THAMES WARDEN'S COURT.

New Zealand Herald, Volume XXXIII, Issue 10264, 16 October 1896, Page 3

THAMES WARDEN'S COURT.

. [by TELEGRAPn,—OWN correspondent. ] % *' t J, \ Thames, THarsday/ ; At the uaual 'fortnightly sitting of the Warden's Court, to-day, Mr. H. EyreKenny presiding, the following bueiaess was transacted. SPECIAL CLAIMS. Applications for specitl claims were dealt with as follow:—John Chambers, Albion ioreshore special claim, Coromniidol.recommended; William Gorrie, Mysotis, Tairua, objected to by Kauri Timber Company, and adjourned to November 12; Joseph Varnev, Huia,-Whangaraata, adjourned to Nov, 12 J. A. Robertson, Mauritius,Tairua, objected to by Kauri Timber Company, but on application being called the objection was withdrawn, It was elicited by evidence, however, that the objection had been withdrawn by the objecting company owing to an agreement having been arrived at whereby compensation was to be paid to the company for the withdrawal of its objection. In consequence of this the Warden said he could not deal with the application, as his instructions were not to grant any applications therein , the Kauri Timber Company was to receive S compensation. Upon the application of Mr. Miller, however, who appeared for the applicant, the matter was adjourned to November 12th, Applications for the Mauritius , and Glencoe special claims were also adjourned to the same date under similar circumstances, Herbert Gordon. General Gordon, Tairca, adjourned to October 29; Hugh Oven, Golden Solitaire, Tairua, objected to by the Kauri Timber Company, and adjournad to November 12; Herbert Gordon, Khartoum, Tairua, adjourned to October 29; James Wollman, Glenelg, Tairua, adjourned to November 12; J. A, Robertson. Kauri, Tairua, adjourned to Novembor 12; J. T. Baker, Golden Era, Tararu, adjourned to November 12; J. McGuire, Mizpah, Paru, adjourned to October 29; J. H. Fleming, Waimarie, Kirikiri, recommended; A, M. McMahon, Kaora Tatoa, Tairua, recommended; A. Cuff, Asiatic, Tairua, adjourned to November 12; Thos. McDonough, Elsie, Tairua, recommended; Patrick Regan, Tho Guidon Spur, Waiomo, recommended; A. M. McMahon, Tho Winder Extended, Tairua, recommended; W. F.G. Seott, Maid of the Mist, Tairua, objected to by the Kauri Timber Company, and adjourned to November 12; R. B. McGregor, Galatea, Tairua, adjourned to November 12 for amondmentof clan; A. Robins, Thistle, Otunui, recommended; G. Greenway, Auraria, Puriri, recommended ; A, Kummort, City of Stettin, The Wires, recommended; J. H. Fleming, Omahu special claim, Omahu, recommended: H. Lowe, The Best, Puru, adjourned to Oct. 29; T. McDouough, Rototnahaoa, Tairua, adjourned to Oct, 29; T.U'Brienand H.Elliott, Golden Compass, Puriri, recommended, name to bo altered to the Grand Master; R. Kerry, Way's Freehold and Taylor's Freehold, Lower Tararu, adjourned to November 12; E. Manuel, Specimen Lead, between Waiomo and Puhoi, recommended; M. MoMahou, Golden Ripple, Tapu, recommended; in. Elliott, Gaelic and Rob Roy, objected to by the Kauri I'imbor Company, and adjourned to November 12; W. H. Burch, Tairua Gem, Tairua, objected to by G. J. A. Robertson, H. Owen, and the Kauri Timber Company, and adjourned to November 12; C. F. 8011, Veronica, Omahu, recommended: W. F. J. Bell, Nancy, Omahu, recommended; J. O'Meagher, Eleinore, Tairua, recommended: J. Churton, Melbourne Cup, Puriri, recommended; F. W. Abbott, Sweet Auburn, Whangamata, objected to by W. Cuff, and adjourned to October 29 for amendment of plan; S. Fraser, Adelina, l'uru, adjourned to October 29; R. Stevenson, Golden Harp, Omahu, recommended; James Baggott and S. Montgomery, Kelvin No. 2, Puru, adjourned to October 29; J. H.Fleming, Omahu Reefs, Omahu, objected to by Thomas Clarke and J. H. Bond, withdrawn.; W. G. Nicholls, Omahu Consols, Omahu, objected to by R. Stevenson and T. Clarke, adjourned to November 12 for amendment ol plan; Renata Ngata and W. Clarke, Vicuers and Sunrav, Tairua, adjourned to October 09; Henry Lowe, the Next Best, Puriri, objected to by W. Shaw, aud adjourned to Octooer 29; Jus. Wellman, Bourbon, Tairua, objected to by the Kauri Timber Company, and adjourned to November 12: John McGuire, Puru United, Pc.ru, objected to by F. Jackson, and adjourned to October 29 j J. G. Ralph, Tairua Bunkers, Tairua, adjourned to October 29; W. F. McWilliams, The Heriot, Wliangamata, recommended; John Murphy, Waiugohia Extended, Puru, objected to by Jas. Johnston, and adjourned to October 29; A. Kuinmert, Setting Extended, Whanganuta, recommended; R. N. Buttle, Shooting Star, Wharekirau, recommended Robert Allen, St. John, Tairua. recommended; William