OPHIR

Dunstan Times, Issue 1210, 8 May 1885, Page 3

OPHIR

The Blacks Puhlie Library Committee, we notice, are putting their house in order, or rather they are re erecting the old court house on the Library reserve adjoining 'he Colonial Bank. It will be remembered that this building when condemned by the Government as a court house, was made a present to the Library Committee, and on its new site and when completed will answer admirably tor the purpose intended, namely, a public library and hall for meetings, entertainments, 'lances, and the like. The Warden’s Court, Ophir ou Wednes day last, was the scene of more than ordinary bustle, three different seta of litigants having cases before the presiding Warden, Mr J S. Hickson, and by a coincidence, though etch case affected 'the question of water rights to a greater or leaser degree, yet they all differed widely one from the other. The first case was oh the criminal Side of the Mines Act, and was for the wrongful interference with -a water ra-e in the face of repeated cautions. Mr_ Turton for the defence, admitted diverting a small streun ftn.u the race, but aai I it was for domestic purposes only, and that defendant’s husband held an interest in the race in quest! »n. Mr Wilson, for the prosecution. contended as tbe original owners of the race had registered themselves under the Limited Liability Act, there ; was no such thing as individual interests, and, moreover, the right to; tbe water being granted for mining purposes, an I still further, as the course of die race was not its orginal one, there was no claim upon it for ' domestic purposes, and a conviction must follow The Warden concurring in his view inflicted a pena.ty of one shilling an costs, Mr Wilson having stated a heavy penalty was nor, desired, rhe case b in: brought into cour ■ to prove that no on i m y interfere with vi aer races. .The next oas was an opposed application for a or water from one of the small guides falling from the Dunsfan Range between D.-von-s i e Gully and Tinkers on to the flat, ' be tibj dors, Me-S' sl. ihilaw an l Cra a for i,contended that ih-i right, if gr nte I, would de prive them of water for their-hom stead and pre-emptive right; iude 'd, claimed a riparian right over the water. The objection was held good, aub the application was refused. M' Turton and Mr W Ison both appeared in this case, as also in the U'-xt and third, which was to teat the validity of a ve bal agreement or a supposed agreement to sell a water right. It appears the Undaunted Company at Tink rs through Hi ir manager rented from Mr Morgan a right of water heading out of Devonshire Gully, and as he says with the right to purchase, the understanding being that the ag eemeiit of purchase was to b- ma le out ou the following court day at Onhir. Morgan, however, says tnere was no understanding about the purchase, and lie refus-s to sell. It being purely a case of assertion against asserti n, and no evidence being adduced of the agreement or im lied agreement to sell, the Warden ruled again-t. the Comnany. It is understood that the Company intend appaling to the Distiict Court against this ruling.