pril r, 1895.] THE TROPICAL 
agriculturist 
665 
THE DISPUTE ABOUT RIPARIAN 
RIGHTS ON TEA ESTATES. 
IN TIIK DISTRICT COURT OF KAXDV. 
James Sinclair of Bearwell Talawakelle, Plaintiff. 
i>, 1. — Edward Rice Wiggin of Bambrakellie, Estate, 
Lijidula. 2. — G-eorge William Go deve, presently in 
England. 3.— Henry Rice Wiggiu of Meddecumbra, 
Estate, Wattagoda, Defendants. 
The Plaint of the abovenamed plaintiff James Sin- 
clair appearing by James H. Sproule and Hugh 
Sproule proctors carrying on business under the 
name, style and firm of Sproule and Sproule staUs 
as follows : — 
1. This actiou is brought for a cause of action 
which arose and in respect of land which is situate 
\vi ; hin the lo .al limits ot the jurisdiction of this Court 
2. Under and by virtue of a Crown Giant dated 
the 25th Feb. 1807. John Harrison and William 
Forbes Ijaurie were the lawful owners and proprie- 
tors and seized and possessed of an allotment of land 
numbered 3971 in Government title plan No. 67,356 
and of the extent of 295 acres situated in Udagama 
korale and in the schedule A hereto annexed more 
fully described; and under and by virtue of a Crown 
Grant dated 2nd Oct. 1872 the said William Forbes 
Laurie, Henry Ransome Kerr, John Robert Bramwell, 
and James Oruickshank Willox, were the lawful 
owners and proprietors and seized and possessed of 
an allotment of land No. 5,466 in Government title 
plan No. 81,7.; < and of the extent of 1*30 acres situ- 
ated in Ddapane korale and in the said schedule A 
more fully described ; and under and by virtue of a 
Crown grant dated the 13th Sept. 1878 the said 
J nues C.nickshank Willox was the lawful owner and 
proprietor and seized and possessed of an allotment 
of l.ind No. 7183, in Government title plan No. 
I LO#86 of the extent of 178 acres situated in Udapane 
korale and in the said schedule A more fully des- 
cribed; and under and by virtue of a Crown grant 
(tailed l.'tlli Mft) 1871, Henry William Pice Wiggin 
wa's the lawful owner and proprietor and seized and 
possessed of an allotment of land No. 79,958 aud of 
the extt ut of 143 acres and in the said schedule A 
more fully described. 
a. Under and by virtue of the several conveyances 
executed by the said John Harrison, the said William 
Forbes Laurie, the said Jolin Rpbert Bramwell, the 
said Henry Kansome Kerr, the said Henry William 
Rice Wiggin and one Hector V.uiCuylenburg as ad- 
ministrator with the will annexed of the said James 
Cruickshank Willox deceased and one Alexander 
Willox McFadven ekeiiitor of the said will of the 
said -lames Cruicksb) ink Willox and full particulars 
of which are given in the schedule B hereto annexed 
the plaintiff is the sole lawful owner and proprietor 
and seized and possessed of the said allotment of 
lands numbered 3971, 5166, 7183, and part of the 
allotment numbered 79.958 now forming one tea es- 
tate called and known as the Mousa Ella estate. 
■1. The defendants or the lawful owners and pro- 
prietors of the Baiubarakellie estate comprising two 
allotments of land and adjoining the Mousa EHa 
estate on its western side. 
0. The said Mousa Ella and Baiubarakellie estates 
are correctly depicted in the plan herewith riled 
and marked X. 
0. Part of the Western boundary of the said 
Mousa Ella estate is a natural river or stream which 
is also part of the Eastern boundary of the said 
Bambarakellie estate and flows past both estates from 
South to North approxim itely and is delineated and" 
colored blue and marked MMMM in the said plan 
X and is herein-after called the main stream. 
7. The said main stream is fed and its waters 
largely supplied by another natural river or streanr 
which also is delineated and colored blue in the said 
plan X and marked T l'T i' and which flows through 
the said Bambarakellie estate approximately from 
west to east and is hereinafter referred to as the said 
tributary stream. 
