WARDEN’S COURT, CLYDE.
Tuesday, March 19. (Before W. L. Simpson, Esq.) Naylor v. Williams. This was an information for the wrongful diversion of water, and the erection,of a dam, whereby the water, from a source known as the Black Springs was interfered with. The evidence adduced by the examination of plaintiffs several witnesses showed that Thomas Sims is the actual possessor of the right of water in dispute, and for which he produced certificates dated as far back as 1868. That defendant, who is a ' farmer in May and June last applied for rights to coustiucta water-race, and erect dams for agricultural purposes. The ease for the plaintiff was that he had been mislead by the wording of defendant’s notices, which led to the inference that the race and dams were to be constructed in Firewood Gully, whereas the defendant had built the dam in Black'pring Gully, and for the defence it was held that the lattei creek was always meant, and by the want of earlier action on the part of plaintiff, whilst the works in progress gave a tacit consent to the works being proceeded with. The Warden said he would reserve judg ment until he had visited the ground. Ir the meantime he would place an interim injunction on the defendant's works. Tin Bench also remarked that a holder of aus right, when he saw it being interfered with, had no necessity to lodge objections, but it was not a right thing on the part n! the plaintiff. It was not a neighborly act to allow work to be proceeded with, and expenses incurred for another’s bene fit, without doing a something to proven: it. Again, he thought that the defendau had been trying to steal a march DISTRICT LAND GOURT. Applicants appeared to ballot for th land as applied for by them on the 20:1 February on Block 111, Teviot District which resulted as follows : James Woodhouse, Sec 11, 12, 13, 14. Thos. M.lntosh, Sec. 15, 17, IS, 20. George Courtier, Sec. 19, 23. Alex- M.Donald, See 21, 22, 24. Andrew Young, Sec. 4. Francis Woodhouse, Sec, 20
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Bibliographic details
Dunstan Times, Issue 622, 20 March 1874, Page 2
Word Count
352WARDEN’S COURT, CLYDE. Dunstan Times, Issue 622, 20 March 1874, Page 2
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