WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XIV, Issue 1709, 26 January 1874, Page 2

WARDEN'S COURT, AHAURA.

(Before Mr Warden Whitefoord,) j Friday, January 24. \. Edward Walsh and party y. J. M'Kinnin and party. — The_ complaint set forth that the complainants are the holders of a tunnel at Owen's Look-out, Nelson Creek, and that t frbm. the 12th to the 14th J anuary the defendants were removing soil adjacent to the said tunnel, whereby its safety was endangered. The plaintiffs hold the prospecting claim at the Look-out, and they. worked for some time at the side of the claim in which the tunnel mentioned is .situated. The defendants recencly occupied a claim, or some spare ground, adjoining to tunnel, their object being to remove the wall, which the by-Jaws direct shall be left on each side of every tunnel. The plaintiffs moreover contended that the ground or 'a portion of it, marked out by the defendants, was within their claim, and had been pegged off by them, but that the pegs had been accidentally shifted. The plaintiffs also stated that if the defendants were allowed to remove the wall, tlie safety of their claim would not only be : jeopardised, but that there was great danger of the whole face of the range slipping away, with a probability that lifp would be lost. The defence was that the defendants were in legal possession, as they had marked out the ground before the plaintiffs, or that plaintiffs had abandoned the ground, and then the defendants took it up, and that the working df the ground would not endanger th|e workings of the plaintiffs, who could takje out the remaining portion of their ground by changing their mode of workingj and that there was cot the most remote danger that the mountain would fall ih consequence of the actions of either party!. A number of witnesses was called on either side as to the shifting of the pegsj, and the safety of the ground, with the particulars of an accident to some of the workings, aud the priority of occupation. Plans, clearly showing the position df both claims, and the direction of the drives, «fee, were put in, but the whole dispute resolved itself at last iuto a question of title to about 6ft of ground along the gutter. The Warden, in giving judgment, said the complainants had established the first part of their case, as far as concerned the illegality of interfering with the walls of the tunnels, unless with the permission of the Court. From his knowledge of the nature of the country in which the tunnel was : situated, he knew that it would be dangerous to leave the qntside ground standing entirely .upon tim.ber, whi}e work had to b.e carried on inside and away from the face. The removal of the ground in dispute at present would endanger the lives of the workmen in the complainants' claim, and ' would riot be permitted. On this count therefore a verdict would be for the plaintiffs with costs of Court. With respect to the dispute about the pegs the Court had over and over again cautioned owners of ground in every description of mining, that their principal duty was to maintain the pegs of thejr claim, as their maintenance Was the first step towards preventing litigation. Those who neglected this precaution must abide by it, and the plaintiffs in the present instance must suffer for their negligence, intentional or otherwise, by losing their title to the ground claimed by the defendants. The defendants would retain the ground in dispute, but th,ey would not be allowed to mine in it, until the claim of ; the plaintiffs was wrought out, or- until such time aswork could bo safely carried on,. No costs. Mr Staite for the defendants. The ; following, applications were granted :— John Begin, a certificate for a head race, or dam, at Maori Creek, Moonlight Point, Antonio's Flat, Little Grey. —Charles Carson, a frontage gully claim, at the second right fork, Noble's Creek.— Alexander M'Donald, protection for one month fora claim ; head and tail race at Orwell Creek ; reason, scarcity of water.— Lesk, M'Nair, and party, for a dam site, 40 x 40ft. square, at Topsy Creek. — The application of H. Peterson for 100 x 350 ft. of ground at Mabille, was postponed. : The Court, wss adjourned to the 30th January.