WARDEN'S COURT.-11th Dec.

Mount Ida Chronicle, Volume III, Issue 198, 13 December 1872, Page 5

WARDEN'S COURT.-11th Dec.

(Before H. W. Robinson, Esq., Warden). Surprise Water Race Company v Michael Daisey.—Claim ot £ll 18s 6d, for. water supplied.—No appearance of defendant. Mr Lory, manager of the Company, s.-iid that, he was satisfied to take judgment foi only half amount claimed, as another pi rson had been jointly liable with the defendant.—Judgment for £b 19s 4d, with 8s costs. W. Warner v Joseph Edmon.?s and Thomas Francis.—For forfeit ure of a water race. Mr Haley for corriplainaut. No appearance of def>. luLnts. Ju igment, the defendants' interest in the water r:«ce .No. 856 be forfeited, and the of sai-1 race cancelled. ' Grayson & Peteraeu v J Thomas and other*. —Thi> was a claim for £B6 10 , damages for unlaw fully interfering with mining lease area applied for by piaiutiils, i>nd sluicing away a )iortion of the same. This case 'had been partly heard on the 2nd met., and adjourned in order that the Warden might visit the ground. The Warden had visited the ground oa the 10th, in company with Mr. Kowlat t and Air. ilertslet, and the case was then proceeded with. Mr. itertslet fur complainant? and Mr. Kowlatt tor defendants. Some further evidence was taki-n and arguments heard, and judgment, was given for complainants for £2O damages with 16s costs, and £3 expenses. bame y. same.—Complaint that defendants

had interfered with complainants' mining lease urea by cutting a head race -through it without authority. It appeared that, defendants had. a headrace constructed prior to Grayson's applying for the lease. Their right to this had been reserved, but. t.hey had, without authority, made a diversion of the race within the lease area. Fined 205., with i<»s. costs.

Extended Water Race Company (Registered) v. John Creighton.—Claim for £lO damages for injuries sustained by complainants through defendant allowing a quantity of stone and gravel from his tail race to flow into their tail race known as the Dead Level./ The evidence showed that a little before five o'clock on Sat rdav, Nov. 9, a portion of the bank of soda, commonly called the byewash (opposite the end of Creigh ton's tail race) had given way, and a quantity of tailings, &c., fro'Ti Creighton's race had passed into t.he complainants' race. There were two breaches, and it was contended that both were caused by the accumulation of heavy stuff discharged from Creighton's works. After a long hearing, protracted until past 11 p m.,the Warden gave judgment for complainants fc.r £3 damages, with 21s. costs and 20s. expenses. Mr. Bailey for complainants.