HAMILTON.—Sept. 20.

Mount Ida Chronicle, Volume II, Issue 85, 30 September 1870, Page 3

HAMILTON.—Sept. 20.

WARDEN'S Cotjht. (BeforeH. W. Robinson, EBq.,, Warden,)

Cogan and Otters v. JSToon©.—Complaint, that the defendant had obtained a grant of an extension of his tail-race through the . claim of the defendants at Serpentine, without giving them notice of- his application. It appeared from the evidence, which was rathe rlehgthjr, that the defendant had a tail-race which terminated in the complainants' claim. He had applied to the Warden for an extension through the claim to a point a considerable distance lower down the gullv. He had posted one notice only, and that at the lower end of the proposed extension, and had not served the complainants with notice, or posted any notice upon their claim. The complainants represented that while the tail-race terminated upon their .claim they were able to use the water after the defendant, but if it were to be carried quite tli rough their claim, they would be entirely deprived of the use of the water of the~gully. The Warden decided to cancel- the -certificate for the extension. ' Objection.—Thomas Stephens objected to the grant of a tail-race applied for byWoodmanHore ! , in Main Grully, Hamilton. After hearing some evidence the Warden visited the ground*

and eventually decided to make the grant. >

Objection.—E. Luttrell applied for a tail-rare at Serpentine. Objections had been lodged by Magee and party and W. Eehtz. None of the objectors appeared in person. The applicant stated that Mr. Rehtz had decided not to, press his objection.,. With regard to the objection of Magee, Mr. Cogan said he had been requested by Magee to explain his objection, which was that the discharge end of the tail-race would be only about 150 yards above the head of Magee's race, and that the tailinga could .not fail to inconvenience them. The applicant admitted this was likely, but said he was willing to accept the grant subject to the prior rights of Magee. Granted accordingly. The following grants "were made without opposition:—Evans and Others, extended claim arid tail-race; J. House, extended claim ; J. llundle, residence area; E. Pascoe, residence area; Barclay and Others, head race ; W. Eichardson, extended claim ; S. Treby, extended claim; E. Luttrell,. extended claim ; Grunn and JRobinson, water race; Bailey and Others, extended claim ; G. j Taylor, dam.