ST. BATHANS.-August 3.

Mount Ida Chronicle, Volume I, Issue 27, 6 August 1869, Page 3

ST. BATHANS.-August 3.

Resident Mlgistrate's Coubt. (Before U. '.' W. Kobinson, Esq., KM.) Fitch v. Simson.—£6 16s 6d. No appearance of defendant. Judgment for £6 16s 6d and costs. Harrison v. Money.— £5 9s 6d. Judgment for £4 19s and costs. Hewes v. Dodds —£6 10s. Settled out of Court. Wa it den's C ottet. (Before H. W.Eobinson, Esq., garden.) Robert Harrison V; ; W. H. Money— ITor dissolution of partnership. Dissolution decreed. Debts of partnership to be paid by Harrison. Defendant to pay to him, to balance accounts, 8s 2d, and costs Bs. St. Batbans Channel Trust Committee (per R. Wheeler, treasurer,) v. Scandinavian "Water Race Company, Registered.—Claim for £46 18s sd, proportion of expenses of completing the St Bathans main tail race. It appeared that the majority of claimholders at St. Bathans had come to a resolution to having the main channel under the provisions of the main tail race regulation, section 19,'reg. x. In'JSTovr. last it was decided that each claim should contribute'at the rate of £7 10s towards the amount to be raised as against the Government subsidyj and acoinmittee was appointed to collect

the money. ; Thewater companies*'\vere not fcjen assessed, but weru asked to , cotitribute, and gave a donation of £SO ! among them. A further request being - made for contribution of the" watt r companies they offered to give £SO : more on condition that; no; further de- ; mand should be made on them. This j the committee agreed to and took the! money. Subsequently, in March 1869, \ a second rule was passed, authorising a ! new committee then.appointed, to levy i an additional rate on all. persons inte- j rested. This committee resolved to I assess'the water companies at £202,! and gave them credit for the £IOO already* paid.... The total cost of the works had been £1453 16s Bd, and the committee apportioned it as follows—G-o- ' vernment subsidy, £BSO ; claimholders, £4Bl IBs 8d ; water companies, £202. The present action was brought to recover the Scandinavian Company's proportionate share of £lO2. For.; the water company it was contended that, ■although no doubt interested in the channel, they were not liable to contribution under sec. 19 of reg. x. .The storekeepers were also interested, but it would never be contended that they should be assessed. . The company had no claim, in the St. Bathan's basin. The Court held that the whole question turned upon the interpretation of the word-"claim," in the section. It was evidently the intention of the regulation that only the persons interested as being holders of claims, from which water or tailings flow to a common outlet, should be taxed. The Warden did not : himself consider that in this section the "word "claim " was to be read in other than its ordinary meaning. It was not impossible to interpret the word" claim "so as to include a water, race, but he did not feel called upon to put such a forced construction on the phrase. He must, therefore, dismiss the ease. Mr. Wheeler requested, on behalf of the plaintiifs, that the. Court would submit to the District Court for its-opinion, a special case (under sec." 76 of the Goldtields Act, 1866) as to wbat should be the interpretation of the phrase —" persons from whose claims water or tailings flow to a common piitlet;'.' that is ; to say whether it coiild not be held to. include holders of "water races. This the Warden consented, to. and suspended judgment ■iii|he meahtiine. -/-. : ■ ; ;|ame v. Enterprise.;■ Water.Race Co., Eegistered.-^—£3o 12s. Withdrawn. iSame v. Mountain Water Race Co., Eegistered,—£24 9s 7d. Withdrawn. ~. Weo. E, Allen vrWin. Watson.— Ep£ cancellation of a water right. Plaintiff being the runholder brought they preseiit case to get the rights of the j -defendant to an abandoned water race upon his run cancelled. No defence was offered. License adjudged to be cancelled.