MAEREWHENUA.-April 8th.

Mount Ida Chronicle, Volume IV, Issue 215, 11 April 1873, Page 6

MAEREWHENUA.-April Bth.

Wabde.v's Court. .(Before 11. W. Robinson, Esq., Warden). Howe-and others v. Frater.-VTho complaint in- tins case set forth,- Ist.: That the complainants were inipossession of a water license to divert five heads of water, from the Ben Lamond'Creek, Maerewhenua—that the!!race held under the said- water license \v.as duly constructed—and that [ the complainants had been in occupation hof .the said water race and water, since the 1 month of November, 1871 2nd: That i the, defendant, being the holder of a water license;to divert three heads of water fronv rlie said Ben Lomond Creek, had ,failed to occupy and, use the water in accordance with his license for a,full period of thirty da vs, water-being;available. And t;lie complainants prayed for a declaration of superiority of right, based on -1 he priority "oftheir -occupation .-f-Air. Fratei* objected that there was no case which .could be heard by the Court.- He,said that it tfas virtually an a ttempt to set aside a decision of the District Court, on a suit for the forieihure. of; the s:ime water right; and that a fine having been inflicted by the District' Court in lieu of forfeiture, the priority of right was secured .till thirty days had; elapsed from the dale of the decision. That in the former litigation' between the.; same complainants and himself it was 'a - superiority of right that was really sought although the case was laidifor an actual forfeiture.—The, complainants contended ' that the present case.was not in any'way' governed by tl\e .former suit for and that t h e two cases, were total lydj fFereri H- { —The Warden o.ver-ruled :; Mr. Frater's objection, and then pointed out that tlie complaint did not allege anj r • specified time duriug which the water had been unused, 1 nor. when re-oecupation : had corn-menced.-r-By leave of the Court, and the consent of both parties, the complaint was subsequently amended by inserting from .•Vpril,; ,1,872, till 13th, March 1873.—Mr. Frater then applied tor an adjournment; on the ground of surprise; and the case was adjourned till the next sitting of the Court at Maerewhenua, on May 6Lh, an amended copy of the complaint to be forwarded to the defendant. ' „