IN THE PRIVY COUNCIL.

IN APPEAL FROM THE ISLE OF MAN.

BETWEEN

JAMES COWIN & GEORGE GOLDSMITH APPELLANTS,

AND

WILLIAM F. MOORE - RESPONDENT

BETWEEN

JAMES COWIN & GEORGE GOLDSMITH - PLAINTIFFS,
AND
WILLIAM W: MOORE - DEFENDANT

AT COMMON LAW AND BEFORE THE HOUSE OF KEYS.

Michaelmas Term. 18 Victoria Regine. House of Keys.

At a Common Law Court holden at Castle Rushen, for the Southern District of this Isle, the Tenth day of October, One thousand eight hundred and fifty-four. Before His Honour William Leece Drinkwater, Esquire, Deemster and Judge of the said Court, and other officers then and there present.

Actions.

Conchan.

James Cowin and George Goldsmith, of the parish of Braddan, millers, complain against William Fine Moore, of the said parish of Braddan, sail-cloth manufacturer, and show that the Plaintiffs, before and at the time of the committing of the grievances by the Defendant hereinafter mentioned, were, and from thence hitherto have been, and still are, tenants in possession of a certain corn-mill and premises, with the appurtenances, in the said parish of Braddan, called Ballaughton Mill (and which said mill is an ancient corn-mill) ; and by reason thereof, before and at the time of the committing of the grievances hereinafter mentioned, of right ought to have had and enjoyed, and still of right ought to have and enjoy, the benefit and advantage of the water of a certain stream or river, in the said parish of Braddan, called the Bright River, which during all that time ought to have run and flowed, and, until the obstruction thereof hereinafter mentioned, of right had been used and accustomed to run and flow, and still of right ought to run and flow, in great plenty and abundance from the said stream or river through certain lands in the said parish, part of the Estate of Port-e-Chee, and thence unto the said corn-mill and premises of the Plaintiffs, for the supplying the said mill with water for the working thereof ; yet the Defendant, well knowing the premises, but contriving and wrongfully and unjustly intending to injure and prejudice the Plaintiffs in this respect, and to deprive them of the use, benefit, and advantage of the water of the said stream or river, and to hinder and prevent the Plaintiffs from working their said mill in so ample and beneficial a manner as they had theretofore done, and of right ought to have done, and to injure them in their trade and business of millers, which they during all the time aforesaid exercised and carried on, and still do exercise and carry on, at the said corn-mill and premises, and to put them to great expense and inconvenience, whilst the Plaintiffs were so possessed of their said mill and premises, with the appurtenances as [4] aforesaid and carried on their sail trade and business therein,— to wit,on the first day of November, One thousand eighthundred and fifty-one, and on divers other days and times between that time and the day of commencing this suit, in the parish of Conchan, wrongfully and injuriously, by means of a cer- tain dam by him, the Defendant, cut and constructed by the side of the said stream or river, diverted and turned divers large quantities of tho water of the said stream or river into the said dam, and therein and thereby, from thence, hitherto, and during all the time aforesaid, impounded, penned back, and obstructed the said water of the said stream out of and away from the said mill and premises of the Plaintiffs, and stopped prevented, and hindered the water of the said stream or river from running or flowing along its usual course to the said mill and premises of the Plaintiffs in its usual and accustomed manner, and from supplying the same with water for the necessary working thereof, as the same of right ought to have done, and otherwise would have done; and by reason thereof the water of the said stream or river, sufficient for the supplying of the said mill of the Plaintifls during all or any part of that time, could not nor did run or flow a to the same, as the same of right ought to have done, and otherwise would have done; and the Plaintiffs thereby, for want of such sufficient water, could not during that time use their said mill and premises, or exercise their said trade or business therein, in so large, extensive, and beneficial a manner as they might and otherwise would have done; but were thereby, during all that time, deprived of so beneficial a use and enjoyment of their said mill and premises as they ought of right to have and enjoy, and of the benefits, profits, gains, and advantages which they otherwise might and would have made by carrying on their said trade and business therein. By means of all which the illegal actings and doings of the Defendant, the Plaintiffs charge that they are damaged in the sum of One thousand pounds, for recovery whereof they bring this suit, and pray judgement therein according to the due course of the common law.

