WARDEN'S COURT.

Westport Times, Volume III, Issue 530, 15 July 1869, Page 2

WARDEN'S COURT.

(Before J. Giles, Esq., "Warden.) Tuesday, July 13. There was a cross-action between Hugh Noran and party, and John Cole and party, l'or unlawful interference with tail-races at Addison's Flat. Besides unlawful interference, Cole's party complained of damages, and sought to recover £lO as their value. Mr Tyler appeared in both cases for Cole and party. Tho first case heard wa3 that brought by Noran against Cole. It appeared, however, at tho commencement of Norau's evidence, that he had no register for the tail-race in question, which originally belonged to the United Tail-race Company; and on that ground ho was non-siuted, without costs. In the second case—Cole v. Noran —the complainant Cole, James Wall, Thomas Neill, and others gave evidence a* to damage and delay caused by the defendants turning water through an old tunnel and " broken " ground into their registered tail-race, and thereby bringing into the tail-race shingle, sand, and " mullock." For the defendants, Duggan, Robinson, and Noble were called as witnesses, but their evidence chiefly related to a possible future damage which they might sustain through the complainants, as they alleged, blocking up the race. The Warden gave his decision in favor of tho complainants, but he did not consider that damage to the extent of £lO had been satisfactorily proved. There was no doubt that there had been a great deal of feeling displayed on both sides, aud in these eases the damages were usually exaggerated. He pointed out the remedy which the defendants or others had in the event of the complainants blocking up the race, and thereby preventing it from draining the claims as effectually as it did at the time the complainants obtained the certificate of registration, lie gave judgment for 40s, and costs.