8. The plaintiff as such owner of the said Mousa 
Ella estiit. a id Ins predecessors in title always were 
and the plaintiff Willis entitled to havo the paters 
84 
of the said main stream (including the waters con-, 
tributed thereto by the said tributary stream) now 
in its natural bed past his said estate at all times 
in its natural volume and at its natural level and 
velocity. 
9. Tne plaintiff and those through whom he 
claims being owner and owners of the said 
Mousa Ella estate undisturbedly and uninterrup- 
tedly possessed and enjoyed for a period exceeding 
ten years previous to the committing of the grievances 
hereinafter complained of. and to the bringing of 
this action by a title aclveise to and independent 
of the defendants and all ot'iers the right, convenience 
and advantage of having the waters of the said main 
stream (including the waters contributed thereto by 
he said tributary stream) flow in its natural bed 
past the said Mousa Ella estate at all times in its 
natural volume and at its' natural level and velocity 
and the plaintiff has thereby acquired and now has 
in ad.lition to his title herein- before set out a good 
prescriptive title to such right, convenience and ad- 
vantage and the plaintiff .claims in this behalf the 
benefit of the provisions of Se 'tion 3 of the Ordinance 
No. 22 of 1871; 
10. Tne plaintiff complains of the defendants and 
says that they unlawfully in the year 1891 constructed 
an 1 have ever since kept and maintained across the 
said tributary stream at a point marked B in the 
said plan a weir or dam, and a channel or water- 
course marked YYYi" in the said plan X imme- 
diately above such weir or dam whereby the waters 
of the said tributary stream are drawn off from its 
natural bed aud never again returned thereto, or to 
the bed of the said main stream and by reason of 
the sai I unlawful a^ts of the defendants the free 
and 111 tural flow at all times of the water of the 
siid tributary stream into the said main stream is 
obstructed and prevented, and in consequence 
thereof the waters of the said main stream (in- 
cluding the. waters contributed thereto by the 
said tributary stream) do not at all times 
or ever How in its natural bed past plaintiffs said 
estate in its natural volume, and at its natural level 
and velocity but are diminished in volume, velocity 
aud level to the plaintiff's damage of R1,000. 
11. The right which this action is brought to en- 
force is of the value of R 10,009. 
The plaintiff therefore prays as follows : — 
1. That he as owner and proprietor of the said 
Mousa Ella estate and by prescriptive right as 
aforesaid be declared entitled to have the waters of 
the said main stream (including the waters contri- 
buted thereto by the said tributary stream) How in 
its natural bad past the said Mousa Ella estate at 
all times in its natural volume and at its natural 
level and velocity. 
2. That the defendants bs restrained by perpe- 
tual injunction from interfering in any wise with 
such flow of the said stream either by building or 
in lint lining across the said tributary stream any 
weir or dam or other obstruction or by making or 
maintaining any watercourse or channel whereby 
thj waters of the said tributary stream are perma- 
nently drawn off from it an! from the said main 
stream or in any other manner whatsoever. 
3. Tntt tli3 defendants be do.rced and ordered 
to remove the sai I weir or dam and close up the 
said watercourse or channel Yi'i'l". 
4. T.iat the defendants be deoreed to pay to plain- 
tiff the said sum of Rl,000 as damages. 
5. That the defendants be decreed to pay the costs 
of this action and that such other relief be afforded 
to the plair-tiff as to the Court shall seem meet. 
[The answer to the above will he published as 
soon as received.] 
— — - - ~> - 1 
Royal Gardens, Kkw. — Bulletin of Miscellaneous 
Information for Dec, 1894, Contents: Cultural Indus- 
tries in Dominica, German Colonies in Tropical Africa. 
Sisal Hemp in the Bahamas, Sago Cultivation in 
North Born jo, the Clove us a Dye Plant, the UUiaina 
Sugar-Cine. Bjtanic Stations in tne Leeward Id ui la, 
Contents, and Index to Vol. fur 18:11. 
