HYDE.—July 23rd.

Mount Ida Chronicle, Volume IV, Issue 230, 1 August 1873, Page 3

HYDE.—JuIy 23rd.

Resident Mag-isteate's Cottet. (Before H. W. Kobinson, Esq., E.M.) Carey v. Harvey.—Debt £ls lis. Bd. No appearance of either party. Struck out. Wardens CdiraT. (Before-H. W. Robinson, Esq., Warden.) Grants. Kelly and Teviotdale, extension of tail .race. July 25th. Ramsay and others y. O'Connell and others.—This was a complaint that the defendant had illegally diverted the tail water flowing from the Main Gully, Hyde, past the lease area of the. complainants. Damage laid at £2. The Warden viewed the ground,, and a good deal of evidence was put in. The matter in dispute was practically this, that the plaintiffs' lease area, being lower down the Main Gully than that of the defendants, the defendants had turned, some of the tail water coming down the gully into a tail race of their own, which passes through the Co.'s lease. The complainants had made ar-

rangements to receive the tail water at the upper end of their ground, and to use it in sluicing. By the water being turned down the defendants' tail race, the complainants were debarred from making the same use of it as they otherwise would. The defendants, while admitting the fact that they had turned the water into their tail race, claimed that they had a right to do so, and put in a written agreement, made between their company and the former owners of the lease area now held by the complainants, in which their right to use the tail water was, by implication, admitted. The complaint was dismissed.