WARDEN'S COURT, GREYMOUTH.

Grey River Argus, Issue 60, 31 May 1866, Page 2

WARDEN'S COURT, GREYMOUTH.

Wern^spay, 30th May, -. >_ (Before W. H. Revell, Esq. , Warden) ' > Questions op Water Rights. —Oswald • and party had applied for the registration in their name of an old hejuV race, arid Thomas Foster objected, and claimed the race, as his property. The objection was now to:. be heard.. ; Th.9 evidence of one of the mates of Oswald and party was that they were work> ing in a creek at the Greenstone, and the head race which they now asked to be regis- . tered had. been, abandoned .and.th,e water, running to waste for the past four mpnths, until the notice papers were posted on it,' when Foster used it, Another of this partystaid that the race had not been occupied so j far as he had seen for the last, four months, I and he had always considered it abandoned by the holder.*. In cross-examinatiop he said he would not swear that the water had . not been used by Foster's party during the last month, but Foster had told him three months ago that they used it when they could not get sufficient water in the creek. Thoin.as Foster, wb.o appeared to. support, the objection, said he bought this headrace, and produiped the receipt, the trausfer, and the" registration certificate. He had held it since the 15th December, and used it iip to some time in' January. He then bo.ught into a c\aim across the, creek, leaving his two mates working the race, Afterwards they bofch came to work aQH^M the creek, when ail old jmanaadHis' son we^B allowed tP'iis'e "the --face iof a month. ]^| (Foster) then Trent over to work a inai^| shaj?e.f«r jn'ages, sometime in February, a^| from.that moment «pto-thej)resent the ts^M had been running with his party, itnd.-wliJ|p ever they M r ere short of water they used it, which was at least once every fortnight during the last three, nionth^ The race was running with his party the' day the notices w^-e posted on it by Oswald and party. The Magistrate said he must dismiss the application, as Foster had proved his right to the race, and hac^ been, using it during the stipui latedtime. Nugent and party applied for a registration certificate fop a, water-race on the Teramakauj which was objected to b.y M'Lindon. and party, 'on the ground that the applicants took all the water, so that they could mat get sufficient to. work wijih. .Nugent stated that his party had brought in the race half a mile, and it was finished before : M 'Lindon came to the gully. After the hearing of the evid.en.ee pu both sides; the Magistrate dis-. missed the objection," and granted Kugent and party their certificate. "