THE Inangahua Times. PUBLISHED TRI-WEEKLY. WEDNESDAY, MARCH 13, 1878.

Inangahua Times, Volume V, Issue 35, 13 March 1878, Page 2

THE Inangahua Times. PUBLISHED TRI-WEEKLY. WEDNESDAY, MARCH 13, 1878.

Mr Wabbej* Shaw yeafcerday delivered a vory important judgment rogurding tho rights of wator«rnco owners* The decision hno apecial ro> ferenco to a complaint arisin-g at Creek, bub hrn a general re* fcroneo over the wholo of tho gol'd(iolda. The fncfcu of the case may be briefly Bfcatod ns followa :• Sheelwn and party, who»o workings are situate about two miles lower down the creek thnn tbo termination of tho Hoclvstteif mcc, bold, and have hold- for several years past, a registered right to ft head' water-race ftfc Nelaon Creole. Tho j?ace ia soino four or fivo miloa in length., nnd carrica eight lieads of water. Tho complaint io- that all th& parties sluicing with water from the IIochs« tetter race, by running tailings and debris into Nelson Creek,, tho only natural outlet, interfere with tbo complainnnta'B grant, by polluting Iho water aim! choking tho race. Tho corapklnnnta, anticipating tho diulf* cu-lty which hofl now arisen-, some time ngo ©ffored to. aoll their rights to the Government, but the sum asked 1 was ho exorbitant that tbe offefr wao not jenterfcakied., and^ tlje, .paiityj liave ncVcordingPy fallen back upon the law. Tho action theroforo was to restrain the defendants from running tailings and 1 debris into- Nelson Creek ; in short,, to put ft atop to- all sluicing from tho flochstotter race. Before bringing- tho case into. Court tho complainants applied to tbo different parties sluicing for compensation, but this was refused, and hence tho pre« sent, proceedings. In order that tho one proceeding should bo made to govern tho wholo of the cases, of which there are a great number, three of the parties trespassing woro singled out ns defendants, namely,, those near« eat feo and thoae most remote from the plaintiffs' claim., tho one decision to therefore equally affect all the intermediate parlies* Tlvo Magistrate yesterday delivered a mont oxhauatlve judgment upon the point, holding that tho complainants' rights muet be respected, and ordered an injunction to ioaue t^ restrain all parties from sluicing into Nelson Creek. As the complainants' ground is situated about two miles lower down tho creolr thnn the termination of the Hochstetter race, and as Nelson Creek i» tho only channel for the outflow from- tho Go. vernment race, it follows that tho effoct of tho decision is to put a stop to all sluicing from, tho Hoehatottev race, and to render that great undertaking perfectly useless for tho future. There appears to. be no question whatever as to tho law of tho cuso, and in this position of affaire* Sheehan and party aro mndo the moat perfect masters of tho situation* They appear to hold the key bo the rnoe, and can, ■ ns they no doubt will, lode it up or not at their own will. There is of course this to bo said, that Sheehan nnd party do not bold their right in perpetuity, nncl tho time will come round when they will have to apply for its renewal. They are lona fide gold miners, have spent years and yeara upon tho undertaking, nnd therefore they have an equitable claim to the renewal, so that ife i» even questionable whether it can bo refused.. It now remains to bo seen whether amicable terms enn bo come to bo v tween Sheehnn and party and tho trespassers, nnd should this ivi 1 , I,lk; ti all operations through the great rnco ;iro nt; nn end, nud something like £150,000 of public money has been exptnded in vnin. It is not possible, however, to think that such a state of nrt'nirs will bo tolerated for an instant;, and failing an arrangement between the parties in tho monntimo, Logis* liilivo interference is certain to bo invoked at the next session of Parliament, when the mnttcr will probably be righted. Tho final porlormanoo of Mr and Mrs Tan Tiwnric* in Diiwhou'b Hall, on Monday evon. ing liiet, proved ono of tho most excellent of

