WARDEN’S COURT, CLYDE.

Dunstan Times, Issue 1532, 19 June 1891, Page 2

WARDEN’S COURT, CLYDE.

Monday, June I. James Holt applied to exchange his title to race from Waikerikeri Creek for new title under Mining Act. Mr Bodkin objected. Mr ‘Gilkistm lor applicant, Mr Turtou far objector."’ ’The application and objection were heard at length, and finally the application was granted as a similar title to that originally granted iu 18(53. Mr Bodkin applied to exchange his title to race from Waikerikeri Creek. Mr Gilkisou for objector said that James Holt objected on the ground that he had consented to J. U. Feraud using portion of his (J. Holt’s) race and iu return received water for nine mouths in the yeai from Mr Feraud. Mr Bodkin, how ever, refused to continue this arrangement Mr Holt therefore revoked any consent ho had given and would not allow any water but his own to be carried in his race. Mr Bodkin was really only a tenant at will of the portion of Mr Holt s race he used, and, on the authority of Wood and Leadbitter, the tenancy could be terminated at any time. Mr Turtou contended that, Mr Holt having consented iu 1878 to a grant being given to Mr Feraud of the water-race to be run iu conjunction with J Holt’s, it was impossible now to re-open the matter. His Worship ruled he must grant a similar title, and he thought Mr Holt could not now refuse permission to use his race [We understand that notice of appeal to the district court has been given by Mr Holt to the granting to Mr Bodkin of above right.]