WARDEN'S COURT.

Mount Ida Chronicle, Volume V, Issue 277, 26 June 1874, Page 2

WARDEN'S COURT.

I June 19th. j J. F. Christian, William Nicholas, and Andrew Elliott, plaintiffs, v. William Guffie, John Latham, Andrew White, G-eorge Thomas, John Thomas, William Thomas, Thomas Grose, Eliza Grogarty, defendants.—The case was heard before Warden Stratford, and feur assessors— Joseph Kealy, James Hore, Simon Hewitt, and John G-reen. Damages were claimed to the amount of £298 10s. After a very protracted hearing, and a most careful analysis of the evidence, the Warden summed up to. the following effect: —The jury find that the compl :inanfcs, by virtue of their water race licenses, are entitled to draw five heads of water from Kyeburn Creek, at a point near the Falls; and that that right has been interfered with (probably with-good intentions) by the defendants, who'have deviated a portion of the water belonging to complainants into a certain side race, and passed it into complainants' race at a different place provided for, by the tenor ofcomplainants' license: The complainants when sluicing have only, received, the water that came down the side race, and which should have entered complainants' race with the balance of the; creek water, up to five heads at the head of the said race, aud that the loss of water running down the 'Kyeburn Creek during a portion of the period named in the complaiht, that would have otherwise been passed complainants' race, is attributable to Lhe action of the defendants, who, by sluicing tailings from Clarke's Diggings into Kyeburn Creek, did choke the head of complainants' race. For about twentysis days altogether, within the dates named in thtf complaint, did the trespass continue ; and whereby complainants did suffer a loss of water,valued altogether at £l9 10s.; and, further, were compelled through such trespass to send men up to the head of their head race for twenty-six days, during the period named in the complaint, to clear out race, and repair damages caused by the action of the defendants, and for which damages and the expenses of labor aforementioned in repairing the same from time to time, the jury give a verdict for £32 10s.; with costs £7 55.; complainant allowed 30s. expenses: Caspar, 305., and M'Fadyen, 10s.