CHARLESTON NEWS.

Westport Times, Volume II, Issue 302, 20 July 1868, Page 2

CHARLESTON NEWS.

In the Warden's Court on Friday, the case of Ferguson and party against Curtain and party excited some interest, owing in some measure to the apparently interminable litigation involved. According to a statement made in the witness box by the clerk of the court, it appeared that in the first case the summons was taken out by Morgan and party, the present plaintiff undert anothername, against Curtain and party for unlawfully being deprived of a certain right of water at Candlelight; it was heard and dismissed on the 28th of April. On the 23rd of June a summons was heard, preferred by Ferguson and party against the present defendants, for unlawfully disobeying a

warden's order, and judgment given for the plaintiff, the water in dispute to be used by both parties according to a system of eight hours shift. A re-hear-however w.is granted, and came off before assessors on the 3rd instant, when thejfollowing judgment was recorded, —" We hereby agree to give Curtain and party the first right of the left hand branch of the Prospectors Creek, Candlelight Flat, and Morgan and party to have the right of one sluice head from their lover dam. The left hand branch not to be subject to the eight hours shift until it leaves Curtain and party's dam." The warden, Mr Lightband, did not agree with this verdict of the Assessors, and declined to sign the record, and so the plaintiffs sought to have the case again heard. Mr Broad said it was clear he had no jurisdiction in the matter, the case had been already beard andre-heard, andhecouldnot re-re-hear it. Thefactof the Warden'snot concur! ringinthefiuaihg of the assessors constituted a good ground for appeal to the District Court. The appeal, however, should have been made within 14 days of the fiat of judgment, and the plaintiffs having failed to take that step had no other remedy, and were debarred from further proceedings. The case was dismissed without costs, some amusement being created in court by one of the plaintiffs asking for a rehearing. , Our worthy representative, Mr Home, has returned after his long absence, and appeared in court on Friday, as counsel for defendants in the case above referred to. The Pakihi Cement Crushing Company have resumed crushing after an interval of two or three weeks, during which time they were _ engaged in making an entire change in their plan of operations. The above ground system of working has been abolished, and a tunnel has been driven into the terrace, under the Buller road, in the direction of the nearest portion of the Company's claim. It has a good height, and is sufficiently wide to allow of two lines of tramway being worked. The ground will by this means be brought into more direct communication with the machine, and the saving in working expenses will be very considerable, the cost of getting and delivering at the shoot being by the new system only about half of what it was under the old. An additional battery is being constructed, to be driven by the same water-wheel, and is almost finished and ready for work.