Warden's Court.

Lake Wakatip Mail, Issue 1522, 12 March 1886, Page 5

Warden's Court.

Monday, Bth March, 1886

(Before J. S. Hickson, Esq., Warden.)

J. Atlcy.—Two applications for agricultural leases in block XIX.. Shotover district. Granted.

Haines v. Anderson.—A complaint against defendant tor neglecting to renew a water right license at the Sandhills, Upper Shotover. Fined 10s. iu lieti of forfeiture, with costs, Bs.

J. Comimns and M. Donne.—An application for at Woody Gully, Upper Shotover, adjourned at previous sitting, in order that the course of race mijjht be properly pegged in accordance with the Regulations. Mr O'Meara, for applicants, stated that the course of race had been properly pegged off. Mr Turton, on behalf of objectors (Ah Mee and party) again contended that, under Regulation 1, Appendix D, applicants should have given notice to his clients, because they were using th« water which it was now proposed to divert. The Warden said it was only usual to give notice when a race affected lights already granted or registered in the Court. There were no rights of this kind in the locality under notice, and the interests of the public were always protected, as they were entitled to two heads of water for domestic purposes, l>e allowed to run down the natural course of a stream. Mr Turtou further submitted that, as applicants nail not, at tirst hearing, complied with the Regulations, they could not afterwardt go back and do so, and even supposing they had now pegged off the course of the race, they ought to be iu Court to swear same. Mr (J'Meara asserted that the course had l<eca prope-ly marked off, and submitted that, according to order made at previous bitting, his clients were entitled to a certificate.

The Warden referred to the objection lodged and to the order made at previous sitting, and to the application granted to Ah Mee and party, for water-race also at Bushy Creek, " on condition that it did not interfere with the course of Cummins and party's race"—or proposed race. Mr Turton contended that Ah Mee and party's application, which was not ohjtcte-d to, had taen granted at previous sitting, and that therefore his clients had an original right to the water. The Warden admitted, as the present was only an adjourned hearing of Cummins and party's case, that Ah Mee and party had evidently superior rights. Mr O'Meara thought it was a very bard for his clients, and he was afraid that the granting of their application on euch terms would be of very little use.

The Warden said he cor.M only grant a second right, to the water. If there was auy hardship the the fault iay with Cummins ami party, who shouid have come to Court in the first instance properly prepared. Application was granted aecordiujrly. A similar application for race higher up Woody Cully, was withdrawn by Mr O'Meara. I*. Vail's application for residence area at Greenstone was further adjourned. An extended claim at the Left-hand Branch, Skipper* wa« granted to Ah Look and party. 0. Watson—Application re mineral lease (sjheelite mine), Head of Like. Mr Tut ton said tlieoffici.il assknee had consented to transfer the property to J. Davis. Application granted. Mr Turton said that £ls had been lodged for survey of mineral lease, but no particulars had been received as to what had been the expense. The Cleik (Mr Firth) said that Mr Surveyor Wiimot had informed him that the £ls did not cover the cost of survey.

The Warden said he had no idea how the Survey Department made up their costs. Ah Mee and party. —Application for water-race at Polnoon district, tipper Shotover. Granted, the Warden stating at the same time that all tributaries tapped in the course of the proposed race should be enumerated. J. Gemmell and C. Schinsted v. J. Jones and Griffith.—An application for cancellation of <lcfaidants' certificate foi water-race at Sandhills, Upper Shotover, on the grounds that they did not commence to construct race—in faat, had done nothing t) it—and had no miners' rights; and further that the objectors be placed in occupation of ■aid race.

Mr O'Meara, for defendants, admitted that there Were a few irregularaties; and although the race vm granted tunc months ago, they were allowed a

year to construct it. The delay was occasioned through arrangements being mane to give a third share to another party who had gone to Melbourne to procure pipes. Defendants thought Mr Turton, who was acting for them at the time, had taken out miners' rights, and they only found out the mistake that morning. Mr Turton, who now appeared for objectors, explained that the documents showed that defendendants miner's rights were good to July last, and the water-race applied for under them (when he appeared) was grauted iu the March previous. Mr O'Meara said that defendants had a lease of ground in the locality, and if the water necessary to work it was taken away, it would be ruination to them.

The Warden said it Was absolutely necessary for defendants to prove that they were in liwful occupation under the Act, and this could hardly be said in the absence of miner's right. Mr Turton referred to a case of alleged gold stealing the other day by Chinamen, when Judge Ward ruled that the prosecutors did not lawfully own the gold in dispute, as they had no miner's rights. The Warden, after further argument, considered that the neglect to hold miner's rights was a fatal objection. Judgment would therefore be entered up for complainants in terms of the prayer, each side to pay its own costs. A special site of two acres, for stacking tailings, about 200 yards above the falls at Sandhills j also a water-race and extended claim were grauted to the same applicants.