WESTPORT WARDEN'S COURT.

Westport Times, Volume V, Issue 823, 10 June 1871, Page 2

WESTPORT WARDEN'S COURT.

Friday, June 9. (Before J. Giles, Esq., "Warden ) ROBINSON AND PARTY Y. AI'GRATH. This was an action, brought by the complainants against the defendant, to obtain cancellation of registration of thß defendant's certificate of a headrace, on the grounds that the head-race interfered with the plaintiff's registered water right, and that the defendant had failed to give them notice of his intention to make the application. Mr Horno appeared for the complainants, and called the following witnesses:— John Robinson: I recogniso the certificates produced. They are certificates of transfer from M'Grath of a certain dam to myself and others. I have been in constant occupation of the dam since January last. I was not aware of M'G-rath's intentiou to apply for registration of the head-race now in dispute. The head-race referred to materially inteferes with our rights. Our dam is placed across a gully. The race applied.for by the defendant heads about 100 yards above our dam in the gully. The defendant posted a notice. If the dam is put where I saw the notice it will cut our water off. The defendant's race will not carry the water into our dam. By the defendant: We have a registered right for five heads of water which also supplies the dam. Sometimes the race does not carry one head of water. We never had any right to the race that you have applied for. By the Bench : A portion of the race, applied for by the defendant, belonged to Hussey. When Ilussey had it he lifted no water from the gully. The defendant is now making a different head to the race, and purposes cutting off our drainage. Our dam is eight feet high. Phillip Alexander : I made the plan produced. It correctly represents, in a rough way, the position of our dam, the gully, and the defendant's race. The breast of our dam is 80 to 100 yards long. I first saw a notice on or about May 27th. I purchased my interest in the dam from the defendant. I did not expect that the defendant, who is still a shareholder, would have attempted to cut oft* the main supply of the dam. By the defendant: Wo have a headrace from the Waimea Creek con-

structcd to carry five-heads, conveying water into our dam. Tou have applied for water that is feeding our dam. The defendant, Thomas M'Orath, was then examined. He stated that he obtained registration in the usual way. He did not serve a notice as he saw one of the plaintiffs reading the notice that he had posted. His Worship decidod that the plaintiffs' interests were obviously affected, and they not having received notice of the defendant's intention to apply for registration as laid down by the rules, the certificate must bo cancelled.