ST. BATHANS.-March 13.

Mount Ida Chronicle, Volume VIII, Issue 416, 22 March 1877, Page 3

ST. BATHANS.-March 13.

J?ESIDE"T ? T AGJSTEATE-e-@CHTKT7 (Be/ore H."W. Ilobinson, Esq., R M.) O'ftoi-ke f. Mary Jane Turner.— Ab»?w? in. M.'. Row 1 ..-fci; foi- defen-clm-ii.. Jliis n-ji,' n. qiia-ve' between neighbors, oiis'mv oui. of ( i'p.'D'i s * of soaie Alices upon the (H-opeWy o'' f'efea if ii's f;>.( h-*w Mr. BowlaU- n'<ior.Ued ; b;.t, ihcusii so-jip o the words oom;il lined o' /tad be"" used, 1 be complainant [ml no!- al ; 'ogelbe • ''esl .-abied >-er tongue, an£ l iba.. 111 e vi'iiue vns not, ;> oubl : c place within f'e meaning o" I be A'•'•■, >. beiofj freehold, and some distance orck iVdiTi the ,'oad. Case dis-U'.i<-0(i. : ' B.'-'S v. ?:'.""3U Tbivye,.—De'eudon'i in this insiii've was :'-c mo-iv? o? cleiendpiit ir-pre-vious The ci v ei' is'auces ">eii?g similar, llip'c/isu nns w'' hcbwn bv consent. Mep v. Silvio. —Ci'Ti C 3 ss. Judgment ibi- senonnt. claimed, n.ud co-=ts. Hoivrev v. O'Hsa.-DebL £5 ss. Tbi3 was r, demand. Tn atteudmee noon and stabling for o wounded ho'se. r'a ; n(iJT reduced his detoiMid 'r> ,05. Ji pooeoed 1 bat defendant b;i(i supplied o'.'iul. ff wi'b some cbaff, in p.i.-fc payment oM be account. Judgment for £2 12s 6d. 13s eo?fs. and 5s expenses.. Slaujjiitpvin;; licenses were granted to A. Hat-icy and G-. ~E Alien." Tempoiw.y Transfc- o-.' License.—J. JR. J oops, io Ab's Barley. was to Mv 3? Hanvaban to have music on the occasion of the Cricket Club match. ♦ ■— Warden's Court. (Before H. W. Robinson, Esq., Warden.) G. H. r -miii v. Tun-low Eroa.—Complaint fov intei-fevence with head races, by running tailings into, and ;o lilling the same up. Complainant is tbe holder-' of a. bead --ace, wbicb crosses a gully below "Vinegar Hill. Defendants claim' a right race down tbe gully. The complainant, in mpking this race, bad cut it round so a- to aroid fluming across tbe guby, and, Iba 1 . defendants tailings coming down, were passed ove.' Ibis racfi, through a box which bad been placed there by Morgan and party some <itne ngo. Eecemly on tbe occasion of abe.-.vy flood a large quantity of tailings came down, overflowing tbe box, and filling complainant's nee. Defendants contended that tbe complainant, in falsing his race across tbe gul'y, should bare fluoied it. Complainant maintained that the gully in question was only a blind gully when be made the race, and that he was under no obligation to flume. Evidence was beard at great. Ipnsrtlt on both ides to wove that the gully in question was nd was apt a natural water course.. The

