Hill

Heydenfeldt, J., concurred.

This was an action brought before a Justice of the Peace, for damages arising from injuries alleged to have been inflicted by the defendants upon the plaintiff, by the partial destruction of mining ditches belonging to the plaintiff, and the wrongful diversion of water into ditches belonging to the defendants. The only question which seems to be raised by the record, is whether a Justice of the Peace has jurisdiction of such a cause, where the injury is to other than personal property.

The jurisdiction of Justices of the Peace in this State, embraces actions for damages for taking, detaining, and injuring personal property; and actions for the recovery of personal property, where the value of the property does not exceed the limit to which the Court is confined in the exercise of its jurisdiction. Where there is a right to the use of water for mining purposes, and the appropriation of it, a *446 diversion of the stream could not be called an injury to personal prop" erty in the meaning of the law. It seems to me clear, that whilst the Legislature has conferred upon Justices of the Peace, jurisdiction of an action to determine the right to mining…