Warden’s Court.

Cromwell Argus, Volume LXIII, Issue 3250, 13 February 1933, Page 5

Warden’s Court.

(Before Warden 11. J. Dixon.) The following applications for ordinary prospecting licenses were recommended; —R.-_ E, S. Short, J. D. Stewart, K. G. Lomax and Party, D. B. Murray, M. Ritchie, J. Cooksey. C. T. 11. Bowie, A. McLean, J. W. Ovens, G. McKnight, W. J. O'Connor and 11. Kirby, L. and T. Caiman, J. T. Wheeler, J. C. McLeod, F,. M. Gibson, G;. \. Baker, Frank Austin, W. J. Saltou, C. C. Codings, P. McNeil, L. G. McLeod. E, J. Mitchell. W. Murray, K. \. Baker, E. Hotting, W. 11. Gibson, F. A. Fulton, Ivan Hotting, and R. Parks. Jas. Holt; Application for a certifi--'i|ate t:f protection.—Granted. (JC. W. A. Banks; Application for aspecial claim.—Withdrawn. The following applications for ordinary prospecting licenses were adjourned to Bth March; H. Felton, --\f. E. Bates, A. 11. Horn, Reynolds Driver, j. D. Parsons, R. O'Brien, Jno. Wilson, S. C. Fache and R. Stacpoole, R. J. Kingsland, A. Dewar, S.* Roberts, C. Ballingal, E. L. Davidson, and J. A. Gordon. Williams and Johnstone: Application for a water race.—GrantedC. C. Reid; Application for a water race.—Granted. F. G. Hyde; Application fora water race.—Granted. The following applications for ordin-, ary prospecting licenses were withdrawn;—R. O'Brien, W. H. Keats, ’McCrosti.| and Scott, R. W. Scott (with costs 13s 6d), S. Roberts (wjith costs 4s 6d). Brown and Pyle; Application for an ordinary prospecting licenses.—Struck? out with 13s 6d costs to the objector, C. C. Codings. G. Stumbles and J. J. McEdigott: I Application for an ordinary prospecting license.—Struck out* with costs £1 4s to the objector, Development ‘Company.

W ; . Kaiii: Application for a coal lease.—Adjourned. Jas. Tait: Application for an oidinary prospecting license. Objected to by the Vincent Mining Executive who asked for an adjournment of one month. Mr Sunderland, fori applicant, objected to this as the man had his application in for some time and was a genuine miner waiting to start work. Other areas around this hajd been granted and why should this mam be penalised.—Adjourned to Bth March.

A. Bell: Application for an ordinary prospecting license. Mr Purcell, for applicant, asked for an adj.nirmm.nt for two iflbnfhs. Mr Jamieson (for Trank Phtton) objected as his applicant was prior and asked for reasonable costs.—Adjourned to sth April, with costs £1 4s to the t Ejector. E. T. Giddens and Geo. Frye; Ap J plication for an ordinary prospecting license. —Recommended for consent, subject to conditions filed and excluding that portion applied by A. Dewar. £lO to be deposited with the Mining Registrar. Mr J. P. Ward, on behalf of the Cromwell Development Company, stated that the Company did not wish 'to make one penny out of the, miners "but onlv that the Company’s rights should lie preserved and that sufficient security should be forthcoming to leave the ground in its natural state. They were asking in all cases that applicants deposit a sum of money. The Company did not wish to accept personal bonds but wished - for a cash deposit. The Warden that the question of security would be arranged before the grant was made, and also further intimated that he may set a special court day for the hearing of these applications. Mr Ward fin the' - asked that conditions he put on to thq effect that no shafts he sunk on any surveyed irrigation routes. Too Warden considered that certain sections of? the Mining Act covered these matters. With respect to claims on the Santa block Mr Ward stated that the Company had now sold 100 acres of this land to a new Company which was now vigorously prospecting the area and would seek the protection of the Mining Act to debar persons from entering. One hundred acres had been sold to Sarita Development Company, Limited, and this Company was now prospecting. Speaking on I ehalf of the new Company, he could say the property would he genuinely prospected and thev were not interested in anv wild cat schemes.

This Company takes in all of Roll and Hoopers’ and Rell and Kilgour’s second applications. The following applications lor orclin- , ary prospecting lipensps were recommended}. for consent, ampuiit of security to be fixed before granting; Jno. Mosley, Executrix James Horn and Jno. Mosley Executrix Jus. Horn, R. H. Thomas, F. G. Fitzgerald, T. Ryrnes. D. E. Nicol, Wm. Webb, Win. Campbell. [. S. Wright, E. A. "Cowey, Jno. I. Wright, Rasil Cox, W. Webb and Samuel Fletcher, Wm. Wright. Wm. Hooper and Party, R. A. Rramiey and Party, J, W. Gibson', McCrostie and Scott, Manson and 'Munro, G. B. Mcl.achian, Mabel E, Campbell, Win. Kilgcur. R. Thompson, Chns. R. Hughes, J. Bell and \V. Mitchell, Jno. Mclntosh, G. J. Rattray, R. Orr. Wm. McFelin, Jessie Elizabeth Austin. Wm. lan Campbell, Rosiini Minnie Bell. Win. Campbell, Tvl. A. de Rettencor. 1. D. Trevathan, *E. F. Shi els and Party, R. W. Scott, G. C. W'rvihtson. ,N. D. McLeod, F. ‘Highley and 1. McDonald, and Frank 'Patton.

