DISTRICT COURT, CLYE.

Dunstan Times, Issue 635, 19 June 1874, Page 2

DISTRICT COURT, CLYE.

Tuesday, June 17. (Before Wilson Grey, Esq., Judge.) Martin v. Holmes.—Claim 631 155., amount of 1 0 U. Mr F. J, Wilson, solicitor, appeared for plaintiff. Judgment, by consent, forthe full amount claimed, 21. 3s. costs of Court, and three guineas professional fees; amount to he paid in one and two mouths, in equal parts. Failing payment of the first part, judgment to issue. Feiaud v. Holt.—M- P. J. Wilson, solicitor, appeared for the defendant ; Mr Feraud, the appellant, conducted his own ease. This was an appeal against a decision given by Mr Warden Simpson, wherein he decreed a monetary ponalty in lieu of forfeiture of certain water-rights held by Mr James Holt, as applied for by Mr Feraud, the now appellant, on the ground that the water had not been used for gold-mining purposes in accordance with the Gold-fields Act, 1566. [The Warden’s judgment appeared in our last week’s issue.] Mr Wilson raised] some technical oVJectl ms to the ’case] being] proceeded with. Upon explanation from the Warded, who was in Court, the objections [were over ruled.

Discussion’and argument on points of law and particulars of the case, to giro his Honor an insight into the points at issue, occupied the Court till evening, when the Court was adjourned till the following day. His Honor thanked Mr Warden Simpson for the clear manner he had placed farts before him, and for the assistance he had rendered. > Wednesday, June 17. Mr Feraud, the appellant, in opening Lis case, said he had instituted the proceedings more on public grounds than private ones. The miners were inconvenienced by the existing rights, as also wore the farmers, and a large area of auriferous ground was lying idle in consequence of the water held under the respondent’s right being used for other than mining. Ho said it had been affirmed that be wanted to deprive the town of Clyde of water. Such was not the case. He* wanted to apj ly the water to its legitimate purpose, instead of having it use 1 for watering gardens. He could prove it had not been used for mining purposes for the last two years, and for the last two years thcjrespondent had not obtained coal with it He contended the the certificate had been obtained by misrepresentations, aud he asked for a forfeiture.

A number of witnesses were examined, the substance of their evidence being that the water was used for domestic purpraes for the town of Clyde, after which it vas used to drive the wheel of respondent’s coal-pit; that there was a large area of ground that could bo profitably worked by a number of miners with the water if it were so applied, Tiiujssdat, Junk 18. Mr Holt, the respondent, gave evidence, explaining the whole history of the waterright, stating, among other things, that his original application was for gold-mining purposes, which was refused ; that the certificate was granted for the use of the town of Clyde and mining combined ; that he bad ever applied it to such purposes ; and contended that he had not used the water for other purposes. Mr J. D. Feraud gave evidence, which was a repetition of that given by the witnesses examined. The Court adjourned until Monday, the 29th inst.