WARDEN'S COURT, GREYMOUTH.

Grey River Argus, 11 March 1903, Page 4

WARDEN'S COURT, GREYMOUTH.

(Before R S Hawking Esq, Warden.) Monday, March 9th 1903. The following matters were dealfcwith :-- T H Brae-*, prospecting license - '18 acres, Inchbonnie. (Guinness) Granted. Osmond Butler, timber reservation, New River. ( Hannan.) Granted. Gorton and Sheldon, protection mining properties, Langdon's Creek. (Coates.) Granted. Martin and Shaunan, application 14 heads of water, Kaimafc -. (Guinness) 10 heads. Giante?'. John Bane, prospecting license 20 acres, Langdon's Creek. (Coates.) Granted. Same, water* heads, Stoney Creek. (Coates.) Granted. D McKay, residence site, Cobden. Granted. Charles Hayo_, residence si'e, Rutherglen. Granted. Ronald D D McLean, min-i*_l license, 320 acres near Lake Brunner. (Hannan.) Adjourned. David Barnhill, surrender of tunnel, prospecting license, "Maori Creek. Accepted. James Harris, tail race, near Barrytown, (Foot.) Adjourned to 23rd insfc. j DOBSON OIL APPLICATIONS. D H Roberts (six applications,) Arthur G Tomkies, Frank Wills, P Trahey, Tomkies and Williams, and E H Scott, .ach applied for 100 acres of land for oil prospecting purposes on Dobson ftifc. Messrs Guinness and Foot; appeared for the various applicants. His Worship said tliat all applications would have fco be referred to the Harbor Board forfcheir consent, as the lands applied for were parfc of tie Boards endowment. The further hearing of all applications was adjourned for four weeks to allow this to be done. Wifch fche permission of fcbe War Jen, Mr Foot withdrew one application made in the names of Tomkies aud Williams. OPPOSED APPLICATIONS. Osmond Butler, for whom Mr Hannan appeared, applied for two timber reservations, each of 200 acres, in fche New River district. The applications wero opposed by Joseph Jay, who was repres ntpd by MrGuiuness. In giving evidence as to fch- marking oufc, the applicant showed thafc he had not trenched as required by the Act, and His Worship refused the applications wifch four guineas costs to objector's solicitor. CANCELLATION SUIT. Joseph Jay v Ellen Butler. Mr Guinness for plaintiff Mr Hannan for defendant. This was an action for cancellation of a timbor reservation of 100 acres situate jn the New River District, chiefly on fche ground that defendant was nofc the holder of a sawmill license. Mr Hannan argued that; on the statement; of claim as set out in the pleadings thafc the Courb could do no thing. Ib was contended by p'aintiff thab the licenSP /°jr the reservation area had ipso fact?) expired with the surrender of the sawmill license with j which it was attached, therefore if plaintiff's contention was correct, there was no necessity for the present suit. Mr Guinness contended thafc the suit was necessary to cancel the license, otherwise if an application for the same area was made by plaintiff, the existing license would be pufc in as a bar to the grant. A lengthy argument; ensued, the Warden favoring Mr Hannan's view. Mr Guinness insisted that the case should go on and evidence be heard, so that a case on merits as well as law could be stated for an appeal to the Supreme Court. W B Evans, gave evidence thab he bad searched the court records and no sawmill license to which the reservation was attached was sunendered in May 1901, and the renewal of the reservation attached to this license was renewed on the following month. Joseph Jay gave evidence as to the timber areas amounting in all to 800 acres held by Osmond Butler in tlie New River distiict, and said thafc none df fche areas joined the surrendered pawn-ill license holding. Eor the defence Osmond Butler stated thafc rlefendanb was his wife and a partner in the sawmilling business. He gave evidence showing fchat the firm held two sawmill licenses, to which two mills were connected, and they were entitled to twice the area of reservations they were held Mrs Butler gave corroborative evidence. Though the applications and other legal papers and titles were in her name, they were in realifcy fche proper' y of the firm, and were signed by her solicitors on instructions given to them by her husband. H F Doogan, solicitor gave evidence that he prepared on instructions the application for the renewal of the reservation license, but was nofc aware, until the present suit; was instituted thafc the sawmill license to which ifc was attached had been su- rendered. In surrendering the rigut Mr Butler evidently did to in mistake for one of the others; After counsel had addressed fche court His Wor. hip gave judgmeut for defendant wiih two guineas counsel's fee.