WARDEN'S COURT.—Feb. 19.

Mount Ida Chronicle, Volume III, Issue 155, 23 February 1872, Page 3

WARDEN'S COURT.—Feb. 19.

(Before H. W. Robinson, Esq., Warden.)

G-ogarty and Greer .v MGrratb.— This was,an application for the.:cancellation of a certificate to divert ; water froul certain sources .on:--- Glarks ; Disc gings, the allegation being that the necessary notice had not been given to complainants as holders of a prior right, and that defendants had made no provision for the discharge of plaintailings in Todd's G-ully. Mr Hertslet having stated that he appealed in support of the complaint, :the Warden (turning to Mr. Rowlatt, who was .sitting'at the table) aslced that gentleman if he were engaged on either side and upon.receiving an -answer in the negative, told Mr. Hertslet that, as ;a solicitor and barrister of the Supreme Court was at present unemployed, he would;.. hot allow him to address - tlbe

Court. Mr;- iwh£> appeared for the defendant;, was for.,the same reason rot allowed to pieacL""' XTlti-' mately the complainants and defendant conducted their own cases, the one prompted by Mr. Hertslet and,, the other by Mr. Smythies. To describe the scene whiclr ensued is beyond our power. The public can, we think, judge for themselves what such a compl cated piece of machinery must have resulted in. Suffice ifc that a case which, if properly conducted, would have occupied little more than an hou**, *ook the whole day to unravel, ending in a dismissal of the case —the YVarde'u ruling that he had no - power to' cancel a water license under the section under which the complaint was laid.