WARDEN'S COURT.

Lake Wakatip Mail, Volume II, Issue 61, 28 November 1863, Page 5

WARDEN'S COURT.

Before Richmond Beetham, Esq., Warden, and Assessors—Messrs. v Prosser, Marks, Bond, and Lubecki. Doyle & Party v Hf Callum & Party.—Case of Jumping.—Mr Shepherd said he would respectfully ask the Warden to read tke judgment given in the case of Doyle v Glass, as it was of great importance in this case., \ The plaintiff took possession of the ground in January last, and commenced the race in February. The flood that occurrred in July stopped operations, and the claim-holders convened a meeting for the purpose of amalgamating claims, for the purpose : of forming a race. The existing Company was then formed, numbering in'all about fifty persons. The Certificate of Registration now produced, arid which he wdald read was their ! projection from that Court,and they were also protected hr their claim. -Dennis Doyle, sworn, said he and his seven mates commenced the race in January. It was very difficult work, and a great deal of blasting had to be done. Made a- wall in the race with great difficulty; some of the stones used weighed two tons, and took seven to nine men to Lft them. The average height of race is eight feet, and has already cost! us betweeen £I3OO and £I4OO. The Warden said he could (Only register fpr fourteen days, and then renew the register. That had been done from time to time, and the last renewal does not expire until the 127 th November. Several parties have tried to jump the ground, but the Warden ha 3 always protected us. He knew defendants' ground; it embraced part of his claim as well £s the race. Defendants had torn down pait of the wall in the race, and partly covered up the board with the word •* protected" written on iti First got protection in July. By Mr Paterson—Thecertificates of privilege to turn the river is at present at the Arrow. It has been produced several times in Court. The claim below Walker and party I had never claimed; I consider the word " protected" quite "sufficient*.

By Assessor—l never abandoned the ground. By'Mr Paterson—l cannot swear that we have never left the claim for one month.

Mr John Hyde, sworn, said he was secretary to the Arthur's Poiutßace Company. Produced ■ minute book, and read particulars of proceedings at the meeting referred to by Dennis Doyle. By the Bench—Received instructions from Mr wood;to survey the ground after great confusion had occurred in reference to this claim.

Archie McCallum, sworn, said be had heard of persons holding river and beach claims; there night have been twenty or thirty persons attempting to turn the river at one time ; he took tip the' ground, believing he had a right to it abort than' anybody' else; did not know the exact date when he marked out the ground first, but asked which was the ground belonging to Doyle & Co.; the large Race 1 Company benefits him; did not know the ground was protected; saw a board with "protected" written on it; he did not say that it was protected as a race.

By Mr Paterson—Did not thiok anyone could call the Shutover river a race, although the width and breadth might constitute it such. Mr Paterson said it appeard to him very unfortunate Mr Doyle having left the Certificate at the Arrow ; it had been flashed in everyone's face, and on the strength of it alone they appeared to hold possession. Mr Wright, sworn, then read a series of questions put to him in writing by the defendants, and gave the answers accordingly. By Mr Paterson—The wall would have to be removed to get the gold out; he observed a quantity of mulloch in the race; believes there would be no difficulty in making the wall good as ever it was if removed; it was usual with miners to put up a board with " protection" written on it.

By Mr Prosser—Did not consider he had any right to enquire what was protected before he took np the ground; thought the board was of no value.

By the Bench—Meant by no pegs, he did not see any. John Gibson, sworn, said he was a miner; he had been a contractor; knew the wall in the race •aid to be injured; the dirt could be taken out without any damage to that wall, or to Doyle and party. Andrew Gibson, sworn—Had known the ground 'our months ; had been a master mason; thinks the wall would be better for people workingl all round it. By Mr Shepherd—Thinks taking up the claim and taking the ground fre in all round it would improve it. Mr Paterson would be as terse as possible in his remirks; he thought the mining rules on the point were definite enough. Doyle had a rich claim, hut could not work it; a number of men had combined at Arthur's Point to turn the river, which he believed to be thoroughly impracticable ; in digging to form a race, Doyle and party found out that the ground was auriferous, and then they wanted "protection." In conclusion he would call their attention to the fict of the claim and race, both being prospected. Mr Shepherd considered that men having laid out £I4OO ought to be protected; without their race they cannot work the river claim. ' Verdict—That Doyb & Co. are entitled to their chum as marked out in red lines on the slan5 lan marked out by the surveyor; that therefore IcCallum & Co. are not entitled to any Of that ground, but we would suggest that the ground outside the registered claim marked brown, be worked in tbe extent of 275 feet as surveyed bv Mr Wright, by McCallum & Co. or other claim holders; provided the wall or walls of the said race be not injured; the same to be left to the judgment of the Wardenof the district.