The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. SATURDAY, JULY 8, 1871.

Westport Times, Volume V, Issue 834, 8 July 1871, Page 2

The Westport Times AND CHARLESTON ARGUS. In the cause of Truth and Justice we strive. SATURDAY, JULY 8, 1871.

The decision in the Warden's Court, yesterday, by which the principle is established that the applicant for a water right to a creek is not required to give notice of such application to the bolder of any prior right, is unquestionably at variance with the rules and regulations. It is there distinctly laid down that any applicant for a head-race or various other privileges enumerated shall give notice of his intention to apply for such right to all persons whose interests obviously will be affected by the grant of such application. The argument that .provision is amply made for the maintenance of a superior right to creek water, applies with equal force to every other privilege conferred by the regulations, and to follow out the same line of reasoning, the matter of serving notices is merely formal and may be dispensed with. It is quite true that the exercise of any privilege is only permitted by the regulations so long as it does not injuriously affect any holder of a prior right. The holder of a dam, for instance, is restrained from backing water or tailings, so as to injure his neighbour's workings, but it is not desirable that the power of inflicting this injury should in the first instance be given, leaving the aggrieved person to bring his action afterwards for the recovery of damages. In the same way a valuable mining plant consisting of shoots, crushing machinery and tables, might be exposed to destruction from the bursting of a dam constructed in its immediate neighbourhood, entailing a loss far greater than the holders would be willing or able to make good good; but the aggrieved party, had a notice been served upon them, would have had the opportunity of objecting to the site. Parallel cases may be cited as applying to water-races. It ia obvious that a race holder may inflict very serious damage when the course of two races run parallel, and the one at the higher level is badly constructed; if side cuttings are introduced in place of fluming where the ground is rotten and liable to break away after heavy rains. Instances are not wanting also of miners heading a race into a creek above the prior right,

when the position of their claim would even more readily admit of the water being diverted at a point below the prior right. This latter contingency requires to be especially guarded against as likely to give rise to constant disputes and frequent litigation. By serving notices prior to the grant of the application upon all parties interested, a source of constaut misunderstanding may be averted in numerous instances. ' 2

We are requested to call attention to the work for which tenders are called by the Buller Towing Track Company. The work is subdivided to admit the more readily of its being taken in hand by small parties of workmen. Specifications for other portions of the track will be prepared in a few days, when tenders will be called for the per-liu-mance of the work. A "Gazette" of June 29 announces the further prorogation of the meeting of the General Assembly to Monday, the 14th of August. Two breweries are to be started immediately at Eeefton—one by Mr Walter Williams, late of Addison's Plat; the other by Mr Murdoch, late a partner of Mr M'Kenna, of Grey River. Newton and part-v have been crushing for the past fortnight at the Cement Company's machine, liie plates look exceedingly well covered with amalgam, but no washing up will be attempted for at least two months. The quartz is expected to yield from ljoz. to ioz. to the ton. The maximum put through is about 30 tons a week. The value of town allotments at Reefton is greatly on the increase, two portions of sections sold last week brought the following prices—twenty-one feet, £4O, and twenty-five feet, .£3O. These, however, are far from being the highest prices asked, the best allotments being valued at jfilOO and J5150. It is hard to imagine, therefore, when the rush sets in, what sum the fortunate holders of business sites will demand. We learn with pleasure that Mr Seymour, insisted by Mr Hillsden and Mr Brahaui, have beeu most favourably received in Charleston. They exhibit at the Casino de Venise, this evening, and at the Masonic Hall, Westport, on Monday evening. Since our last issue the sea has continued the work of destruction. On Thursday last the property, formerly known as the Provincial, was submitted to auction, and was finally knocked down to Mr o'Conor. There was a considerable attendance, but the imminent danger with which the premises were threatened precluded buyers from operating. As soon as the property was sold the work of dimantling was proceeded with, and had to be done hurriedly in order to save the building being swept away by the breakers. The adjoining property belongs to a Mr Cass, resident in Auckland. The premises are partially undermined, and unless removed, must be totally destroyed. The Little Grey Hotel, owned by Mr Emanuel, is also being taken down, and the debris removed. The remaining properties immediately threatened are the Buller Hotel and the Nelson Hotel, numerous outbuildings attached to the latter having been undermined by the surf.

A serious slip has taken place on the Bui ler road about three miles to this side of Christy's. The mailman was detained several hours rolling away the blocks of reef —so as to scramble over the obstacle. The road will continue impassable for horse traffic until the debris and rubbish have been cleared away. The Anniversary of American Independence was ushered in at Eeef ton by the discharge of small arms and other noisy demonstrations to the infinite annoyance of a majority of the community, who, no doubt, mentally consigned the disturbers of their midnight slumbers to a place that shall be nameless. A meeting of the nowly appointed Hospital Committee took place on Thursday evening. There a was full attendance of members. Messrs Whyte and Humphrey were re-elected, Treasurer and Secretary respectively; and Messrs Fisher and Muneon, Auditors. The Secretary was instructed to call for tenders for supplies to the institution for the ensuing year. The Visiting Committee for the present month are Messrs Gilmer, Fisher, and Powell.