R. Toms; Application for a water race. O Ideated to by Kouultl Parks.

Parks and Toms had agreed to go in partnership in respect to the water “put a little later on Toms, who is an older man. refused to recognise Parks. Parks TiacT made out the original application and paid half the costs. Tho water would not ho any use (counsel for Parks contended) to Toms as it was four miles to his claim hut it would lie of use to Parks whose claim was , onlv about two miles from the intake.

Objector (Parks) said'Toms and h« were in partnership hut experienced difficultv owing to lack* of water. Tomthen said about bringing in an e race and asked him what he thoue-Kt but he did not like the idea as the amount of water did not warrant -* ■» work. lie agreed to bring in the old race provided he could peg- off the. claim higher up the river and b« allowed to work his claim as the wPter goff tliere. Toms ancThe put in the anplioation together and h<* pa iff half (he cost. Tie then put in abonl six .weeks-’ work en the race. The lob was ronghlv dune a»ui Tams worked with him all the time. TCfter the race was

constructed fib (Toms) failed to keep Ins agreement with him in respect to letting water down to Ms claim. Did not consider the water could lie got to Toms’ claim, and could not wor* an* longer with a man who made- such mistakes. Was impossible to work his own claim without water. Cross-examined, lie said he came w this district* in September. Had no experience in mining until he came here. Joined Toms almost immediately and worked with him for four or five months. Could not say if Toms, was an experienced miner. Did not consider he had a share in Toms’ claim since lie dissolved partnership.

Richard Toms said he had been mining for 35 years. Had taken up a claim up the gorge six or eight months ago. Worked it on his own for tour months and then gave Parks the opportunity of working with him on naif shares. They went up and Icol’ed at the water race as they wanted water for his claim. They then pegged the race off to his claim. At the start there was no intention of joining with Parks in putting the water on Parks claim. Saw only one of Parks’ pegs on the race at the head of it. Parks’ area was straight below the race about i\ quarter of a mile. "Ne\er had anv definite) agreement that this water was to serve Parks’ claim.

Cross-examined, he said they had discussed the matter of water on Perks claim and said that it might be a g-o-l idea. This was after he applied. Owing to the present dry conditions it was not possible to cot the water elewn to his claim. Ciiioss there was lain the right would be or no use to hnn. It was quite a simple matter for it to reach and drop down to Parks’ claim. "Parks paid half the application for the water right. He had no objection to Parks having portion of the wafoi. The Warden said that on the evidence there was an agreemc.it between the parties that Parks should eet the water on his claim. Parks a ppli~ation was withdrawn and Toms was granted, conditionally that Ronald Parks haVe 3-i days water a week.

Valentine Mitdie.il; Application for an ordinary prospecting license. Objected to by the Cromwell Development Company and A. Dewar.—Mr Ward said that in regard In Dewar’s application it was a point of extreme cleverness as Dewar had stood on the road and pegged off 100 acres without entering the Company’s land, lie was not concerned with Dewar’s application more than any other only he would like to congratulate Mr Dewar on the thought that came to him. The Warden > “Do ■, on think he is the person to be congratulated,” Continuing, Mr Ward said that as far as Mitchell’s application was concerned he had entered and pegged on private lands without permission. P. R. Sargood, called by applicant’s (V. Mitchell) counsel, said he was veiy largely conversant wit.i the affairs (f the Development Company sine • its inception. Was aware of the title under which the Sarita block was held. Was aware there was a provisional register in the name of the Cromwell Development Company. As far as he knew a provisional certificate had not been issued to the Company. Had been concerned in signing transfers of Company land to purchasers. Had not produced the provisional title durhis operations. Had had the contents of the provisional register brought to his notice. Had never 'caken any steps to have it set aside. He believed there was a condition on it relating to mining*. He Intel never seen it.

Examined, he said that when the Company sold a block of land the purchaser was issued a new title. A sample of title issued was presented to the court. 'Mr Parcel! gave evidence as to searching the register with respect to tile Company’s title. Cross-examined hy Mr Ward he would not say/ whether the word “title” occurred or not. He could not swear that it did appear. The term “title” was used in the profession generally, To the Warden; He thought the document was signed hy the Commissioner of Crown Lands. Valentine Mitchell gave formal evit> deuce as to peggfng off the area in question. Cross-examined, he thought it over and decided to go on with his application. Was quite prepared to pay reasonable compensation. Realised he ought to. After lengthy legal argument the Warden reserved his decision. W illiams and Johnston ; Application for a prospecting license at Nevis. Objected to by Mr W. Kain. Counsel for objector pointed out that this was part of his very limited area of low country which was essential and very necessary fer his winter feed. The Warden remarked that it was unfortunate for ohiector but the land was in a mining area in a mining district. — Adjourned to Sth March.