ACQUIREMENT OF LAND UNDER THE HOMESTEAD CLAUSE OF THE "MINES ACT."

Mount Ida Chronicle, Volume X, Issue 524, 31 July 1879, Page 2

ACQUIREMENT OF LAND UNDER THE HOMESTEAD CLAUSE OF THE "MINES ACT."

The application of .David M'Cready for tlie purchase of fifty acres, and th« lease of 270 acres (in all. under the 66' h clause ot the " Mines Act," which, had been adjourned from the llth July, came on for hearing on the 2olli, at the Warden's Court, Naseby, before H. W". Robinson, lisq., Warden. Tl)e evidence would he available to the Was!e Lands Board, as the decision in reference to the purchase would rest with" it.

Mr Kowla.lt appeared for the applicant, and Mr Fraser for the objectors. Ihe Warden -read a telegram from t!>e Under Secretary .for G-oldlields, <m be ,ait of the Minister of Mines, instructing him to deter decision in the matter, in consequence of some communication received i>y the Government irom Messrs Seivwriiiht and "Stout, of Dunedin. He was unaware ot the contents of the letter reiened to. ; 1 he.matter was now made a Ministerial one. :

Air. Eraser, on behalf of the 'objectorj!, asked that. he might urge his objections to the application before the evidence of those he would; bring fonva'-'d was taken, as he might not- be present on a future occasion. In the section to whieli-refeieuce was. male a good deal turned upon the meaning assigned to the expression " valuable mines." - He contended that ; the reasonable interpretatioiir of that term was,any mines that were payably workable. Me would also urge that the seclion did not contemplate or permit of au applicant both purchasing and leasing land ; only one of the two could be done either purchase or lease. •: The Warden said he was of the .same opinion as Mr. Eraser as regards theimatter of purchase a.id lease, but lie believed the Waste Lands B-jard had been advised differently. - \l Mr. Fraser said -he s would call miners to prove.th'it the J and applie'd for was auriferous, and if such were satisfactorily established the application must be refused; ; ?.

J. P. Christian, a miner at Kyebura, deposed that he had prospected the land applied for as'ari agricultural lease in various places',' aiud had- found gold, j Had found 150 specs to the dish,- and?never, less than 40. - Had couuted the specs up t° 60, asd guessed the rest. This would pay handsomely. A shaft had .been sunk 16 feet deep in the 50 acre-section; knd 15 feet contained payable dirt, giving from 20 to 100 specs of gold. The land,-on .the eastern side had been worked for -(years-; aod en the other side the ground had.been prospected, audfouadpayablj\ auriferous.

He and his mate In.:) constructed a wn/ep ra *e at considerable expense,-partly with a view of. working the land in question', fT[.tlnS:applif*a!ioh': ! -TPere-ei-»nf.?d, the payable ground behind could not be worked. Til.' land applied for Tie believed aiso to* contain valuable mines of coal. The position of Mr. M'Cready's coal mine was pointed out, on a plan produced. The coal ran m a direction so that, if the lirio continued unbroken, it would go under .kyi ; ,JiiQ.Q,app]ied for. He had.every , son to bplieye,lHat : "I* ! /h ; oi f>n£h of the land. IS. the b«t p , off: \ rts h;id been made iri t)/e tmie o£tlie"P."ovincwl a portion of this same land reserved for coal mining purposes. If it were alienated witness race would be depreciated in value oO -per.pent. -The resid-nts bad-ex-pended oyer £IOO in t ieir efforts for land conservation..

Cro.-s examined by ?*lv." "Rowlatfc : Had assisted to sink nil the hole? in the agricultural-' lease application, except,; one. Declined-to say anything about the 50— ) P ros P'- c . t '9ff«:' as he. believed Mr. IVi'Oready intended prosecut-in* tho«e who sank the shaft, if he could find out who they wer v Where he got the 150 specs the ground was from two to four eet deep. - Had beeiii workings ground not so deep, nf>rwithaucii good prospecfs, and with good results—with a yield "of £4 -or. dbo per week. "- " '

