WARDEN'S.

Mt Benger Mail, 25 March 1914, Page 3

WARDEN'S.

• ; .'-I \ i . I'.ith MARCH, l'.'ll. iI. fee K. W. Burton, Esii., Warden.) •I. Donaldson (Mr Mckeani.—Application to have license No, IIoOU tor ivater ra ■• altered -o as to command all his propi rt\ . 'i his was objected to by Henry i.loxiiam (Mr Fletcher; on the grounds that retusi from apptijant's sheep yards would become a nuisance to objector and therein'cause disease. Henry Bloxham (Mr Fletcheri chinned LiTi as damages from J. l'oaal Ison .Mr Mekeanj for loss ami damage Mistaiind through water n >t running ci ntinuoush through above race. Counsel for both parties agreed tit 11 the evidence iu connection with the , claim for damages and injunction 'would act as evidence in the extension applied for. After consideration and legal argument it was resolved that an inspection oi the locality be mad* oy the Court an I an adjournment tor that purpose was made. (Oin the granting of the license No. iltiou in Is'lt* a condition was attached l\ Warden Evans to the efiict that Wiiler must run continuously through -he race so that no foul matter would stop „n Bloxnain's land. Ld.j {*n the ( oui t rc-uniing, ■ i.•<lh/ Burton, minin_ aj-ut. -aid that on the I'lith March, I'JIS, he lad applied on behalf oi J. Donakison for :, water face, (Application and objection In bloxham produced.) Uu dune ii. r. ii- he oolain d liccuse No. 1 ltioK produe, di. ad visited ground with Warden Kwtns wheu the application was made for tie purpose of pointing out water race to him. Laloli Brother- /. M. Kearney.— Claim I". IU goods supplied. Judgment by default for amount claimed, with 5s costs. S. Wall t,Ali Fletcher j v. .1. Fletcher I laim lr Lis oa account, of which xC hud been i>aui. Judgment given fo r balance, to bs, with L-s costs. L WardensMr Mckean objected to the <- id eace of witness as he had been acting as agent tor applicant sit that uue, but who was now the objector. His. Worship agreed with the objection but held that witness could give evidence anything that was Said as before the Lourt that day which was public property. Witness continuing his evidence, outlined the proceedings on the ground wheu Warden Evans visited it, '.he latter remarking that after what he h a d seen he could not grant the application without adding the condition to it.

J.eslie Bloxham, Edward liloxnam, and frank De Siiv a gave evidence as

to swing the water race with no water running in it, the first witness stating that tie had seen it without water on several occasions since New lear, but it had been running continuously since the previous Thursday. Evidence for the defence was given by John Donaldson and Andrew Donaldson, the former stating that to his knowledge the water had never been oli at th" intake. IDs neighbours' cows trampled the race but whenever this happened he had it lixed up. lie used the water during shearing time and also at dipping, but at present termination was not ot much hence application for extension.

liis Worship after hearing the evidence and legal argument, ga\c judgment for defendant and disallowed damages anl injunction, with £4 is professional fees and 10s witnesses' expenses.

After considerate legal argument his Worship refused the application Ifo' extension ot water race, with the sann professional fees against applicant and costs 12s.