WARDEN’S COURT, CLYDE.

Dunstan Times, Issue 634, 12 June 1874, Page 2

WARDEN’S COURT, CLYDE.

sloxday, June 8. (Before SV. L. Simpson, Esq., R.M ) Feraud v. Holt. Application for cancellation of certificate of water-right. The Warden delivered the following judgment. The Warden said having considered the complaint, and the evidence and admissions, is of opinion that the water, race in question has been in disuse within the meaning of the Act and Regulations under which the grant was made and any subsequent Acts fora longer period than that allowed by any Regulations, and that therefore the forfeiture prescribed by the Regulations has been incurred, but in consideration of the useful and necessary purposes to which the race has ever been put, conferring greater advantages to the community than any uses in gold-mining it could he put to, avails himself of the provisions made under the 115 th Section of the Goldfields’ Act, 1860, aud substitutes a monetary penalty in lieu of the decree of forfeiture he would have to pronounce, he set down the penalty at and orders it to ha )>aid to complainant to cover his expenses. The Warden would however remark that he has very grave doubts as to whether ho is correct in coming to the conclusion that the use to which the wa-ter-race in question is put would not come within the word “ domestic ” ns used in the Gold-fields’ Act of 1867, and even did of 1866. [The penalty above referred to, we have since ascertained, amounts to is. more than the actual costs incurred by complainaut.! 51r Foiaud gave notice of Appeal.