WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XV, Issue 1836, 24 June 1874, Page 2

WARDEN'S COURT, AHAURA.

Fjriday, June 19.

(Before Mr Warden Whitefoord.)

Frank Rielly and party applied for a certificate of registration for an abandoned tail-race, situated at No. 3 Creek, Nelson Creek district.

The application was opposed first by Mr George Willis, the overseer of works of the Ahaura Road Board, on the ground that the tailings coming down the race, if the applicants were allowed to use it, would cause an obstruction to the water flowing down the creek, backing it up and flooding a recognised track, on making which the Road Board had already spent some money. Mr Willis aaid he did not wish to throw impediments in the way of the applicants carrying on their operations, and he would suggest that if they made a way to run their tailings into No. 1 Creek, they would not injure or interfere with any track.

The application was also objected to by Mr M. Roche, one of the contractors for making the Hochstetter and Nelson Creek Water-race, for the reason that the track Mr Willis alluded to as being in danger of being swamped by the debris from the claim of the applicants, was a portion of one his firm were making to convey stores and material to their works on the upper sections of the race.

Mr J. Allen, one of the applicants, denied that the track alluded to was considered a recognised bye -way. It was generally covered with water, and was only clear after a flood, when the accumulated heaps of tailings were levelled. A trifling sum would make a road over the terraces, which would always be available, and would have to be done eventually. His company had been nearly three years working in undisturbed possession of their claim and other rights, and had made an expenditure of LIOOO in preparing to work the ground the tail-race they applied for would drain.

Mr Willis said he had, with Mr Roche, made a close examination of the locality, and he estimated that if the applicants were permitted to stop the natural highway it would take L3OO to make another road.

Mr Allen said that if his party had to go further back to work on ground to which they had an undisputed registered right, the objectors would be placed at a greater disadvantage, as far as keeping any track they might make clear of tailings.

The Warden said he would adjourn the application until he visited and examined area of auriferous ground, and also for permission to make a branch head-race, but as the value of these rights would depend upon the success of the first application, all three would be decided at the same time.

Two applications for gold-mining leases ,were postponed for one week.

The applications of William Holgate and party, James Smith and party, and Joseph Brown and party, were granted. The Court was then adjourned for one week.