WARDEN’S COURT, CLYDE.

Dunstan Times, Issue 476, 2 June 1871, Page 2

WARDEN’S COURT, CLYDE.

Tuesday, May 30. (Before Vincen Pvke, Esq., Warden.) Eeraii'l v Unit. Tins was a claim for £2OO. damages sustained through defendant diverting the -water of the Wai Keri Keri Crefek. Mr. Brough appeared for plaintiff. Defendant conducted his own case. Mr. Brough said that the law of the case had b on settled by the District Court in favor of M's client That Court had mulcted defendant in £d danvi es for interfering with the water in the Wai Keri Keri Cr ek, and his client now sought toreoove damages for the loss he sustained through being deprived of the water by such interference. He called. J. T>. Forand, who repeated tire evidence given hv him in previous cases relative to serving Holt wi f h a notice to : llow im to take the wate for four weeks, and the interview with Holt- on the subject which rcsultel in Holt telling him he could take the water at his own risk. He calculated that through being deprived of he \va*er between the 4th December 1870 and the 16th Januarv 1871, twelve acres of vetches which should have yielded tliirtv-six tons onlv yiehle 1 two ; three aeres of nntatoes, which ought • o have yielded twelve toil , did not yield two-thirds of the seed ; 160- acres of S"lf-sown crop,'which ought to have yielded a-li If ’■on 1 1 the acr , yie' led onlv ightee • tons in all. The h’Ss on the vetches at ‘‘6 per km was '‘2o4; on the po'ato.g at £■{) per ’on was £4O ; on Hie self-sown crop at ,£6 per ton £432. The reas n the damages were so much in oxc -ss of those claimed was that at the time the summons was taken out they had not he n fully ascertain "d. Crossexamined iXe’-cr used the half sluice head in Young’s -ace a it was no good to him’.

Thomas Richmond dm-osed that between the 4th December 1870 and the 16th January 1871 he e was not enough water in the ere-k a Feraud’s farm to irrigate it. There was water in Holt’s race which if turned i to the natural channel of the creek would have sufficed to irrigate the farm. Ho corroborated plaintiff’s evidence in regard to the amount of damages. Crossexami ok Had seen the water running over thedam. Kever used i on such occasion because ho had no authority to do so. ’ The water in the creek was no use to irrigate the farm unless it was dammed up. Witness never used the wii er ih Young’s race as it would be no good there not being sufficient. This was plaintiffs case. Defendant called.

James WilanA. agriculturist,' Wai Kcri Km Valley, who stated that he had used water three or four times from Young’s rare and the same number of Hums from Holt’s race about the month of December 1870. In the mouth of December there was a sluice head of water in Young’s race.

Joseph Y ouug, miner, deposed that between thela De-ember, 1870, to f lie 16th January, 1871, lie often found his water -stopped aud found it being used to irrigate- the Monte Christo farm. The race carried about ahead and a hj If—a head coinin'■/ from the Wai

Kcri Keri erc.-l-:.' Wib.cs after sj>o!;e to Fer.tud on tbc subject of stopping the water Feruid said the water was as much his (Foraud’sl asHwns witness’s.

Mr-. Holt stated that she served a copy of a note (molui edl on Mr. Fcrand. ("hj note was to the effect tha Ferpud (Fuld talje the water when it was not required for the co 1 pit.) 1 James Holt, defendant, deposed that Feruii’d hevvr asked liifn for the Bva er and th never prevented him from using t. Th Warden reso wed judgment.

Applications. Water Eases ; William Adams, one slniee-hcad, Champagne Gully ; Robert Hill and two others, three sluice-

heads, Timber Gully, Fraser River ; Matthew Higgins, six sluice-heads, Nevisgranted, Extended Claims : Felix Faisandiere and three men,‘four acres, West Bank of Molyneux Wililani Cowie, Nevis, three acres—granted. Dam : William Ryan and party, West Bank of Molyneux granted ; Felix Fa;s ladine, West Bank of Molyneux ; .Robert Harding and others, West Baiik of Molyneux ; William Ryan and party, West Bank of Molyneux—adjourned till the Cth of June,' Protection : William Fell and party, sixty days—granted ; John Wilson and party, thirty days—no appearance. Agricultural Leases ; Charles Holden, one hundred acres, Leaning Rock District—adjourned till the (sth instaht ; A, Oliver, thirty-four acres sixteen perches —granted, subject to revision of boundaries.