WESTPORT DISTRICT COURT

Westport Times, Volume II, Issue 271, 13 June 1868, Page 4

WESTPORT DISTRICT COURT

Friday, .Tune 12. (Before his Hon. Judge Clarke). O'Brien and Party, appellants, v. Scott and Party and Mitchell and Party, respondents. Mr Tyler for the appellants ; Mr W. Pitt for the respondents. This case has already been referred to, and was now resumed. The respondents' case was concluded, after which the Court adjourned till two o'clock. His Honor, on the Court reassembling, delivered a very careful and elaborate judgment, which he concluded by saying that ho fully concurred in the remarks made by the learned counsel for the appellants, to the effect that any decision he came to must not be regarded as a slur on any other decision that might have been come to in a lower court, for in that court additional evidence might be, and had been obtained, and with this before it, it was not surprising that he (his Honor) had come to different conclusions on the different evidence. The evidence before the Warden did noc appear to be nearly as full as that heard on that occasion, besides which the parties had now had the opportunity of being fully represented by able counsel. After commenting on the equities of the case, his Honor said that lie had come to the conclusion that in his opinion the judgment of the Court must be varied. Mr Tyler asked if it should be varied in the terms set forth by the appellant, which ho read. Mr Pitt objected to that variation.

His Honor thought Mr Tyler had bettor draw up a form of variation in the terms that ho had already exjj pressed, and submit it to him for consideration and approval. Mr Pitt considered that this should be submitted to him first, and agreed to by him in accordance with his Honor's opinion, of which he had a note. Ultimately after some farther discussion, it was agreed that the appellants should have a right to a full government sluice head of water, in the creek about which tho dispute had arisen, and both counsel having agreed to this, it was arranged that a formal ordor to that effect should bp. submitted for his Honor's approval. With reference to costs, his Honor thought that they should not be allowed on either side.