WARDEN’S COURT

Grey River Argus, 14 June 1933, Page 8

WARDEN’S COURT

YESTERDAY’S SITTING. The Warden, Mr AV. Meldrum, dealt with the following applications at a sitting of the Warden’s Court at Greymouth yesterday:— Grey District. Maurice Moore, ordinary prospecting license, 100 acres, Block 5, Mawhera,nui S.D. —Granted, subject to State Forestry conditions. John Henry Stokes, water race, 40 chains, Block 4, Waimea S.D., 3 heads, 21 years.—Leave given to withdraw. N.Z. Flax Investments Ltd., certificate of protection, water race license No. 69/31. —Recommended. George Jack, ordinary prospecting license, 10 acres, Block 2, Brunner S.D,—Granted subject to State Forestry conditions. William Smith James, extended alluvial claim, 3 acres 2 sq. chains, Block 16, Greymouth S.D. —Granted. The Golden Coast Mining Company Ltd., extended alluvial claim, 3.2 acres, Block 2, To Miko S.D., 10 years.— Granted. Albert David Price and Albert Charles Honey, water race, J 7 chains, Block 2, Hohonu S.D., 4 heads, 21 years.—Granted subject to Forestry conditions. Daniel Nestor and William Thomas, ordinary prospecting license, 34 acres, Block 3, Hohonu S.D.—Granted. George Robert Pride, special sea beach claim, 3 acres, Block 11, Te Miko S.D., 1 year.—Granted subject to existing rights and Marine Department conditions.

Erimino Rubbo, special sea beach claim, 7 square chains, Block 1, Cobden S.D., 5 years. —Granted subject to existing rights and ’Marine Department conditions. AV. L. Price and party, ordinary prospecting license, 99 acres, Block 2, Hohonu S.D. —Granted subject Io State Forestry conditions. James Leonard Bourkcy, Joseph Rudhall senr., and Roy Sparks, special alluvial claim, 6.6 acres, and water race, 90 chains, Block 2, Cobden S.D. — Leave given to withdraw. Melville Cecil llollings and William Shields, dam license, Block 2, Hohonu S.D., JO years.—Granted subject to State Forestry conditions.

AVilliam Thomas Ogilvie, tramway, 31 miles, Cobden S.D., 21 years. —Recommended exclusive of State Coal Reserves and subject to consent by Grey County Council as per a-mended description. John Smeaton, water race, Block 1, Cobden S.D., G heads, JO years.— Granted exclusive of area in State coal Ahaura District. Brian Born Gold Dredging Co. Ltd., reduction of rent on special claim No. 7S6G. —Leave given to withdraw. Gustav Hahn, ordinary prospecting license, 100 acres, Block 1. Ahaura S.D.; and Block 4, Mawheranui S.D. — Granted subject to existing rights. James Henry Charles Roberts, special site, two acres, Block 2, Mawheranui S.D.—Granted as amended and subject to State Forestry conditions. Janies Ilaisty, water race, 12 chains, Block 14, AVaiwhero S.D., 10 heads. 21 years.—Granted for two yea.rs sub- ( joet to State Forestry conditions. Walter Thompson, ordinary prospecting license, 7 acres, Block 2. Mawheranui S.D. —-Granted. OBJECTION FAILS. Melville Cecil Hollings, and William Shields, applied for a water race of 14 chains, Block 2, Hononu S.D. 2 heads, 21 years. The application was objected to by Albert David Price and Albert Charles Honey. Air A. AL Jamieson appeared for applicants. Air T. F. Brosnan for the objectors. The objectors contended that the race had not been properly marked out. and that no trenches had been cut. Air Brosnan quoted authorities, and submitted it was clear that there must be some attempt at marking out. Albert David J'rice, miner, of Pa* roa, stated that he made an applica" tion for a watei*race. After coir siderable difficulty, he located the second peg. 'To Air Jamieson lie admitted that he had been using water from a point of intake which was not the point for which he had obtained the license. Albert Charles Honey, miner, of Pa’ roa, gave corroborative evidence.

