WARDEN'S COURT, GREYMOUTH.

Grey River Argus, Volume LVII, Issue 10520, 28 January 1903, Page 4

WARDEN'S COURT, GREYMOUTH.

(o) (Before R S Hawkins, Esq, Warden.) Monday, 26th Jahuary 1903. John Sweeney, who was represented by Mr Guinness, applied for an extended claim, which was objected to by Mr Doogan on behalf of Harris and party, who claimed a tail race right through the ground applied for. Objectors stated that an arrangement had be .n agreed to, the case be adjourned until , next Court daj* to enquire into the existence of the right ; but this was denied by the applicant, who stated that a tail race right was granted te objectors in 1897, but was never lilted by them and was therefore not in existence His Worship held objectors had no locus standi, and granted the applicatien. Timothy Crome, timber splitting warrant, Crooked Creek, (Doogan). Granted. Patrick Mullaney, timber splitting warrant, Crooked river (Doogan). Granted. Thomas Graham, residence site, Cobden. Granted. Nils Mortensen, prospecting license 5 acres, Deep Creek. Granted. Edmund Wickes, prospecting license 100 acres, Kotuku (Coate .). Granted. J A Hi.lie*, residence site, Omoto Boad. Mr Guinness for applicant, Mr Joyce for Fitzgerald and Hill, objectors. In this case, which h<d been adjourned for evidence as to the land applied for being a road reserve, Mr Joyce read a letter from the Westland Land Board, stating that the application had already been refused by tbem on the ground that the land was a road reserve and required a frontage to the freehold sections of the objectors. Mr Guinness contended that the application should bo granted, but His Worship said that in view of the Board's letter he had no other course but to refuse the application, with 6s court costs and L 2 2s solicitors' fee. Chas. Stuart, residence site one acre, Barrytown. Mr Doogan appeared for the applicant and Mr Guinness for the objector, P Warren. Tiie hearing of the objection was made conditional upon the payment of a guinea, which was duly paid. Mr Guinness produced a tracing from the official survey plan, which showed that the site applied for was partly on road reserve, and al?o that objector's smithy and cowshed were upon it. The map also showed that Mr D Ryall, in whose employ applicant was engaged, had lately secured nine acres of vacant ground adjoining the road reserve for slaughter-house purposes from the Land Board which included all avai'able ground in the present application. After hearing counsel, chiefly on the question of costs, His Worship refused the application with costs L 5 ls Gd. Henry Joseph Wickes, application for residence site of one acr?, being surveyed quarter acre sections 428, 430, 432 and 434, situated within the Borough of Grey mo uth between Karoro railway station and the beach. Mr Guinness appeared in support of the application, which was objected to by Mr Doogan on behalf of the Borough Couucil, on the grounds that the land was required for railway sidings and paddock accommodation in connection wi'h the new abattoir. E I Lord, Town C erk and surveyor, gave evidence in support of objection, being examined at length by Mr Doogan and cross examined by Mr Guinness. Witness stated the land was required for the purposes mentioned and also ihat if granted it would cause severance in the other lands connected v ith the abattoir site and would havo to «ie purchased by the Borough from applicants if granted them. Records of these sections were difficult to obtain but some of them Crown, grafts has issued in 1868, and he thought that. Crown grants had been issued fur all, or else that they had been included in the Midland Railway reserve. In 1881 he had received instructions from tbe Survey Department to lay out the sections within the freehold portion of the Borough. • Mr Guinness strongly contended that the Warden must graut the ap plication. The Borough occupied no better position than a private individual, and unkss it could be shown that the grant wa. detrimental to mining, the Warden had no legal power to ref u-e the application. Mr Doogan contended that undf-r section 21 of the Mining Act, the Warden h id pow.-r to declare that the land should bo reserved in the public interest and asked that this course should be followed. His Worship s .id that he would adjourn the case until it was- ascer•ubx_-_ if the Governor intended to r*. Sm-vo the land. ", Guinness said he would prefer the a «,lication being dismissed so that "°^ui(j appeal to the Supreme ..■Court. \ vv

His Worship — Very well, the application is refused. J T Waite, application for 20 acres coal lease in Btunnerton district. Mr Foot for applicant. Further hearing was by consent adjourned for applicant to gefc a report from the Inspector of Mines on the application. F J Parkinson, application 30 acres of dredging ground adjoining the North Beach Company's property on the sea side of the Limestone range. Mr Doogan appeared for applicant and agreed to further adjournment to obtain the evidence of Mr J D Gillies as to whether tbe ground was contained in the State coal mine reserve. Receiver of Gold Revenue — an action for cancellation of special claim. Judgment was entered by consent of defendant, for whom Mr Guinness appeared.