DUMSTAN.

Tuapeka Times, Volume VII, Issue 364, 13 June 1874, Page 2

DUMSTAN.

(From our oabn Correspondent.)

The concert on behalf of the funds. Of the school held on Wednesday last, in the Town Hall, was quite a,snceess» The attendance was large, and all appeared to. be highly delighted. The Choral Society performed splendidly ; and the young lames wh6 fornfed the main portion of the Society looked charming, and were highly complimented. The Brass Band, although not'B0 r fiumerous as they 'sometimes are, added their usual well-performed part to the evening's entertainment. -Parson Jones read from the Pickwick Papers "The Monthly Report of the Brick Lane Branoh of tbe Grand tJriited Junction Ebeuezer Teinperanee Association," which created considerable laughter ; and with Mr-. Stevens and Mr. Cambridge, sang " Dame Durden " in excellent style. But Mr. M'Cdnnochie, in his song in character, "HardUpand Broken Down^' Carried off the belt for creating merriment. Attired as he was with a white WD-topper, the Hdei-Of which wmukLib fee tjjmaf %»y (

beneath the crown. The\ long-ttitist} overcoat, he said, 1 was made by Samson, bat looked as if the cut-was of earlier date, arid aluo the sturdy walking stick* If the original Of the song was never before the audience^it was evident they had got his shadow. '-. Great credit is alstt due to several other* who obliged the audience, 'but ib being in the, musical element they exoelled, I apt behind in that respect to do them justice, I may be pardoned for not particularly * mentioning them. Thursday last was a great day in JDovrt matters : a fitting One ft would have been for opening our new Courthouse, which is yet remains untenanted. A verdict for the defendant was given in the case oi Ottx ; and the ' point of law raised by defendants that one Councillor must not contract with another on Mdnicipal matters was good, and the Town Council reaps the benefit of th* stones - through Cox being a Councillor. The Postmaster and the Mayor had a tift. The case was one of money owing by a third party, which the Postmaster said the Mayor had promised to pay, but which the latter denied. There was no material evidence to corroborate either story, and the verdict was for defendant. The afternoon was occupied in hearing the case of Feraud v. Holt, respecting the water rights held by the latter. The gist of the case was f hat Mr. Feraud applied [as a holder of a miner's right to have the defendant's license cancelled on the grounds that he did not use the water for mining purposes; A great deal of evidence was also taken, which was almost foreign to the object, viz., that relating to the condition of the race and about certain crossings. The defendant admitted that he did not use the water forgoldmining purposes, as that was not the pujv pose he was granted the water for. He said that he and others applied for the water originally for mining purposes, and were re--fused ; but ultimately they got a conditional right for the town and other purposes, subject to the farmers having what water they required. Mr. Feraud asked the Warden to state a case for the District Court without giving a decision, as he was sure neither party would let it rest on his decision. The Warden said that the proper way for him was to give a decision, and then for either party to appeal. He then asked that Holt should hand him his certificates, and he Would give his decision on an early day. The .decision was given on Monday, which is said tb be" something like the following: — "The Warden could not find anything to support the defendant's statement that . he had got the water on the terms he said ; and that as the certificates were issued and renewed under the Goldfields Act, he must come under that Act. Though the water had riot been used for mining purposes, it had been well aud profitably used. He would fine the defendant one shilling for not using the water for gold mining purposes 7 accprding-to the Act-. The decision must have'raj^ier astoni^ted the plain jjiff, seeing that he was prepared? with any amount of evidence to prove the water had not been used according to the Act, but that being admitted,, and a fine instead of forfeiture imposed, I think it must have placed him in a corner. The plaintiff is certainly a great man at law, and he no doubt will find some means to bring it on again. Both parties conducted their own cases on this occasion. I have heard one party commenting Is another on the ability displayed by the plaintiff in the conducting of his case, and the answer he received^was this i " Why, man," he says, "it is easy for him. He has all thesd briefs drawn out for a long time previous, and. he practises the crOss-examiuation oii Sundays."