Air Jamieson said it was admitted that the applicants had not done their markin£,“out strictly in accordance with the provisions of the Alining Act. They put in substantial pegs at the point of intake and the terminal point, but, owing to the nature of the ground, no trenches were made. How* ever, the track between the two pegs was blazed. Anyone with' any ex* perience, reading the application post' rd on the pegs, could follow the course of the race quite distinctly. Auth* ority was given by the Act., for the direction to bp blazed where country was not suitable for trenches, and discretion was given to the AVarden 1o decide such matters. Alelville Cecil Hollings stated that the ground was swa.mpy. and not suitable for trenching. Tie indicated the course of the race by means of blazing and arrow*marking. AH told there were nine indication marks on the course of the race, which was one and a"lialf chains long. The indication marks were quite clear, but per. haps Price and Honey did not want to see thorn. The blazing was carried out on Afay 5. Linwood Hollings stated that he accompanied his son to the site on May 22, and the markings wore then quite dear. Air Brosnan was j ermitted to call a further witness, who would say that the indications mentioned were not there on Afay 22, Gerald Joyce, law clerk, said that, when he visited the site with Price and Honey on the afternoon of Afay 22. ho could not see any signs of blazes or other markings between the pegs. To Atr Jamieson: He went out to see whether the marking*out had been done properly. He saw nothing except the two pegs, with the notices posted on them.

The AVarden said that the objection was entirely one as to whether the race had been marked out in accordance with the requirements of the Alining Act. There appeared to bo some doubt about the blazing, but there was direct evidence that, the blazing was done, and that the ob jeetors had no difficulty in tracing the line from the point of intake to (he terminal point. The whole distance was only about 30 yards, and it was clear enough that they could not possibly have been misled as to the direction of the race. In his opinion, there had been a sufficient , compliance to avoid anything in the way of misleading others who wanted the race, and therefore he- could not. sustain the objection. The application was granted, sub ject to Forestry conditions.

Solicitor’s fee £2/2/0 was allowed to plaintiff and Holling Sejir. was allowed £1 witnesses’ expenses Question of Pegging Priority OBJECTION UPHELD. John Henry Stokes applied for a special alluvial claim over seven acres 32 perches, Block 4, AVaimea S.D., 21 vears. The application was objected to by Arthur Lenz and Cuthbert Cartwright. John Heury Stokes also applied tor a water race license, of 40 chains, in Block 4. AVaimea' S.D., three heads, 21 years. The application was objected to by Arthur Lenz and Cuthbert. Cart wright. Arthur Lenz and Cuthbert. Cartwright, applied for an extended alluvial claim over 4 acres. Block 4, AVaimea S.D., one year The application was objected to by John Henry Stokes and Henry ATcGrath. Arthur Lenz ami Cuthbert Cartwright, also applied for a water race license, over 40 chains, Block 4, AVaimea, S.D., 3 heads, 5 years. The application was objected to by John Henry Stokes. Air A AT. Jamieson rep'resonted Stokes, and Air J. AV. Hannan appeared for Lenz and Cartwright. On the application of Air Hannan, all witnesses wore ordered out of Court. Lf'O Stokes, said that on Afay 22,

he was engaged in pegging a water race with his father and a Air Alexander, commencing at 2.30 p.m. They put in three pegs and the*, application on the post. They had finished pegging when they camo on toi Air Cartwright •who was putting in a peg. Air Cartwright, said, “I see you have your pegs in. but no papers on them.” Witness reiterated that the papcr s were on the pegs. He knew where Cartwright and Lenz’s claim was situated, and the claim was not pegged out on Alay 22. To Air Hannan: He thought his father had pegged the water race previously. His father's previous pegs were there James Alexander gave corroborative evidence. John Henry Stokes, said he first pegged the raeo on Afay 9, but in connection with the application before the Court he pegged it on May 22. AVitness did not put any application forms on .the pegs on Alay 22. lh* had since that date seen Cartwright and I.enz’s pegs. Leslie Stokes, son of John Henry Stokes, said that on AVednesday’, Alay 24, about 9 a.m. he saw Lenz and Cartwright digging a trench and cutting a peg for their claim. This concluded the case for the applicant and Air Hannan then called e vid once. Arthur Lenz said the pegs put in on Alay 24 were in addition to the pegs put in by witness on Alay 19. Witness commenced pegging the water race at 12.30 p.m. on Alay 22. Th<*ir pegging had finished when they met, Stokes and Alexander. None of Stoke’s pegs had been put in when witness fiiiishol pegging. Cuthbert Cartwright gave corroborative evidence. Air Jamieson said the other lino of objection was that it was private land, the title being under a registered license by Henry AfcGrath. which was produced. Tho AVarden said (hat on the evidence he must hold that Lenz and Cartwright had the right, of first application for the claim. They pegged it out on Alay 19 at 5 p.m. and put in their application on Alay 20. AVith the other application it was marked out on May 22 and the application put in on Alay 23. In that regard Cartwright and Lenz held priority and had it prop'erlv marked out. On the other point the area was on land included in a registered license and there was an objection by Ilfniry AfcGrath against Cartwright and Lenz being granted the claim, as they had not secured the consent of the AVarden tO' enter upon the land to mark out. Ho was satisfied as far as the marking out was concerned, but as to whether Lenz and Cartwright had been entitled to mark out the area -without consent rested with the AVarden. Air Jamieson quoted a ease in sup- | port of his client. Afr Hannan pointed out that Stoke’s pegging was faulty and could not stand. The AVarden reserved his judgment on the point as to whether the consent of the AVarden was necessary for Lenz and Cartwright to have entered upon the land AVATER RACE DISPUTE. AVilJitun Perry Mayne and Richard George Seddon Afayne, applied for a ■water race license of 70 chains, Block 4, AVaimea S D., throe heads, 21 years. The application was objected to by John Colin Bruce Coulson and Colin Bruce Coulson. Afr J. AV. Hannan appeared for the applicants and Afr T. F. Brosnan for the objectors. Air Brosnan said that the point was that the provisions of the Alining Act with regard to marking out had not been complied with. There were uo pegs, no trenching, no finger-posts, or any other means specified. He called evidence.

