WARDEN'S COURT.—May 12.
CS.c:«:-e;;H, W. F.obinson, E?q., Warden, and
Assessors.)
Martin and Co.; v. Extended Water Race' and Sluicing Company (Regis-tered).—-This was an action to compel the removal of a dam bank, alleged to have been placed by the Extended Company across Roach's Gully, thereby impeding the flow of tailings. The Warden and assessors twice visited the ground. For the defence it was urged that the dam bank in question was on the Kyeburn side of the Main Ghilly, and not across Roach's Gully; that tne Extended Company held a certificate for their race dated" July 9, 1865 ; and that the bank in question was erected for the protection of their ground sluice, which without it would be immediately choked up and rendered useless. The Warden, in summing np, remarked that the right held by the Extended Company to their tail race was anterior to the right held by Martin and party to their tail race, and that it could not therefore be held that in protecting their race the defendants had interfered with the rights of the complainants. Yerdiet for the defence; costs divided. Mr. Ross for the complaint, Mr. Hertslet for the defence.
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Mount Ida Chronicle, Volume II, Issue 67, 13 May 1870, Page 3
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195WARDEN'S COURT.—May 12. Mount Ida Chronicle, Volume II, Issue 67, 13 May 1870, Page 3
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