WARDEN'S COURT.

Westport Times, Volume V, Issue 787, 11 March 1871, Page 2

WARDEN'S COURT.

Thursday, March 9. (Before C. Broad, Esq., Warden.) Charles Haines, W. G. Jackson, W. M'Ewen, and P. M'Carthy applied for a head-race commencing at a point two miles below the race surveyed for the Charleston Water TSace Company, and terminating at their dam in Frenchman's Creek. The length of the race would be about five miles. Mr Shapter appeared for Parker and party, who opposed the application, upon the grounds that the applicants had not conformed to the rules, and also that the grant would be against public interest. Charles Haines, sworn, stated that on Feb, 27th he went to see if it were practicable to divert the lour Mile river into Charleston. Being afraid that it might get wind, he wrote out what he was applying for and gave it to Dillon, who was looking after their race, to give to Mr Jackson, in order that he might apply in Court for it. Witness got the levels of the Charleston water-race to guide him, and made for the Saddle, an important portion of the ground for the intended race." He was out four days, being two days without water or anything to eat. Ho subsequently, after having recruited, returned and posted the notices. He did not post the notices at the head of the race. It would take a month for four men to cut a track to the head of the race. This applicant also stated that ho and three men were at present occupied in cutting a track to the head of the race, and he asked for an adjournment until the track was completed, which would take about a month, Mr Shapter objected to an adjournment, and contended that, in consequence of the applicants not having complied with tho rules, their application could not be entertained, and consequently no adjournment could bo granted. The Warden decided upon granting tho adjournment, as this was an exceptional case and the rules had been compliod with in serving a notice of application.