WARDEN'S COURT.

Cromwell Argus, Volume III, Issue 138, 2 July 1872, Page 5

WARDEN'S COURT.

Thursday, June 27. (Be/ore II If. Caretv, Esq., Judge and Warden.) DNL A W b"E7L 1S T 31! S KI: ENC E. W. Wilton and another v. Bark Chung and others.—The complaint iu this ease charged defendatu with allowing sludge to flow from his claim in Dead Horse Gully, Luggate, into complainants' water-race, thereby putting complainants t.i the 100 of six wests' time, and to an expense of ClO for cleaning out the race. Mr Allauhy appeared for the complainants, and Mr P. -f. Wilson for the defendants. The evidci c; of Willi im Wilton went to show that complainants had bjen using the water-race for the last seven years; that the defendants use a hydraulic hose iu working their chr-m, which is situated above the race, mid by that method wash away their around with great rapidity and force. Complainants' race had been idled up for a length of about; 300 yards with the silt washed down from defendants' claimWitness went to sec defen lants about the matter, and understood one of them to say that they would adopt means to stop the cause of damage. Complainants bad not been working for the last sic weeks, and had not attempted to e'eao out the race, as they wera waiting iu expectation of the d.feudants taking some action to prevent the filling-iip of the race. There was another party of Chinese, known as I\am>, working between the defendants'claim an I the water-ruce. KHardus Vlietstra, miner, had seen that potion of complaiuauts' race which had been fibed up. For a distance of about .100 yards, there were from three to fourteen inches of mullock in th? y,)co.. Witness could not say where the mullock c .me f"om. Mr Wilson submitted that a? an intermediate party (Rami's) had been proved to have participate! iu the d range, that pirty ought to have been mole co-defendants iu the present action. His Woiship was of opinion that the c was a su.Tic'ent case for defendant'? to answer. The evident c of Park I 'hung and Ah Oooewas taken through the me bum of an interpreter (Ah Ham), but nothing of importance was ebcited from either of them. Mr Wilson said it, was a ride of law that the proximate cause of damage should be sought for before going to a remote one. as had been done in this ease. He submitted that the wrong partics had been sued. His Worship reserved his dec'sion until Thurs- { day, 4th inst. APPUCA'-'ION!*. Prihci'nn for ninety days was granted to Andrew Whitfield and another (on account of inclement weather) for a sluicing claim in Smith's I Cully. Extended Clnhm.— Richard Gee, one ace, im-medi.-fcely below Graham's dam: granted.—F. I We I 'iog, one acre, near mouth of Pipeclay Gully: I granted. Ta'd Race.— Wa Hi and another, Ecndigo Gully : granted. Wafer Race. R,. Goo, two slnice-heads from Ah Clice's wing-dam at Dannockburn : no appearance of applicant. A man named Arkenstall wis buried by fall of earth in a cla'm at Sw> tzers about a month ago ; nod although the work has been kept up j ahnost the whole tbme, his body has only just [been recovered.