CHARLESTON.

Westport Times, Volume V, Issue 790, 18 March 1871, Page 2

CHARLESTON.

♦ WARDEN'S COURT. Thursday, March 16 (Before C. Broad, Esq., Warden.) CAMERON V. TAYLOR. This was au action to recover from the defendant the sum of £3 as compensation for alleged injury to the complainant's water-right and to restrain the defendant from further interference. The case was tried before assessors the same being Eichard Birch, Charles Bendell, John Craig, and Edw.ird Doyle. The assessors, after viewing the ground, gave a verdict for the plaintiff without awarding damages. CURTAIL AND PARTY T. M'SPARROW' . AXD PARTY. In this case the complainants claimed the sum of £lO damages for alleged injury sustained, by reason of the defendants having wrongfully diverted, water from the complainants' registered race, and that the defendants be restrained from further inteference. Mr Shapter appeared for the complainants and Mr Gillespie, as agent, for the defendants. The certificates of registration having been produced, the following evidence was taken:— Jeremiah Curtain, one of the complainants, stated that, on Saturday last he had followed up the race and found that the water had been diverted by the defendants. Edmund Hayes, another complainant, stated that the defendants had been diverting the water from their race for the last 7 or 8 days, and that they had built dams across the tributaries of the creek. They had served the defendants with a written notice statins that they had not their proper quantity, and requested the defendants to let down'the water. John Curtain gave evidence similar to the previous witnesses. Mr Gillespie called M'Sparrow, one of the defendants, who stated that the water they had been using was from dams that they had built. These dams, according to the natural flow of the water, would fall into Fenian Flat, clear of the complainants' right. He had told them, if they could show him any dam in the creek he would turn the water into their race. Ho added that the natural flow of a portion of their water would he into the creek. Thomas Hnyth stated that he owned three dams at Candlelight which defendants were using. .He did not consider that the complainants were entitled to the water. One of defendants' dams was across the creek. It had heen used by Madden and party and was utilised by the complainants. Eoger Walker stated that lie was well acquainted with the locality and that the defendants' water supply had nothing to do with the complainants' right. Christopher Brown, ono of tbo defendants, also.gavo evidence.

The Warden judgment for lie dofoudaqjjs with costs. •AIJT AND PARTY V. BLOOMFIEIiD AND PABTY. This case had been adjourned for ;he surveyor to determine the boundiriea of the complainants' machine nte. The report was handed in and APPLICATIONS. W. iteid applied that the registration held by C. Brown, for a double area claim, be cancelled. From the evidence it appeared that the def'endant had held and worked double area claim, leaving the on* applied for unrepresented. Registration cancelled. E. 0. Parker and party applied for registration of a race from the Tikopiha or Four-mile ltiver to the Back Lead, Charleston. Mr Shapter appeared for the applh cants. The application was objected to by Haines and party, on the grounds that they had previously applied for a right of water from the same source. The Warden said that he was not prepared to decide at that moment either of the applications, but that he would hear evidence relative to the posting of the notices, and to the marking of the course of the race in accordance with the rules. Thomas Liddle, one of the applicants, said : I posted the notices on the 6th of March, I proceeded to the Back Lead, and took the precaution of having two men with me in case of any dispute. I posted a notice near Godso'a house on the Back Lead, and then commenced blazing the line and placing flags upon the clear ground along the intended course of the race. We completed the marking of the race that evening as far as Haines' dam. On the Bth I completed marking the course of the race. Cross-examined by Mr Haines: I swear that I have blazed the line, and placed flags at a less distance than 100 yards along the entire course of the race. The Warden said thathe would hear no further evidence, as he was not prepared to grant the application until after he had consulted the Provincial Secretary, who was expected to arrive shortly. He thought that it would not be advisable to interfere with the water, until after he had seen whether it was decided to apply for any of the money about to be raised for supplying the goldfields with water. Owing to the quantity of business before the Court, it was necessary to adjourn the hearing of the application of several gold mining leases until Man* day next.