J. C. B. Coulson, of Paroa, said the Mayne Bros.’ application was attached to a growing tree nt the point of intake. There were no trenches or finger posts. He knew the applicants had been using an old race for some months past. Colin Bruce Coulson, corroborated the evidence-of his father. Air Hannan said it was admitted that the water race was not trenched, but was pegged. Applicant started on the unemployment subsidy and then his brother came in with him and they had done a lot of dead work during the past, three months. They were totally dependent on mining. William Perry Mayne, said the water race was an old disused one and Mr Coulson had the same* opportunity of cleaning it out ns witness did. It had lain idle for fifteen years They were using the water from the race on pieir claim. Ho treated the race as a trench as it had been newly cleaned out. He could see along the race from one end to the other. A tree* stump was used as a peg at the intake.

"Richard Mayne corroborated his brother’s evidence- but stated there- was no troe used for a peg at the intake. Mr Brosnan was permitted to call further evidence regarding the tree used for a peg. Albert Price, said that on June 7 ho saw the peg at the point of intake and it was still growing in the ground. The paper had even been fixed to the tree. Albert Charles Honey and Corrie Coulson gave similar evidence. They did not sc<e any pegs along the race, whilst sapling’s at both ends of the race with the tops chopped off were vised to attach the papers to. Air Brosnan submitted that the Act must be followed more strictly than it was, as in the case before the Court. The Act was clear in that applicants must put pegs in and it was not for the- Court to assist them. It did not matter if the applicants had been working hard for months The whole point was that there must be some regularity, and if not they were going to have a state of chaos in the industry. In the present case the whole thing was farcical, as a stump of a tree had been designated a pog. Mr Hannan said it was not like a case of marking out land that had not been used for mining previously, but this was an old mining race. Mr Brosnan said it was really a wet weather race and Mayne wanted it for storage, whilst Coulson required it for

pressu re. The Warden said the case was a somewhat difficult one. It was quite clear that the provisions of the Act had not been strictly conformed to. Tho question was whether the peculiar circumstances of the* case and the fact that it was known by the objectors that applicant was using the particular race, had cleaned it out, got it in order, put the application on it, put in an application to the Court, and also put in pegs along the race, amounted to sufficient compliance with the Act. under Section 109 (N.). It was a case in which tho provisions of tho Act should be stretched as far as possible to the applicants. The objector was a farmer in the district and was evidently branching out in a. sideline. The applicants had done a lot of work in cleaning out the race. The question was whether in such a ease a farmer should be allowed to take over the benefit of the work, and the applicants lose their job. Mayne Bros, in this case, should be protected. They were not experienced miners, but were working away and marked the land as they thought sufficiently to conform with the Act. There seemed to be no doubt that the objectors or anyone about could be mistaken for one moment. The race was already formed and had actually been worked by the applicants. Assuming the notices were p'ut On the stumps of trees with the roots in tho ground, instead of a peg, it was of the required height and not meant to deceive. Looking at .what the Warden was supposed to regard in such eases tho spirit of intention was that it indicated beyond any doubt what tho application was for, and it wa s quite clear that the application was for the race. Taking all the circumstances into consideration it was a case where h should stretch the meaning of tho Section as far as it was possible in fav- | our of the applicants. He ruled that ; the provisions of the Act, according to i their spirit of intention had been com- ! plied with and that nobody was do- i ceived or misled. The application would be granted subject to State' Forestry conditions, with £2 2s solicitor’s costs to plaintiffs. Applicants did not apply for witnesses’ expenses.