the Tory oxoollent series of entertainments givon boro by tiaoso ongnging artista. Tho first port of tlvo programme consisted of scones from Maobotb, m which- Mr' M. Pulton, ft looal amatour. aammraed tho chnrnctor of Maoboth, and Mm Tavwee tlmt of Lady Mnobeth. Tho representation from first to lanb was surprisingly good. From Mr Dalfcon much wiv» o*peolod, as in tho charaotor of a Shakoapoaftan roadorho hod oh ft former oocasion givon ovidouoo of tlw> posaosßMii of oonaidornWo dramatic ability, but on this occasion ho suooeodod even boyond oxpeotation, and wall oarnod tho apa plauso and congratulations ho rooolvod > and mow that tho ioo has boon broken, vro trust that further advaiftftgo will bo takon of Mr Dalton's undoubted"' Ability in Shakespearian characters to afford the public another such mtolloctuftl treat as hin performance of Monday provotl.' Aslmdy Mnoboth MrsTavnros, sating perhaps in a juvonosconoo m appoavanco, «na faultloiia. IndoocTP, thoro would aeom to bo no walk i« tho profession in whioh slw is not oasily at homo. From Mr« Tintlo to Lady Maoboth may bo said to feotnkou as tho two oxtromea of tho fominirfwro^t ond yot whothor in the ono or tho othor sho np* poaro' to> bo equally at! homo, nnd wo tonturo toboliovo that it has seldom fallon to- tho lot o( any one to more tTßjir <>|ghly grasp ao wido a ffl»f?o of QhnrnotorJa™\iß foot prcßnges a most successful curroWooforo her. It is un « nocossary to any that in his various oharno* tors Mr Tuvaros acquiltod himself most ably and tho romaining charactoua woro woll suatninod by tho amateurs. ; Thoro was ft sitting of tho jyarcton's. Obu.rt yesterday, but boyond jadgrnont boing given in a Nolson Orook case,, tho businoss was unimportant. Mr Goorgo Wfoo, on behalf of tho Pactolue Company,. applied fov n mining loaso at Boatman's, and' tlio- application wm rooommendod. Tliern woro ono or two unopposed implications for alluvial registrations, whioh. boing granted* tho Court oclh journodfor a fortnight. Mr Shaw,. RM., docs not appoar to hold a vory elevated notion of tho morality of piiblio house balls. In- the ooiu'oo of tho hearing of a olj*grog onoo m> Court yostorday, his Worship said such gatherings woro filthy orgios, and, their ooouvronoo tod' to- an interregnum of ovory thing that was right ond proper. A number of pooplo nssovTiblod, tho most filthy form of druhkonnopa- onauod, i outraging all' ecnße- of publio dcoorum. It had happonod at Oaplesfcon that tho mines had aotually boon' Btoppod" thro»gh theso bestial nssemblios, and (ho Lieonsing Itonoh. had dotorminod to do its bosh to otamp ou>t tho nuisance from' tho community. To- that ond it was intended in faturo to oaorciso tho utmost caution 'to granting pormito for dlmoi ing> oyen ki f?ho best rogulotod 1 hotels. 1 ?? Bn an outlying phuo liko ItoabmanV whoro thoro wao no polioo protection, it wns dtoubly necessary to be oiiuwoun, and it was to ho understood that in futuro pormits- for dnno* ing would bo vory raroly grantod . The good timo coming for lloofton wilT naiu^odly . .fyad 1 to „.». .conski^nabila. AiiproaaQ of population, »hn wpathor that has afflicted' tho dißtriofr so long hating- broken up nnd dint 'iippoarnfl, and tho roads a#iwn- in flood work, ing order, will throw li/b nnd ehoorfulnoss around and upon this portion of Now Zealand so favoured and' no blossod, with all tlmt rondors lifo agronablo, but whioh may and froquontly do load to- tlioso habits which ongondnrdisoaso -through oxposuro to eioknos and chills, tho hnalthiost may bo strikcm down by RnmtJMATiHM, "Rhbuhutio Gour,,nLtrMntAOO, lITTIHIMITTBNar FfiVKIW, BIhIOVANKsa, &0., and it is well tlinfc all should know* tho most rolinblo cures for, thoso uro tho famous Indian MrdkAnhs known aa " Oholkh'tt Groat Indian Cures," — thoy oftn bo- had of M l . R. Giasinge,. Ohomiflt), 'appointed solo wholesalo agent for lloofton and distriot. Sco testimonials- i«- advortisH ng oolnmns.r-Ai)v. Fomalb Myrtyrs to Hidtioy and urinary nomplnin'n aro vory numorous, The dolioato organism of tho gontlcr sex vendors it fur more susooptiblo to hurtful inflUnnooa than tho hardier ninlb systom. For tho various ailrnonts poculiar towompn,,ns woll a» for tho hysteria, pains in tho back and' loins, and' norvous debility to whioh thoy givo riso, UnorjmO' Wownfr' SoiWKDASt Aroma/tio SoitNAFFa is- a potont and plciwanl romody,