ol Uw U'oui'vcll Cuurt

wiw stated there were s. xteeu acres in Si o herds Cok regsterec 1 Charles Pretseh, a sharel lolder in the All Nations Company, deposed thaljthere were only five claims at work on Shepherd’s Creek. Know the claim ho" dby M ‘Loughlin at the foot of the C’r lek. Only one man is at work in the i ilaim of Allan M'Lean. Six men were at work in witness's claim, and six 1 luropeans, and three or four Chinese miner i are supplied with water from the rai e. The Royal Standard crushing machine employing four men is worked by water fro n the All Nations Company’s race. Fou •or five other" parties depend on the race f >r water for omcstic purposes The rue ) cost t2SCT), ami tnc crushing machine a >out they were deprived of the two heasof jj|p» water, neither their claim ut r the crushing machine could be worked. Did not know whether two beads would b 3 si’tficieut to Work the claims on Shej herd’s Creek. Water could be brought i ilo Shepherd’s Creek from the Nevis at a c >st of £3,000. Cross-examined : The All Nations Company let water to rhe Euro, nan miners for £2 10s a week They have >een using the water for six months. The Chinamen use the tail wat r. Had made only a verbal arrangement with ( he Enter, wise Company. The crushing math ne had been erected since the suit was pending The £2,500 the race cost was expended in labor and material in putting the clal in in working order, but witness could not say how the amount was made up. It would , not be possible, except in wetscaso is, to stow water sufficient between the hj mrs of 5 p.ra. and 8 a ni., for the working of the claim. He was not prepared to say there were not s'xteen acres taken upon S' lepherd’sCreek. All the claims were below 1 he hea i of the race, it was not possible for the miners mi Shepherd's Creek to wi rk their cairns unless two heads Hewed ■ e wn the creek. Henry Behrens, shareho’ dir in the All Nations Company, stated hat M - L .iijiilin was raining for coal at tl e foot of S;,ep. herd’s Creek, and that tb s water Rowing own its natural channel would bo disadI vantageous to him. • T.ds was appellant's ca le. Mr. Brough for respn idents sail, this was a case of might agaii st right, and animadverted on the coniine ;of an up-country newspaper, which had vi dated the ordiuaIry rules of journalism in commuting upon i the case while it was “ sub judiee” Ho ! considered the testimony • given by appellants supported the evid mce taken in the Warden’s Court, and th; .tit could not be disputed Cru if the Wai en had the power to grant a water right In s had the power to revoke it by the 13: hj Regulation, The sections referred to by Mr. Goo ay did not apply to the present ease He would adduce evidence to show the water v, as required for general use. Allan M’Lean, miner , one of the respondents, deposed that he took notice of.the applications for minin; ; areas in Shepherd s Creek in October Just. There were sixteen applications. Three tail races were in course of construe ion on She, herd's Creek, and good payable prospects were obtained. All the claims are below the head of the All N itions Race. It woul 1 be impossinJe to wot k any of the claims unless two sluice hj lads of water fb wed i down the creek. Th 3 creek flows past th Kawarau Station. 1 u dry wia her it the All Nations Company got their full quantity of water only six or eight inches would come I. own the creek. The Sh. pherd’s Creek miner* asked the All Nations Company to allow two siuicehea s 01 water to flow down , the creek but they,rel used. Ail the miners are anxious to get to work. . Cross-examined :'J he prospects obtained were £5 per week. i\ iuiess’s party were 1 cutting in a tail race o re hundred and liity ! yards long. With two sluice heads of water s their claim will last u 'o years. Have been 1 in Shepherd's Creek sihee October last ■ Nearly ah the claims were taken up-then. • Delia d M'Lean was v. ilness’mate. r James Cowan manu ;tr of the Kawarau

Station, said mat thee di Nations (Join pan > by diverting tne strean ;of Shepherd’s Creeit deprived the station ot nater required l u r

M'ooi-scournig aim ling mug ireehoid laml It liuwea tniough tlm , ile-euiptive right of the Station, ana tiiere was* nu oilmi’ Mater availai re. Cross-examiuediW itn iss had been manager of th station ior lour yt ars. Another creek ilowutl through Uie st ttiun, but it Mas am.osi, my. M i not k now Mhethor Air. hi V. iizic tUe jjrevioU. ; manager ot the nation sigue.i ine appi. canon lor the All Nations l.umpaiiy to nave the lace. Did not Use the Mater in tne race because it was a mile ana a nan troiu ti .e station. Air. jjiuu 0 n stale.! til. t his clients might property' have appemea i tom the decision of the Warden's Court, rl s wouia now ask that the M ater should di reeled to ilow uown the natural cliauucl coin inuaily, mstcaa of only nine hours a day us directed by me Warden’s Court \ Ills Honor Judge Ora y stated that, the merits or the case, hj e would cohtirm the deeislou ul the \V ar. leu and assessors with costs. At the same t uue he considered it a hard ease lor appella uhs, Mho, on the faith of the water not bein, ; needed, had gone to eonsinerable outlay ; an ihatl responaiirti not been poor men he would not have allowed costs. IV BANKRUP TCY. lloWilliamHenderson, ho telkeepur, Gentle Annie, and Michael Held .11, miner, Nevis, lu these eases applio ition s tor final order and discharge Mere ma e by Mr. Brough and granted. Ho W. Prescott, blacksmith, St. Bathan’s, and Noil Peyton, hotcl-hccicr, Bendigo. In these, cases Air. Brough stated that due no; ice had not been given to creditors of the application, and he therefore asked for a postponement till next si ’.ting. His Honor granted Mr. Brough's re«ju ret.