DISTRICT COURT.

Grey River Argus, Volume VII, Issue 451, 3 December 1868, Page 2

DISTRICT COURT.

Tuesday, December 1. (Before his Honor Judge Clarke.) APPEAL CASH. Powell and party v. Madden and party. —This was an appeal against the decision of Mr Warded Keogh, in a case recently heard in Maori Gully, in which the present appellants were complainants and the respondents the defendants. In the. Court below, the defendants were summoned for taking water from the complainants' headrace, and the Warden dismissed the cdmplaiut. Against that decision they appealed. Mr Perkins appeared for the appellants and Mr Guinness for the respondents. The usual preliminaries having been proved, the following evidence was given: W. Powell, a miner, Maori Gully: I was complainant in a case heard at Maori Gully on the 23rd October, against Madden and party. The complaint was for cutting off my race, called the Chanticleer Race. It had been in my possession since the 3rd September, 3867, since it was sold by the Sheriff. I produce the certificate of the race, which has since been renewed. Cassels and party held the first right in the race, and they removed it to the Undaunted Race. I held the second right in the race, and I was supplied by a tributary of the Arnold Creek which came in belowtheir dam. I have been using that water since the Bth December last. About the 18th September last, Madden interfered with my right. They had bought the Undaunted Race from Cassels, and they had cut off my supply of water also. Cross-examined : Before I bought the second right, the defendants had removed their first right about a mile further up to the Undaunted Race. Henry Cassels, a miner, Maori Gully •■ I cut the Chanticleer Race three years ago, in company with two others We had the right to the first head of water, and Burke and party held the second right. The creek was supplied by a number of tributaries, andlknow the one from which Powell and party claim their right. We afterwards got the second right also ; but it was sold by order of the Warden's Court, and bought by Powell and party. Before this, we had got permission to shift the first right a mile-and-a-half or two miles up the creek, to the Undaunted Race. The tributary claimed by Powell came in a mile below, and ran into the Chanticleer Race. We brought this disputed tributary into the Undaunted Race ; but the dam broke down, and we let the water run into the Chanticleor. It ran there for about twelve months, and we had not used it. ■ We sold out in October last to Madden and party the first right. Cross-examined: In June, 1867, 1 sold the first right to Murphy and Smith, brt I still held the right to it. The first right in the Chanticleer had a right to all the tributaries running into the Arnold Creek at the point referred to. We took in the lower tributary on chance. I cannot say whether any right of water was sold to PowelL Robert Ingles : After we removed the first right to the Undaunted Race, the dam at the lower tributary broke away, and ran into the Chanticleer. We abandoned it. Powell worked it for about eight months;^ "V\ ■.-■- ■-<>-■• ?■-■}- j.. , .^c.-Cross-examined : In June, 1867, we sold to Murphy and Smith, and they sold to the defendants. We held the first right to all the water running into the Arnold Creek, and the present defendants now hold the same right. For the defence, James Norton, one of the respondents, produced the license to remove the original right of water to the Undaunted. We bought all the right, title, and interest in the Undaunted after it was removed, which was the first right to all the water running. into the Arnold Creek. Cross-examined: When I bought the race, I believed the lower tributary constituted a portion of the water-right. In the Undaunted Race we sometimes have a head of water, and sometimes not half-a-head. Frank Guinness, Warden's Clerk: I find by the registry that in the race in question, there was one right, of water comprising two heads. When the right was sold to Powell under warrant, of distress, after the water was removed, the bailiff had instructions from the Court to state that only the old Cock, or Chanticleer Race, would be sold, and no water-right whatever. No right of water remained in the race after the removal. Counsel havingaddressed the Court, the Judge said this was a question of interference with a water-right, and it was for the complainant first to show a title to the water, but no evidence had been produced to show that he was entitled to any water whatever. The respondents had the first right to the water in the creek, and they had a right to take it from any of its tributaries. There was no complaint abont the respondents having taken more water than tney were entitled to. The complainants had not a leg to stand on ; and as the appeal was quite groundless, it would be dismissed with costs — £13 lls. IN BANKRUPTCY. ■- „ Be Stephen Egan. — An application was made on behalf of this debtor for a final order of discharge. He surrendered, and, in answer to the Judge, said his books were at Rutherglen; He had not been asked to produce them.— The Judge said he should not require to be asked. It was the debtor's duty to give every possible assistance to the trustee.* He would not grant an order of discharge on an unsatisfactory schedule. After some further conversation, the Judge granted the order conditionally upon the Clerk of the Court being satisfied with the schedule, after the production of the debtor's books. Be Thomas Brown.— The debtor was examined by the Clerk of the Court, and a final order of discharge granted. Re John Tucker.— A final order was granted, conditionally on every possible information with regard to the estate being given by the debtor to the trustee. Be Card Bros.— This was an application for, complete execution of a deed, which was granted. The Court adjourned sine die., >