WARDEN’S C0URT.

Cromwell Argus, Volume XVII, Issue 835, 14 April 1885, Page 3

WARDEN’S COURT.

(Before J. S. Hickson, Esq., Warden.) Friday, April 10th. COMPLAINT. Henry Tobin v. John Anderson—Application that the defendant’s water race held under renewal license No. 12823, of 11th May, 1884, may be declared forfeited and the said license cancelled on account of the said water race having been entirely unused without protection for more than the space of one calendar month. Mr Turton appeared for complainant and Mr Wilson for defendant, who stated that his client had unknowingly neglected to renew his right, but asked that His Worship might inflict a penalty in lieu of forfeiture. This course was objected to by complainant’s counsel; but His Worship, in giving judgment, said that he was at all times unwilling to cancel rights already granted when any other course was open to him, especially when as in the present case it seemed to be an oversight on the part of defendant neglecting to renew his water race license. Judgment would be for complainant with costs 30s, and solicitor’s fee £3 3s. Defendant would be fined £5 in lieu of forfeiture, under section 115 of the Goldfields’ Act, 1866. Complainant’s expenses, viz., £3, to be paid out of tine. Applications. Protections.—T. Donnolly and A. Aitken, Pipeclay Terrace; SmythM‘Lellandandanother, Bald Hill Flat; E. A. Cogan, Water race No. 409, Nevis ; E. A. Cogan, Water race No. 3592, Nevis. —Granted, Extended Claims.—J. Pana, Criffel Peak ; W. Radford and another, Garrick Range.— Granted. Neil M‘Lelland, Quartzville Terrace. —Adjourned till 17th. Surrender of Certificates. —Neil M'Lclland, Extended Claim No. 26548 ; J, JV! ‘Elligot, Extended Claim No. 26645.—Cancelled. Cancellation of special claim, certificate No. 16216.—D. MacKellar.—Forwarded and recommended for cancellation. Chas. M‘Gregor and two others applied for refund of survey fees.—Forwarded to Commissioner of Grown Lands. Agricultural Lease (renewal ) —J. Poison, section 5 block m,, Tarras.—Adjourned till next Court day, fourteen days not having expired for advertisement. Goldmininiug Lease.—Vincent Pyke and Jas. Harold, Bendigo Creek. —Adjourned for survey and report. License to Search.—George Watson, upper portion of Bendigo Creek.—Forwarded to Commissioner of Crown Lands but not recommended. Special Site.—Chas. Ray, Pipeclay Gully.— Granted. Water Races.—Archibald Blue and another, Smith’s Gully—adjourned to next court day ; —Joseph Pana, Mt. Pisa and Damper Creeks—granted. Tunnel.—The New Cromwell Mining Company Limited.—Adjourned sine die.