WARDEN'S COURT.

Nelson Evening Mail, Volume XXIII, Issue 159, 25 July 1889, Page 2

WARDEN'S COURT.

(Before A. Greenfield Esq., Warden.) Application by Francis Kitt for a water race at the Baton. — Mr McArthy stated, on behalf of the applicant; that the proper, notices had been posted.— His Worship said that as the applicant was not present he must strike the case out. He had stated before that he would not deal with any such esses unless the applicant appeared in person, or was represented by counsel. Application struck out. Application by James Chandler for a prospecting license for tin. — Mr Fell appeared for the applicant. His Worship rsad the following opinion, whioh he had obtained from the Solicitor General, on the question of issuing prospecting licences for minerals other than gold or silver within the Midland Railway withdrawn area ; "Having considered the question submitted to me, I think that any exercise of a Wardon's powers under section ISO of the Mining Aot, 1886, is subject to the Aota relating to tbe Midland Railway Company, and the contract made with it. As above pointed out, the "mining purposes" authorised under the latter are limited to mining for gold or silver. Presumably the Oompany was to have all othor metals and minerals oa the land subject to tbeir contract. In tbe East and Weßt Coast Railway Aot, 1884, it is expressly provided that they ahull bo entitled to any coal found upon land granted to them (section 8, subsection 5). Of oourse if lands are set apart under sufcseotion (o) of clause 16 of tbe contract for bona, fide mining purposes, then they are not affected by tbe contract. " Mr Fell eaid he hud expeoted that suoh would be the opinion. He was. in a position to state that the Oompany was most anxious to encourage all such endeavours to promote tbe mining industry, and felt sure that there would be no difficulty iu getting such licenses. However the neoessary arrangements had not yet been made, and he must therefore ask for an adjournment until the 23th September. -Granted. A similar application from W, T, L, Travers, for whom Mr Pitt appeared, waa similarly dealt with. An applioation from F. Johnson and B. Bray for protection was granted until tha Ist Ootober. Applioation by F. Johnson for water raoe now held by J. Taylor.— Mr Pitt appeared for Mr Taylor. His Worship said that the applioation was informal, as in suoh a oaee the applioation must be made by oomplaint summons. He must first apply to bave the present application cancelled and then ho must make an application for himself. — Application struck out. Application for tail raoe by E. C, Stanley. — Granted. Applications for protection by Hill and party, and Frajser and Stedman, were adjourned until the 22nd August. : :