WARDEN'S COURT.

Inangahua Times, Volume XVI, Issue 301, 21 April 1892, Page 2

WARDEN'S COURT.

[Before Major Keddell, Warden.] Wednesday, 21sfc April, 1892. Applications. John O'Connor. — Residence area. No appearance ; struck out. James Murray. — Residence area. Adjourned to next Court day. Charles Burdett. — Residence area. No appearance ; struck out. Daniel Manning.-— Residence area. Mr McDavifct for applicant ; granted. James Anderson. — Protection for claim ; granted. , Samuel Veale and party.— Tail-race ; granted subject to conditions imposed by the County Council, as the race crossed a public road. Thomas Salter.— Residence area, Progress Road. The land is situated near Forsyth and Masters' powder magazine, and His Worship therefore said he could not see his way to grant the application. Mr North, on behalf of Forsyth and Masters, suggested an adjournment for a fortnight, in which case an arrangement might be arrived at. The applicant consented to ;an adjournment to next Court day. Loughuan and Halley. — Coal-min-ing lease ; adjourned. H. Baiter.— Eesidence area ; refused, applicant being under age. Mace a.id Williamson.— Extended claim, Golden Point ; granted.

Adolph Sleur.— Star Gold Mining Company; granted. ; William Burke and others. — Cancellation of the Reform Gold Mining Cdi Mr Lynch appeared for applicants ; Mr Guinness for defendants. Defendants admitted all that applicants advanced, but contended that a fine would meet the case; Mr Lynch said he would show that the Company allowed their ground to be unworked for two years and their rent to go unpaid for twelve months without a reasonable excuse. The position of the property was such that it could be worked at a moment's notice. This neglect had existed for two years, and in the face of such facts he held that a fine could not meet the case. There were nuniber3 of men in Boatman's quite willing to work the ground if it were thrown open to them. William Burke, miner; was called; He stated that he had resided in Boatman's for the past ten years. He knew the ground well ; no work had been done on it for a little over two years. A shaft was sunk on the property, which he believed was sunk by the Just-in-Time Company; both**, claims were. worked by this shaft. Ho knew of nothing lo prevent worktaing • carried on for the last two yeata ; dv** : ing that time the mine could have be'in worked. The shaft now required bailing ; had the ground been worked the water would not have been suffered to accumulate. If the lease ware cancelled he was prepared to work the ground. The locking up of this claim also retarded work in the South Hopeful, which adjoined. This inina could also be work« 3 from the Reform shaft. By Mr Guinness : Applicants wanted to work the Reform ground, but in the event of the cancellation being granted an agreement might be made with the adjoining companies for the use of the shaft. There were shareholders in other companies in conjunction with him, viz., David Archer, Neils Bollerslere, James Dunnj F. Roger 3, and James Ftynn ; these were all miners. The ground could be worked without the expenditure of a large amount oi capital. He considered they could start on stone straight away after the shaft was bailed. He thought they could get on bailing machinery for about £100. Either water or steam power would have to be resorted to ; could not exaitly estimate the cost of either method. He was not aware that it would be necessary to deepen the shaft to open up another level, or that a level 1600 feet at the bottom of the shaft would have to be driven. He had been down the mine, but Could not say that he had been down to the lowest level. The last man who had worked in the mine had informed him that they could at once work on stone. , r This mas Tvasßoller3leii, who had formerly been a fribuTer in the mine; but" " witness could not say whether he had thrown up the tribute or not. By Mr Lynch : The shaft could be bailed out by a little whim, which could also be used for winding. He believed the mine could be put in full workin ,' order in about a fortnight at the outside. Daved Archer on be'ng called said he was a miner resiling in Boatman's ; had some experience in quartz mining ; knew the ground applied for, and knew the underground workings. If they got the ground they would start work at once on stone frona the surface. The shaft in the Reform lease, which was sunk by the Just-in-Time, was about 200 feet deep. It could be bailed in a day or two. The -e wa3 another shaft from which work could at once be started. 300 or 400 tons of stone had bean taken out of thi3 shaft ; it may have yielded an ouuee per ton, but he knew it went o\?x ten pennyweights. He believed the stone was payable, or he would not be an applicant for cancellation. He did not believe that the Reform had driven 1600 "9 it from the Just-in-Time shaft; perhaps they had driven 800 feet. By Mr Guinness : Witness was one of the six applicants ; he had nothing whatever to do with the South Hopeful. They intended to work the Reform as a party. He was not aware that by working the stone from the surface water would get into the nr'ue and flood the workings ; no more water ould get in than ab pre?ont. W. G. Collings deposed that he was the legal manager of the Reform G.M. Company. He was also one of the lessees holding the lease of the Company. £13 4s 5d had been expended for bailing the shaft within the past six months. The lease had been taken up ten years ; about two years' rent was due. The main shaft wa3 used by both the Reform and Just-in-Time. The Reform had been on tribute within the past two years; during the remainder of that time wages men had been employed ; the full number of men had not been employed;, could not tell how many men without reference to the cashbook. He had only come to Court prepared to only answer questions as to the working of the mine for the past six months. By Mr Guinness: He had been connected with the Company for many years ; it was originally the Imperial, which was applied for in 1882, and reformed into a company called the Reform in 1885. The lleform Company existed at present, because they had made a call during the present month — (laughter). Altogether the Company had expended £9,168 4s lOd, of which sum the Imperial Company had expended £5,022 9s, and the Reform £4,140 15s lOd. The main shaft had been sunk a depth of 200 feet ; frcm that level south a distance of about 800 or 900 feet had been driven; the same distance had been driven north by the Just-in-Time. A higher level had been driven 400 feat

