WARDEN’S COURT.

Cromwell Argus, Volume III, Issue 139, 9 July 1872, Page 6

WARDEN’S COURT.

—* ■’ Thursday, July 4. (Before E. 11. Carew, Esq., Judge and Warden.) Tu the adjourned case, Wii,ton t v. Bark Chung, an action for unlawful interference, the Warden delivered the following judgment:— “ From the evidence before me in this case, I am unable to say that the defendant is a wrongdoer. He holds a right of water from DeadHorse Gully,—the same source of supply as complainant : he diverts it to his claim, and returns the water to the same creek, at a distance estimated by the complainant at one mile, by defendant at two miles, above the head of complainant’s race Defendant’s title is an inferior title to that of complainant, but I consider he is entitled to a fair use of the water for mining purposes, provided he discharges it so that it can be availed of by complainant, and is tit to be used by him for mining purposes. The evidence shows that an intermediate party, Kam and party, again sluice with and return the water to the creek between defendant’s claim and the head of complainant’s race, —whether with or without title does not appear, No sufficient proof has been given that the injury to complainant is caused by the manner in which defendant uses his inferior right, nor can 1 judge by the evidence which has been given in this action whether the defendant is a joint wrong-doer ; and I must hold with defendant’s solicitor, Mr F. J. Wilson, that the case is not put properly before the Court. I therefore nonsuit complainant, —with costs of witnesses, JJs., and professional costs, 42s.'’ The complainant wished to know whether his Worship would grant an injunction to restrain defendant from working his claim until some arrangement could be made to prevent injury to complainant’s race. The Warden said he had no power to grant an injunction under the circumstances. APPLICATIONS. Protection. —Win. Smalley and five others applied for sixty days’ protection (on account of inclement weather) for a quartz claim, situated three-quarters of a mile east of the Heart of Oak : granted on the usual condition. —John L. Edwards and live others made a similar application in regard to No. 1 west of the Duke of Cumberland, which was also granted conditionally.— Evan Jones and live others, sixty days (to test the reef) for the Black Horse claim : adjourned till the 11th hist,, in consequence of an objection by Daniel Moore.