MINING DISPUTES.

Mataura Ensign, Issue 842, 19 January 1901, Page 3

MINING DISPUTES.

JUDGMENTS BY THE COMMISSIONER. On 11th December last an application was heard at the Gore Warden's Court, before Mr D. Barron, Commissioner for Crown Lands, by J. A. Yule for a prospecting license of 10 acres between sections 4!l-i and 4!l(i, Hokonui district, on the one hand, and the Chailton Creek to the centre line of the cieek on the other hand, and also part of the road line lying between sections -I'.l.'i and 4!lli. This was objected to by the Charlton Creek Gold Dredging Co., Thus. Green, and the Southland County Council. The evidence given in support of the application was to the effect that the land was uquired for the purpose of obtaining a frontage on to the Chailton Cre<k for the Mac Charlton Diedging Co.. on whose behalf applicant was acting. It was stated that if this access to the Charlton Creek were not obtained the company would have to bring in water from the creek above. The ground of the Charlton Creek Co.'s objection was that a road line was enclosed in the area applied for by Yule, and that the grant of the application would prevent the company exercising a concession granted by the Southland County Council for the company to dredge part of the bends of the creek and leave the stream straight. The further objection was urged that there was not enough water in the main stream to deviate into two channels. Thos. Green objec ed on the ground that as a freeholder he would be injured by the grant of the application. The Southland County Council objected on the ground that pa it • f a road made and maintained out of County funds would be destroyed. Lengthy evidence was taken, and the Commissioner reserved bis ('c ision, which he hns now given in the following terms:—"J have decided to refuse to giant the license for the reasons (I) that such a grant was not contemplated by the Mining Act and its amendments, and (2) that a prospecting license should not be granted in cl. sc proximity to ground already thoroughly prospected." On the same day .1. A. Yule applied for a water-race of two heads from a tributary of the Charlton Crck, and running through section 4'.l>, Hokonui Survey distiict. The application was objected to by the Charlton Creek Co. and Thos. Green. After hearing evidence, the Commissioner reserved his decision, which he has now given in the following terms : "I have decided to recommend the Minister to grant the application subject to the conditions (1) That half a Government head of water be allowed at all times to run down the natural channel of the creek authorised to be diverted by the license, and (2) The water to be leturncd to the Charlton Creek at the north-cast corner of section 4'.M'>, Hokonui survey district."