Deft. non compert.

At a Common Law Court holden at Castle Rushen, the 6th Feby., 1855. This cause is continued to next term, to give the Defendant an opportunity to apply for a Special Jury to try the same. W. L. Drinkwater.

At a Common Law Court holden at Castle Rushen, the 8th May, 1855. This cause is continued to next term. W. L. Drinkwater.

At a Common Law Court holden at Castle Rushen, 3rd July, 1855. This cause is continued until next term, the Deemster presiding being interested therein, and therefore not able to hear the case. W. L. Drinkwater.

At an adjourned Common Law Court holden at Douglas, the 10th Octr., 1855

The names of the Special Jurors sworn to try the issue between the parties — Thomas Jones, William J, Moore, Joseph R. Bowman, Robert Gell, Charles Cleator, Richard Gelling, which Jurors are to appear on and view the premises in the foregoing declaration mentioned at such time as may hereafter be appointed W. L. Drinkwater.

At an adjourned Common Law Court, holden at Castle Rushen the 18th March, 1856 By consent of parties, the aforesaid Jurors sworn to try the issue in the Declaration referred to are discharged, in consequence of the illness of one of the said Jurors, and of another having left this Island. W. L. Drinkwater.

At an adjourned Common Law Court, holden at Douglas, the 8th May, 1856 The names of the Special Jurors sworn to try the issue between the parties :-

Robert J, Lewin, William Dalrymple, Robert Fargher, Archibald Clark, William Beckwith, Robert Roskell, which Jurors are to appear on and view the premises in the foregoing declaration mentioned at such time as may hereafter be appointed W. L. Drinkwater.

[5] At a Court of Common Law holden at Castle Rushen, by adjournment, the 2nd Octr., 1856 William Beckwith, one of the Jurors sworn to try the isane joined in this cause, being unable to attend and serve further in this cause, in consequence of severe illness, the parties agreed that the said William Beckwith should be discharged from further attendance ; and that a new Juror should be ballotted for and sworn to serve as a Juror along with other Jurors already sworn in this cause; the same is therefore ao ordered and ruled accordingly, Charles Hope.

At an adjourned Common Law Court holden at Castle Rushen, 23rd January, 1857. The names of the Jurors sworn to try the issue between the parties — William Jacob Lewin, of the parish of Conchan ; Robert Fargher, of Douglas; Frederick Bayley Walker, of the parish of Conchan; Archibald Clarke, of Douglas; Robert Roskell of Douglas ; William Dalrymple, of the parish of Braddan ;
which Jurors upon their oaths, say that they dismiss this Action with costs. As witness their subscriptions,

Robt. Jacob Lewis. Robert Fargher. F. B. Walker. -

The said Jurors delivered this their Archibald Clarke. to me, Ropert Roskell. Charles Hope. Wm. Dalrymple.

Know all men by these presents, that James Cowin, one of the Plaintiffs in the foregoing declaration, named for himself and on behalf of his copartner, George Goldsmith, the other Plaintiff in the said declaration named, and William Kelly, of the Strang, in Braddan, and Robert Goldsmith, of Ballaughton Mills, as sureties for the said Plaintiffs, are held and firmly bound unto our Sovereign Lady the Queen, in the penal sum of Fifteen pounds sterling ; to the payment whereof well and truly to be made unto our said Lady the Queen, Her heirs, successors, or certain attorney, they bind and oblige themselves, their heirs, executors, and administrators, jointly and severally, firmly by these presents. As witness their subscriptions this 31st day of January, 1857.

Whereas the said Plaintiffs feel themselves aggrieved by the foregoing verdict or dismissal, bearing date the 28rd January, 1857, and are, therefore, desirous to traverse or appeal therefrom to the Honourable the House of Keys, according to Law. Now, the condition of the foregoing bond or obligation is such that the said Appellants shall and will prosecute this traverse or Appeal with effect before the said House of Keys; and in case the same shall be dismissed, or not prosecuted, and the said verdict or dismissal affirmed, that they shall and will pay all such costs as may be awarded against them in the premises; then the foregoing bond or obligation to be void; otherwise to be and remain in full force and virtue. James Cowin. Wm Kelly. Robert Goldsmith. Witnessed by James Kewley.