WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 231, 4 July 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Before Vincent. Pyke, Esq., Warden.) Thursday, 27th June. Evaiis and party v. Shaw and party. — Claim £20, damages for unlawfully interfering with water race claimed by plaintiff. Mr. Mouat appeared for plaintiffs ;_ Mr. M'Coy for defendants. A witness named M'Combe stated that he had charge of the Hibernian Wattsr Race, commencing at Reedy Creek On 14th May had instructions to turn the side streams into the race. Saw defendants on that day, and warned them not to interfere with the water. He said he would take it. On 27th May again found them using the water. Witness turned it again into the race. They then, in his presence, turned the water again. The water in both streams was about 30 inches, which would be worth £330 per annum. On 27th did not oppose defendants taking the water. For the dofence, Samuel White, deponed that in 1870 he was a shareholder in the Hibernian Water Race. Recollected Simmons saying to him that he wanted the side streams. The Company gave him liberty to take them. Saw Warden Simpson before giving him permission. The Warden said the Company bad better j have a case over the matter, but they did not take it to Court. By Mr. Mouat. — The Hibernian Race carries about 330 inches. The Warden told them that he thought they were entitled to the water they allowed defendants. Re-examined by Mr. • M'Coy. — Defendants gave us notice that they wanted the water. There was no gauge box in the race. 13y the Court.—^The side streams gave us 0119fourth of our water. They commenced steps to retake possession about 5 weeks ago, having heard that the water was running to waste. W. Simmons knew tho circumstances connected with the dispute. Heard White's evidence. In 1870 was a partner with Shaw at Bu'ngtown, and used the water now in dispute. Went to the Warden abont it. He told us to go and see the Water Race Company. Paw White, Curregh, and othei'3. Gave them notice that we wanted the water. They agreed to meet witness in Liwrence. On seeing them they said that tho Warden told them that, if witness and his mates were bow fide miners, they were en ci tied to the water. Got it accordingly. They flumed over plain tiffs' race— what they ought to hay,e donp. The average quantity .of water was about 20 inches. Cross-examined by Mr. Mouat. — Gave

White nothing for the water, nor promised him anything. The Hibernian Kace wiU c;my about 4 heads. Witness' claim i^ in the s.ima sully as defendants'. He used the water after defendant, being lower down — using it for sluicing purpnsi's. Told Mr. M" Combe they did not want the water in winter, as they had a supply otherwise. This concluded the evidence. The Warden gave judgment for defendant, stating that there was no question but defendants had a license to use the water, which license was never legallyrevoked.