TUAPEKA. August 13, 1862.

Otago Witness, Issue 559, 16 August 1862, Page 5

TUAPEKA. August 13, 1862.

The disputes referred to by me in a former communication as existing between those who are sluicing tlie hills and the miners at work in the gully at Monroe's, came on ior hearing yesterday. The various complaints, although purely mining cases, were heard before Major Croker, as presiding magistrate of the Court of Fetty Sessions ibr Tuapeka. A large number of witnesses gave evidence on behalf of both the plaiutiffs and defendants, and after a patient hearing a verdict was given substantially for tlie plaintiffs. In two instances— those of Doyle and party and Livingstone and party— the plaintiffs were defeated owing to there not being sufficient evidence to prove that the defendants had allowed their tailings to fill up the creek within a sufficiently .short period to produce the damage complained of. The defendants in the whole of these cases intend to appeal against the decision of Major Croker, on the grounds that the censes of damage were too remote to justify a verdict, and the want of jurisdiction on the part of the presiding magistrate. The particulars of this ino^t important mining case are as follows :—: — The water course or creek running through Monroe's gully had been dug upon, and in gome places t;ie coursi: had been altered, air' at the same time partially silted up through the operations of the miner. The plaintiffs

allege that notwithstanding this, the channel was quite sufficient to carry off the stoftn water h»d it not been filled by those parlies who were at wprk sluicing on the hills. They further declare that had a sufficient amount of trouble been taken by the sluicera to bank up their tailings, the creek would not have overflowed, and as a matter of course their claims would not have been damaged. On the other" hand, the sluicera urge that as the course of the creek has been altered they are not responsible for the accidental channel which may have been formed since, and further, that even wh n the channel was comparatively clear it always overflowed its banks after heavy rain, and that in consequence they should— not-Le held responsible for the weather. X may here uieution that at the time when the damage was done to the plaintiffs' claims there had been a considerable fall of rain, and the creek was ! partiallj- flooded. During the hearing of the I lirst case it came out in evidence that the commissioner hod ordered the tailings from the*e sluicing claims to be banked up, but that very little attention ha-l ken paid to thi* onVr. 1 he*e cases have engendered much ill feeling between those ulu/are working in the flu and - c Tin- is to be icgrett. d, as :\ very litre h;>crific<> by ci her party w.mjj enable them 'o work harmoniously. I really ho.ic this \\:II tue last ease of fie Uincl brought ljef«re a-;* .jourt. There is plenty of ro im for all and with a little management, there would „.■ small chance of a collision stub as that which has sot the miners of Mom oj's by the ears.

The agitation commenced on tl>c gold fields in reference to the high price of meat, caused by the stoppage of the importation of cattle from foreign parts, has been so far successful that the Provincial Government have declared through their Deputy Superintendent that they are in '• fin or of the partial relaxation of the present stringent prohibition" against the importation of such cattle. I appears, however, that owing to the absence of the Superintendent at Wellington, the Deputy cannot assume the powers of the principal, and in consequence there is nothing for it but to wait until Parliamentary duties will allow the gallant Major to attend to the requirements of the province over which he is supposed to preside.

The miners at the head of Gabriel's still continue to do well. From old giound, partially worked by the fir-t -->mcrs, «ome fi-st-rate yields have lately X.v n ol^nme-i L;is> week a party of four h\d over 20 nz for one day's work, and the yield for the week ptevions from the same ground was close on ,50 oz.

The weather has been somewhat stormy and cold, but on the whole favorable to the operations of the miners; I anticipate therefore that the next escort will be equal to the last.