THE COURT OF APPEAL.

Evening Star, Issue 3810, 11 May 1875, Page 2

THE COURT OF APPEAL.

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At the sitting of tkfUurt today, Judgss Johnson and CHUiee .beuiff srathe Masrewhwma mmlng'lire—Bortoa and another v. Hovra—aivued at the last fitting. Their Hoboes entered at great length; ogrlh* pnnelplee oh which "both riparian rights md miners’ privileges-mji*s-b« determined. The Court held that Insomuch as nbae of the Goldfields’ Acts contained any, provision., for the disposal hfitallings, or aa 1 W the foiilflif e( the streams—directly or indirectly, necessarily or otherwise— jrovision was made for the tailings and diverting ot water, the question nuut -ho referred to. the pootmon law of to the legislative provisions ih anslfigoui England and appeared that m similar oases at -Home riparian- rights wore respected and sueh ripariaa rights hatamt been abridged by any .of the goldfisldi’ actives yot in foree in, New Zealand, excepting so fttr «® to frtlew the taking of water: Thu oxjtwption being expressly named must .be hsjd-to mark, the and. therefore it foWsdthat teinere bad; no right to allow their flow into a stream running through heM either in fee simple, or lease from the Ctpwn. Thus, If. a stream flowing through perty were polluted by tailing* 1 the owner of the property had a right to nominal damages against the, person causing sdcfi if itb nominal then also t6 such smbsshsd damages as should be proved tohavo been sustained. The fact .of others being equally itnPlicated wouM not'saVe th 6 defendant* from liability for damages. On these gronad# the Oohrt gave judgment for the,points®., By consent no Costa on either side were aWarded. The case was sent to tie Court the Government, who the coate ou/bpth sides./