AHAURA.

Grey River Argus, Volume XI, Issue 975, 11 September 1871, Page 2

AHAURA.

Wjsdnb4da* and Thursday, SawisMW ■ v •■■■*'■ 7th and ßth. • - ''•'■ ' (Before Mr Warden Whitefoord.) Sweethian, Wheeler and " party : '4. Goodman and party.— An action to, recover L 32 10s due under an agreement, and L 9 for rent for the use of a tail-race for drainage. The. complainants are the proprietors of the second long tail-race at Half-Ounce. ... The race, drains, legend claims, and among others that of tie defendants, who obtained permission from the complainants to take a drive from any part of their tail-race into their (defendants') ground for drainage purposes. For this privilege the defendants were to pay L 65. One-half the money 'was paid down, aad the balance was-toim paid in t^o .months, or at the zwterof <£&0 out of the proceeds of each washing/ The defence was that in consequence of <tegt tain alterations made by the plainiifls iv the laying of their tramway ihe tunnel did not drain the defendants. 1 ground effectually. The complainants denied this, and said, moreover, that they never stipulated to drain the defendants' ground " effectually." The defendants purchased the privilege of, making a branch drive from the complainants' toil-race, and tltow had done so. The defendants farther alleged that the complainants' tail-race was notat a low enough level to draratnfef* ground at all , and this was again denied by the complainants, who said the defendants were ; taking 18in of , reef in the^ face of their' drive, and that consequently they had 18in of fall still left. Gep. Wheeler juh., appeared on behalf of his party t& refer the dispute to arbitration, or <to forego the claim for rent profvidedifte defendente allowed the branch drive to be closed up.- The Warden said the agreement between the parties was well drawn up. /R» terms and conditions wer^funmistakable, and tho defendants 'we're^ Nearly liable for the L 32 JOs due undeVftf * W the defendants' drove- into "grfluTWf* ieeper, tb^an the tail-race, it was no .fault )f the complainants that 1 the race wouj|[ not drain the deep groud. He would; make the following order :—TKe'com)lainants would have to put the race in >he same condition as it was bef ere the. ram way was altered, and the cost of any urther improvement made in the drainage. " i-ould have to be borne by the defendants, rho woqld have the right of making any Iterations they onbae in the direction of he drive, provided they did not injure the

~THnnsalSaW~li?OTk^^^ .' adjourned fbfHwd weels t$ enable p\ese alterations to be made. In the meantime the Government Surveyor would inspect the ground, and the Court would be guided by his' report.' Defendants to pay the costs of the present hearing, with L 4 expenses to complainants, and L 2 2s professional coits. Mr Guinness for complainants ; Mr Staite for defendants. John Fraser and party applied for registration for a head-race at Martin's Creek, a tributary of the Blackwater, Little Grey district. The application was opposed by John Fitzgerald and party, on the ground that they held a registration certificate for tiie water applied for; for several years. The applicants said they searched the records of the Warden's office, and could find no entry of Fitzgerald's grant. The ' '6jpptMsers"explained that they held their title by virtue of a transfer from John Asplincr and party, dated 20th May, 1870, of which transfer they produce the certificate. Application refused, with costs. The same party then applied for the second right in the same creek, which was given them, «übject to Fitzgerald's prior right. Mr Guinness for the opposers ; Mr Staite for the applicants. : ; James M'lnroe applied for 50 acres of agricultural land at the Little Grey Junction. After a long hearing and considerable oppositionby Mr Guinness, on behalf of James O'Malley, who also applied for a portion of the ground, the application was granted. Mr : Staite for the applicsnti The Court was adjourned to September2l.