from another shaft sunk by the Imperial. This level had been taken out at a depth of 100 feet. It was considered that all the payable quartz in these levels had been worked out. Before more payable stone could be got the main shaft would have to be deepened at least 150 feet. There was a little quartz on the surface, but td work it would be to endanger the mine by flooding. The last work in the mine had been done on wages by Neils Bollersler. The same man had formerly abandoned a tribute in the mine because it would not pay; he was now one of those interested in the* application. At the last half-yearly meeting in January a resolution was passed to the effect that the Just-in-Time Company be asked about the deepening of the main shaft, but as yet no reply had been received. Witness had spoken to the legal manager of the Justj Mr Wise* but had got no satisfactory reply. Recollected lodging an application on the 15th of March for six months' protection under sec. 6 of the Mines Act of 1879. The notice of cancellation had been served on him subsequently. He had made the application because the Just-in-Time directors had failed to keep an appoint- • meht to meet " the Reform directors to discuss a proposition to amalgamate the two companies, as resolved afc a meeting of the latter company on March 7. A reply had been received on April sth. If the cancellation »vere granted the Just-in-Time would also be affected, seeing that they had borne part of the expense of the main shaft and winding-gear, which amounted to about £8,000. The applicants wanted to secure all this for a 10s miner's right. They had declared no dividends in either company. By Mr Lynch : Witness could not say the amount of expenditure for the past two years ; the bulk of the expenditure was incurred before. He adadmitted that he may have objected to the valuation of the mine. The amount expended did not include the value of the gold obtained, To His Worship : If the mine were worked from the surface the workings not only of the Reform and Just-in-Time, but also the Fiery Cross, would be interfered with owing to the influx of water from the surface. This was the general opinion as also that cf witness. In the agreement with the Just-in-Time Company the Reform Company is restricted from working surface stone. The surface stone had already been tested and had been proved valueless. George Wise : Was the legal manager oi the Juat-in-Time 6.M. Company. Enew the Reform ground ; in his opinion if the surface stone of that Company were worked there would be a large influx of water into the Just-in-Time and Fiery Cross. There was an agreement between the Reform and Just-in-Time debarring the former from working the surface stone. Mr Guinness said that the matter would be finally decided by the Minister of Mines, who would be guided by the Warden's opinion. He trusted His Worship would take into consideration the enormous amount expended, and also the fact that the interests of other mines were concerned. Very few companies on the field adhered rigidly to the labor covenants, and this Company was no exception. Although there was a technical breach of the law, he trusted Hi 3 Worship would recommend the Minister to deal with the matter exactly as he (Mr Guinness) was certain it would be dealt with by Hi? Worship did he possess the judicial authority. Mr Lynch replied to the opposing counsel, after which His Worship said he would, that day fortnight announce the nature of the advice he had given to the Governor in reference to the application.