CHARLESTON.

Westport Times, Volume V, Issue 798, 6 April 1871, Page 2

CHARLESTON.

WARDEN'S COURT. Monday, April 3. (Before C. Broad, Esq., Warden.) Harle and others v. Howe and party In this case the complaiuants sought to have the certificate of a dam obtained by the defendants, cancelled. Mr Shaptcr appeared for the complainants, and called several witnesses whose evidence went to show that the erection of the dam would materially injure their right.

Defendants called Mr Greenwood, surveyor, who stated that it was quite practicable to divert complainants' water, past Rowe and party's dam without interfering with any right. Mr Shapter apdressed the Court in support of the complaint. The Warden, in giving judgment, said that it was plain, from the evidence, that tho rules had not been complied with and, therefore, ho would order that the certificate of Dam 423 be cancelled.

The adjourned application of R. C. Barker and party to divert water from the Four-Mile and Fox's Rivers, came on for hearing to-day.

Mr Shapter appeared for the appli, cants.

Mr Shapter called Jonathan Ha*fe| to give evidence relative to the of the notices and confirmatory of the evidence of Thomas Liddell, given at the former hearing. Jonathan Harle, sworn, stated: I am one of the applicants. I went with Liddell on the 6th March. We put one of the applications on the Back Lead; blazed and finished post, ing the notices on the Bth. We Went as far as Haines's dam on the first day, and we posted a notice at the Limestone Gorge of the Four-Mile River, and finished the marking of the race on the Bth. We blazed the Hue and put pegs is at less distances than 100 yards.

William Hutchinson also gave con. firmatory evidence. Mr Shapter, in addressing the Court, said that this was an application which he hoped the Court would see proper to grant, as Haines and party had very properly, he thought, withdrawn their objections. The district was almost entirely dependent upon Haines and party for water, and, as they had a monopoly, the granting of the application would give rise to competition, which would cause the water to be sold at a much lower price. As the cutting of this race would cost a large sum, he should ask the Court, to grant the right to 50 heads of water. He thought they were fairly entitled to six or seven heads per man. It was for the Court to promote enterprise, and, as the proposed work would bene* fit the district and make it prosperous, he thought the Court should recognise the grant.

His Worship said that this was an application for a race from Tikopiha river, and the length of the race was about seven miles. There could be no objection to the grant, as it was apparent that there was a bona fide intention to carr7 out the work. There could be no doubt that competition in -water-supply would be a great benefit to the district. Registration would be granted upon the following conditions:—lst, The quantity of water to be thirty heads; 2nd. The work to he immediately proceeded with; 3rd, The race to be finished in six months.

Mr Parker wished to have his name erased from the application, as he thought the time given to carry out the work was not sufficient; it would take a month to survey it, and it would be impossible to finish the race in five months.

Mr Broad said that that condition was only mentioned as a guarantee that the work would be carried out without loss of time. It was at the suggestion of the Provincial Secretary that the time was restricted to six months, as a guarantee for the completion of the race. As the work pro. gressed, if further time was required, it would be granted. There was also an application by the same party for a wear or dam, which was granted, subject to the plans being lodged at tho Warden's Office.