ST. BATHANS.-Dec. 3.

Mount Ida Chronicle, Volume III, Issue 198, 13 December 1872, Page 6

ST. BATHANS.-Dec. 3.

- RESIDENT. MAGTS CTI4TEB'S ; COURT. (Before E. H. Carew. ! Esq.,'R.M.) The . application of Edward. Alexander; Withers, for a General Lieeuse tbr ; j the ; Reefers Hotel, Rough Ridge-was granted. ; COURT. ; (Before E. H. f Career, "Warden!;) Police v. ; was anl information kgairist the defendant?,' charg-1 ing hiiri with having 1 suffered kludge 2 arid water from' his claiiu in Muddy Creek to overflow the road from St. 13athahs to -HTills Creek. ' Tiie facts given iri evidence ; by Constable Morton, we're'ndt .d.eiiied by., defendant,- but it was argued that he was. not- liable, as the regulation under which; the, charge was brought was.intended jt&i prohibit, the immediate, ings. or ■ water from a miner's claim or<®aceS': on -to a road, and not to punish > a pininer, who, in the exercise of a I right,."] diseliarged' tailings -inter a- main creek half a mil? above a road. The case was brought to try; a right, whetliefr it was. the duty of the defendant and some twenty others working in the Gully, none of T whom are nearer , than hal ta mile ofthe road, to keep the road in repair wliere it crosses the gully. The VVarden allowed there was some force in what had been." urged for defendant;: and adjourned the case till next Court day, it being understood that the miners interested would, in the: meantime mjtke, the road. -passable for ctraffic,; andvbring the under the notice .of the ; Government with the view oOiavingsoine permanent work done to prevent further damage to the road. The'following applications Were granted:: —Wade and another, wafer race;; liobert Gordoii, extended claim' aind' tail race ; 1 George H. alteration .of water race; Fahey, arid another; protection; Thurlow and others, three water races fropi small creeks on. the line of their main race from Dunstan Creek. , !

An application by \Vade,-< and another, for an alteration of water race was refused, and one by Sutherland and another, was withdrawn. ' ,

, The. applications of Thurlow and others, for,an additional supply of water irom DunstanOeekv and- Thomas Hn ghes, for- - a Residence area- stand over for further inquiry. .....