evidence being absolute Contfndic'ldrj. it *ai decided to hold the imitfer oxer unfit tka Warden should visit the ground. DUNSTAIf K. VfiTKB. Tlie judgment in various cases held o?sr> and also alteration of conditions os afioCling water rights out of Uursfan Creek, was thed delivered, and is here appended . —I have carefully considered Mr; Wheeler's application* as also the objeelionß lodged, and the elaborate statements of fact and argument put in writing by the applicant rind his opponents. 1 find the main gist of the objections to be tli.-is-the flushing channels have always been allowed a large quantity of water to be us:'d in flushing th 6 DUblic channel from the St. Bathans basin, and that, if more water were allowed to be taken in private races there wou'd be risk of the supply of flushing water proving insufficient. The first, reservation was that made by Mr. Warden Simpson in December, 1867, when granting eight heads of water to R. Broirn and party. The Warden then imposed on Brown company the obligation to allow twenty-five heads to pass before taking any water; they might then take four headsj and if after that there was anything over twenty-five heads more they couid take up to eight heat)s. Thus if they let. twentyfive heads go by they might take four heads, and if they let fiftv liPads go bj they could take eight heads into owd race. Upon this reservation it h>s been and still is con* tended that the public channel managers are. entitled Id fifty heads for flushing pmpo?e3. But such is not exacily the case, for if there were only twenty-nine beads io the Greek Brown and company cou'd claim four of them.. Horeoverj this reservation even was only td last "so long as the water is required by theminers in the St. BatbauS basin." it is contended by Mr. Wheeler that the full Quantity that was necessary in iS67 is not doiv required, partly because there nt'e not now nearly so mauy mi era wo> - k. : 'Vi in thecbannpl nor so many tail aces in use, and warily because by the working away of >he higher lying ground the fali to the channel nas been gveaily reduced, and consequently tjcps cannot carry such heavy stuff into I'oe channel as when working at a greater declivity. Agsi"st this it was urged that wheu working the higher" grjuud a larger proportion oi' aoiubte stuff was sent down, but ; hat, at tue pieseut levels o r working most of the c!.nros, none b-.il clean gravel is re l oved, and ilvl for want os. this soluble stuff to thicken it, the wiler Ivs not the " strength," ps miners phrase it, itiat it had formerly. To m° it appears ihal there ia great force in the arguments ndvauced ou bot h side?, and that t'.ie truth J>V the m-itter lies between the two. lam disposed I o believe that on the whole ifaes "channel can now be mar-aged with ratbei Sets of flushing water thau formerly; and this opinion is Is-some extent supported by ine fa<'t that for a considerable time past it'has not been necessary to keep -\ man to look after, it. Tlife'ofcber' objections are mainly on f-be rivalry of other miners who- woutd themselves like to have some of the water. Some have applied on former occasions ttnd been refused, and co - is ; dec now tbat their applications should be reconsidered, if my are made that they shon'd have a priority over Mr* Wheeler. But I cannot aomit this principle* It seems to me tbat when an applicnlion i 3 once refused it is done with. Fahey. and company particularly urge tbat they are obliged to let down a large sfepply (seventy heads) before luoy can take 3i«y and ask that, if anv new grant be made, their conditions may be modified. This -seems reasonable. Brown and company would also like their conditions made easier, but as they* can, if there a -e only twenty-nine beads, take four of them, I do not see how I can site? tbojr conditions with safety. Mr. Smith asks for his conditions to be made easier He also applies for more water ha his race, having right only for two heads. On a general consirteratioa of the whole of the applications: and objections, 1 feel j u-sti Red in granting to— I—ft Wheeler, i heads, to let 64 go past; 2—ln reducing the quantity that Fahey and cdTipshy must let down to 58 heads, instead o£ 70;. • 3—ln inducing Hie quantity tbat O. F, Smi'.h must lei go by to 50 beads, instead of (52; 4—l "annot, for the reasons already given, disturb the conditions undef which Brown and party hold their .-ace; S—The applica-ioos of Ciles Talty for 8 heads, G. F. Smith for four beads, H« W. Smith for S heads, I will, if desired, hold over-for si:: months. It i* just possible that after Mr. Wheeler'd race is made and in use it may be found that a little more waiter may yet be spared, and in such a"ca~e tha priority of application wonldrevtwitb. these applicants i f th.eii applications pre undei.ided. Ido riot say "that it is likely 1 should be able to grant them or any of them, bvft there is a possibility ; and, after such, aa enquiry as the present, I think it fair to give all the .parties wnosebeeh considered such chauce3 as may ,> s be open for tbem. Grants.—H. W H Smith, extended claim .ind tail race ; ? Ta!*y and o'-hers, protection; E Wheeler and others, protection of two claims.