WARDEN'S COURT.

Mount Ida Chronicle, Volume VI, Issue 344, 8 October 1875, Page 3

WARDEN'S COURT.

Fbiday, Octobfb 1. (Before H. W. Eobinson, Esq., Warden.) Extended Wator Eace and Sluicing Company (registered) v.' Arthur Simpson. —Mr. Rowiatt for complainants, Mr. Hertslet for defendant. The complaint in this case was that defendant had, on the 30th September, unlawfully interfered with the registered' tail races of complainants, situate in Main Gully, by unlawfully discharging tailings and tail water/thereinto; the Court being asked to inflict a penalty and order defendant to desist from further interference. The fact of tail water flowing into the tail races in question was admitted, but it was contended that the interference was not Unlawful—in fact, .that it hacLarisen from' the action of the complainants themselves. It was alleged that these'tail races, had been buried in tailings many feet deep for s.everal years, and bad been during that time entirely unused, and that at the time of .the defendant taking up his claim on 30th of Juno, and constructing his tail race, no indication of their existence was discernible. It had been established that the tail race, certificate of defendant gave him authority to discharge on to the claim of complainants, and he had done so. A few days since, however, the complainants unearthed a portion of the buried races, opening them up in the direction of the defendant's claim, into which the tail water thereafter neet-ssarily flowed. The Warden, in company with the parties, visited ihe ground, and in giving judgment, said the only question he had to consider was, whether there had been interference by defendant with complainants' races. 1 his had been in effect admitted by defendant, but the question of abandonment or otherwise which had been raised for tho defence was quite outside the present rase, which was that of interference only. Fined 65., costs Bs., three witnesses 10s. each, and professional costs £2 2s.