WESTPORT WARDEN'S COURT.

Westport Times, Volume III, Issue 447, 6 January 1869, Page 2

WESTPORT WARDEN'S COURT.

The Warden, Dr Q-iles, gave judgment yesterday in a case in which Smith and party, Caledonian Terraco, were the applicants, and Roddan aud party were the objectors. Mr Pitt for the applicants, and Mr Tyler for the objectors. The application was for an extension of head-race, and it was opposed by the objectors on the grounds that the race had never been made in accordance with the certificate, and that the race belonged to them The objectors claimed that the race was made on their registration ; that Woods could not put the race at the place of notices ; and that, by arrangement, Woods was to have the use of the water. As to the transfer of rights in the race, the objectors contended that the tran-sfers were void on account of irregularity. The Warden said that the first question was—Did Woods and party, by whom the transfers were made, ever hold a prior right. He was of opinion that they never did intend to abandon their right. If the letter of the law were followed,neither party was strictly right. But he did not think they had retained their prior right. He thought the rights were concurrent. Secondly, as to the transfer? from Wood and party, the note on the back of the certificate was sufficient evidence, unless rebutted. They would, therefore, be good as Jto Campbell and M'Clutchie. M'Clutchie retained his interest. As to Campbell's the transfers were irregular, but if Campbell's had not been transferred, did it lapse to the creek for the public, or who was to have it ? He thought Sorensen had the right ef Campbell, and therefore M'Clutchie and Sorensen were entitled to registration. There, was some force in the argument as to abandonment. But they had used the water, and under the circumstances the forfeiture ought not to be enforced. Another objection was that other five of the party were not entitled, even if Sorensen and M'Clutchie were. He thought there was no force in that objection. There was nothing to prevent them associating others with them, having the same rights as Woods and party, or Woods and Crowley, who were the original race-holders.