John Swan, a. miner at Kveb'urn, said he had seen several dishes washed from the 16 feet sba.ft, containing from 20 to 40 specs. Considered-- this "a'- good .payable prospect. Had worked in u gully' on south side'of! land..-,- .-About-.eight Tears ago he and] two,others constructed! a race/ and worked, fpr , throe months there, the result being a return of £4 ner week.' Samuel Veale, a miner at Kyebnrn, hnd seen one prospect washed from the l'vfeet i*i acre hlo'ck—a good payable one. Had set j na prospect ivashfd in the afjrjcul'u -al lease block, fcSis was d o payable. Had'taken ont coal on tlie side , ot the gully next the application. Was resident on a.portion of the land applied i t.»r tor some tliirtoen- months. 4 "- - >■ ' | .-..P r «>ss^Pxamjij ? d .by Mr. Eowlatt: Was I sure the coal he "had taken 'out was* a" coniinuation of M'Cready's seauj; It evi|.c.ently went through the land. The coal i was soto, and he-did.not open it out By ihe Warden : He'held a pon'ion of the , and applied for as - agricultural lease 07 consent or the. runhoMer. . William Parker,i a> miner at Eyeburn knew the laud applied for by Mr.' MCready. Ifc was auriferous, as was also that surrounding it. Had washed payable prospects from the one hole. Objected to the application on public grounds. -The land applied for, coniaim" d a number of,;oatlets tf»,g r ound lyin. 7 bei . operations had been carried years on. east .side., :If. the land were not alienated. h,e had, no hesitation in say--mg thatjj.t, WQiild .be.worked eventually, lie might say that there were' other ; at the. Kyeburn who wished to acquire land on the'same principle ; and . this case was. therefore; a - test-.Caje. if Jli. M Cready-s application ; were granted a number would make application. Cross-examined, by Mr. liowlatt V He had collected most of the sign<itur''s to the petition He objoeted' on public grounds. Christian was the only person at present who had water coimnandini r the ground. . ' ■" - . M . r * h . tt: Then you are all'obiecting in Christian's interest. Witness: In the meantime w° are, but we expect eventually jo reap advantage trom the ground ourselves. ~'• - Mi'. .Eraser: .Almost, all the tuuiers in the -Eyeburn, except those otherwise interested, had signed- pej.ifion. Ihere were some 30 odu- names attached to if. Mr. JiowlatJ; challenged some of the signatures; but tlurwitness 'asserted ail those who had signed it wure Itovvu ud persons. • Mr. Fraser remarked this was the case, for i he objectors, and lie called on the other side to bring forward'rebutting evidence. -■ . n The Warden thought the case could not be gone on w\t : > in the fice of the i•. structionrs he had . received. He quite unawaie of the contents of Messrs ciievwright and Stout's letter. - The Wat den . would like some compromise to be effected, but Mr. Chris',iart, on behalf of the ohjectors, wouid nob agree tortile'proposal. ; Mr. Eraser asked if the whole ease would be re-opeued on some i'uiure day. • The... .Warden thought the cal could not be re-opened; -

■Mr. Eraser said this was decidedly unfair. His whole'case was exposed, and the other side had a month to clie'cr its evidence to rebut-what.he had adduced." Mr. .Rowlatt sa,id that, to set the matter afc rest, his client won Id allow the -round to be prospected fully in the Warden's presence, it his.Worship would a^ree. The Warden said that in order to bare r -ty® . pwind satisfactorily prospecifd especially where.-it was 16, feet deep, he' would need 1.0 <so an i lire upon it; it would take up-too.much time.

Mr. £ow)a?t . said that },e bad good reason to. believe the Government was favorable .to this application, and would not refuse.it, .unless on some substantial Kroiin.iS. From private correspondence Mr..M Gready had received from fhe Government he believed this to be the cit.se.

Mr. Fraser had never heard of' such a thing as private correspondence ; etween a Government and au individual on a matter that came before a court of justice. He thought there must be something underhand. "

Mr. Udwlatfc said there appeared to have been something underhand when an ex-Minister of the Grown- hud: evidently been set- to work to interefere with the decision, of the case, and , had succeeded in doing so.

A. great discussion ensued be fwnen the counsel, the parties, and !|,e Warden on different points. Eventually after Alk. F/aser had stated that the fact of-the -ground 'being payaßly auriferous h.id. been ciecii'ly. proved, the*'© ore no grant and 'thai, in any case, no one could purchase, and in additbonylease,- grbun£ .-a? a,Jicmjestead, the case was adjourned to that dav month" 22nd aslant, for further information from Wellington. ■■■