WAREN'S COURT.

Dunstan Times, Issue 633, 5 June 1874, Page 2

WAREN'S COURT.

Fcrand v. Holt. This was an applies-t-on for cancellation of the defends ut’s water right from the Wai Ken Keri Valley on the grounds of abuse of privilege, the water not being used for gold-mining purposes.

Mr Fcraud in opening his ease said it was well known that great difficulties had and still existed between the agriculturalists in Vai Keri Keri Valley and the defendant over the watei-iight new a)-, plied to be cancelled, and with the viovv,\ however, of settling the question, he bad waited on Mr Holt, and expressed hmdesire to conic to terms, the basis of terms being that all interests having a claim 011 the water should be satisfied, but ns Mr Holt would not listen to any terms be brought the present action, not as an agriculturalist with riparian rights, but as the holder of a miner’s right. He said, it had been ever asserted that previous actions against Mr Holt in regard to the same water had heen against the Town of Clyde, he would take the present opportunity of flatly denying it, the interest of Clyde was his, he being a burgess, his desire now was to protect every interest, so that all might have a share of the supply.

A number of vvitnessts were examined as to the position of the guags box of the race, its course, and the value "of the auriferous ground commanded by Mr. Holt's race, and it was attempted to be shown that if the water was used for mining purposes, from sixteen to twenty men could bo profitably emnlnyed working it, and Mr Feraud contended that as the race was not used for mining, but for irrigating purposes, ami afterwards for working a coalmine, tlie right should be eoneelled.

Mr Holt explained that the origin.'*! application for the race in 1882 was objected to by the then Warden,-Mr Cadrll, n'so, by the Government ami refused, the bovernment writing a letter to the effect that the Wai Ken Keri water was withdrawn from the operations of the Gold Fiolds ! Regulations, during the pending of the dec isiclt, the race was brought into Clyde, and on application it was granted for domcfitlo purposes for tbc town of the D nnatan, a condition being that, the a.;riculturalists in Wai Keti Keri \ alley should be supplied with water ; ho also explained that a decision of the District Court ha 1

been that ho, Holt, could do what he hked with the watorqs soon as it left the VVai Keri Kcri Valley ; lie contended that lie was not compelled to use the water for muling purposes, ami consequently the grounds for cancellation were not good. Tho Warden said the evhlencc .adduced as to the gnage box not being perfect and, the course of the race occupying a surveyed, road, and nob having sufficient and proper bridges, were no grounds for cancellation : they were matters to be dealt with under compliant. As to the question of cancellation, lie did not think he could arrogate to himself the position of, cancelling a right that had been recognised by by so many Wardens, if there was any breach of tho Regulations that could Vie met by a monetary penalty. The uses the water had been put to had been redognissd, and be, coul l not think ifbaS been allowed to run to waste as Mr Feraail so stronglyrepresented. MrFerand asked the Warden to state a a case for tho District Court, as be was sure neither party would feel satisfied with a decision, if given. .-'After some discussion and argument, tho Warden said ho would require tho production of Mr. Holt’s certificates of title before he gave Iris decision. The matter was then adjourned. James Conuew applied to purchase the, land now held by him under agricultural b-ase.

Objection were lodged by TTastie and party, on the ground that the laud was auriferous.. There being no direct evidence of the existence of gold within the boundary of the leases, the further consideration was , adjourned for a week, the objectors in the mean time to try the ground, stipulating to make good all surface damage. Naylor v. Williams. —This was a complaint against the defendant for construct- ?. dam, thereby interfering with a supply of water held bv plaintiff under certificate. Defendant was ordered to desist from 'furtherfintorfereuee and to pay the costa of hearing and professional costs.