The Courts.

Dunstan Times, Issue 1802, 18 December 1896, Page 2

The Courts.

WARDEN'S COURT, ROXBURGH. Friday, Decemjjeb lltb, 1896. (Bpfo:e S. E. M'Caithy, Esq,, 8.M.) MINING PRIVILFGES. J. Nichqkon ai.d others, ordinary dredging claim, Adjourned till January 15th. F. Hitching, water race, adjourned till February • ouit day. Kittoand Pitchers, extended claim. Adjourned till January, B, f?rooks and another, water: race. —Adjourned till January. P. Laffey and, others, water raee, : — Withdrawn, H, Kittoand another, water race. —Granted. H. Kitto and another, dam. — Granted. John Wills, prospecting license.— Withdrawn. Pv. Parker, prospecting area.; — Granted conditionally. R. Michell, extended daiio.,. — Granted. P. Laffey and others, forfeiture of the Koxburgh Amalgamated Co.'s dam at Lake Onslow.—W ithdrawn. J, Mcintosh, water race.—Granted, D. McGregor and others, prospect ing area.—Granted. Otago Gold Dredging Co., extension of time for completion of survey of special claim.—Granted for six months. Teviot Gold Mining Co,, application \o surrender water race license.— Accepted. J. Elliott, application for extention of time for completion of survey of special claim.—Granted for six months. J. Nicholson and others, dredging claim. —Adjourned till January.

Gnnton. Bros., licensed hold lag,— Adjourned, F. Dalziell v, D, Parker and- others, complaint for reinstatement ot water race license, —Adjourned till January. W Waugli v, JKoxburgk. Amalga» mated Mining and sluicing Co., for forfeiture of dam at Lake Onslow- — Withdrawn, with L 3 2s costs against complainant, W. T, IScritjaseour, water race, 50 heads, from the Teviot stream, Mr F. G. Dalziel for applicant.

The objectors were the Roxburgh Amalgamated Company (Mr Macdoriald), J, Ewing (Mr Gilkison), and P. I aifey (Mr Crooke), Mr Macdonald contended that there were some 150 heads granted out of the creek, and to grant another 50 would seriously interfere with the piesent rights. The head of the race applied for was a considerable distance above the head of the Amalgamated Coy.'s race. The first application was not signed, and had the wrong court clay <>n it—lßlh December instead of, 11th December. Mr Macdqnald held that the court could not, therefore, hear it, aud that no adjournment would rectify it ;. that (he applicant was cognisant of, the first' application not giving 30 days notice, and a, second application had been taken out | iot the same thing. Mr Crooko called Mr, H, Parle, licensed surveyor, to. show that the race had not been, marked out accord, ing to the regulations, Mr Park said that he fbtmd the he«d pea- with difficulty, and after taking the levels for a mile or more could find no marks of any kind to indicate that the race had been marked cut. Mr Peters, manager of the Poxburgh Amalgamated Coy, produced a certificate cf ownership of dam. Hi 3

evidence showed that without the dam the average natural supply in the creek was between 30 and 40 heads, and in dry teacher less. If it were not for the dam, he would often have to stop work for weeks at a time. There was not sufficient water to allow of another 50 heads being granted. Ooss examined, Mr Peters said that 30ft, or even 50ft, could be added to the wall without danger. He thought that 10ft more on the watt would give Mr Scrimgeour 50 heads. 15, Cockburn, a director of the Company, said that there was more water coming out of the darn than there was going in, He had seen no marks or pegs of race for two and a* half miles from head of race. He had no difficulty in finding Lafley and Party's pegs. Mr Gilkison showed that in 1893 an aptjlipatiqn by Mr Bedford Hutlor for a wataivrace had beeu adjourned sine dlii W some arrangement to be made with the owners of the dam as to the wall.

Ihi s concluded the evidence for the obj cSi r a .Mr IScrJDigconr was thon put in the box and mined by Mr MacDonald and Mr Crooke. He said that he had commenced marking out (hH race about a week before the date of the application, and was assisted by his overseer, Mr 6. Barclay. He had used several hundred pegs, all of the require:], size. Where impossible to put pegs, lie put piles of stones or broad arrows marked in white paint. The distance between the various marks was on the average 200 yds, All the pegs were put in before he applied, Mr cfcrimgeour was also questioned a* to the reasons of the difference of the dates on tha two applications. His Worship said he would not grant the application unless there was some agreement about raisins; the wall ot the dam, and with the consent of the Amalgamated Company. If it were granted, there would be a. condition that the race would be liable to forfeiture if previous, and prior rights were infringed. The cat>e would be adjourned till the February Court day, without any prejudice to legal points.