Simpson, Elite, Wlungamata, adjourned to October 29; J. H. Fleming, Whangamata Reefs, Whangamata, recommended, subject to change of uame; Richard Qoooh, Crown Wh&ngnmata, Whanjamata, adjourned to 'October 29: Maori Dream Gold Mining Company, Maori Dream (amalgamation of three licensed holdings), reoominouded; Charles McLean, Hidden Treasure and Argentine, Tairua, objected to by the Kauri Timber Company and others, adjourned to November 29; H. P. Stark, the Princess, Omahu. recommended ; W. T. Davis, Ulow Queen, Ohui, adjourned to October 29; W. T. Davis, Moonstone Extended, Oliui, rocommended; P. A. Stein, Argylo and lona, Great Barrier Island, recommended; William Elliott, Great Barrier Extended ami Fitzroy, Great Barrier Island, recommended; John Kneebone, Kaitoke and KaitoLe No. 2, Great Barrier Island, recommended ; W.E. Cossar, the Great Barrier Proprietary, Premier of Great Barrier, Great Barrier Excelsior, Great Barrier Mauri, recommended; E. Foster, Mt. Argcntum and Mt. Argenlurn Extended, Great Barrier Island, reoominended; t. Amodeo, Aotea and Aotea No, 2, Great Barrier Island, recommended: the Moanataiari Gold Mining Company, Moanataiari speoial claim (in AinalK'iination of several licensed holders), recommended; A. D. Robertson, Hgerton, Great Barrier Island, recommended; J. Bishop, Blue Fire, Whangamata, recommended; John McGuire, Mizpah, Puru, recommended; City of London Gold Mining Company, City of London, Punga Flat, adjourned to Octobor 29, mOTKCTION. Applications for protection were dealt with as followsE. P. Knowles, six months' protection for Dredging olaim, Tapu, granted; E. C. lienle, six months' protection for Arundel cpeoial claim, Tararn, granted; George Lorain, six mouths' protection for Golden Planet special claim, Tairua,granted; J. Odium, six mouths' protection tor Myra special 'claim, Tairua, granted; G. M. Cameron, 14 days' protection for Golden < Wave special olaim, Tairua, granted; B. H. Bishop, six months' protection for the Alma special claim, Puru, granted; Puru Consolidated Gold Mining Company, sis months' protection for the Russell, Russell Extended, Uranus, Salisbury, and Uranus Extended special claims, aud for a waterrace and machine site, Puru, granted; J. Bishop, six months' protection for Junction, Whangamata, granted;. James Darrow, six months' protection .for water-race, Tararu, adjourned to October 29; Jas. G. Wilson, six months' protection for the Silas Extended special claim, Puru, struck out, the reoommended applications for the claim not having yet been received from Wellington ;Jaa. Ketnick, six months' protection for the Waipuru Extended special claim, Puru, granted; Ptolemy Gold Mining Company, six mouths' protection for the Ptolemy Extended licensed holding, Whangatnata, granted; O. J. Walker, six months' protection for Junction Whangamata No. 2 special olaim, Whangamata, granted; Thos. Sounlon, six months' protection for Energetic claim, Omahu, adjourned to October 29; T. P. Vnglur, six months'protection for Golden Three Reefs special claim, Tairua, granted E.G. Bealc, six months' protectiou for the Windsor Castle No. 3 special claim, Puru, adjourned to October 29; C. L. Kerry, six months' protection for the Whangamata Peninsula special claim, Wlmngamata, adjourned to October 29. PERMISSION TO WORK WITH LESS MEN. M. MoMahon, permission to work Golden Baud special claim, Tapu, with lour men for four months, wanted; A. Pittar, permission to work the Waitangi licensed holding, Shellback Creek, with two instead of ten men, for four months, granted; J. W. Thorp, permission to work tire Volunteer special claim, The • Wires, with two instead of 32 men for four months, adjourned to October 29; Now Whan Gold Mining Company, peri mission ti> work the New Whau special claim, Moanataiari Creek, with nine instead of 14 men for four months, granted; ThamesHuuraki Goldficlds, Limited, permission to work the Deep Levels Consolidated speoial claim with six men instead of % for four months, granted; Daniel MoCafferty, permission to work the Mata Prospectors special claim, Mata Creek, with three men instead of 12 for four months, granted; Jas. Maoky, jun., permission to work the Venus licensed holding with one man, and the Pakirarabi special claim, Neavesville, with two men for four months, granted; Theodore Brown, permission to workguarlzolaim, Haps Creek, with one man for four months, granted: Thomas Wall is, permission to work the Weymouth claim, Hape Creel:, with ono .man for four months, granted; Hugh Owen and A. Cuff, permission to work the Young Australian special claim., Karaka Creek, with two. iustead of ni'l? men for Jour months, adjourned to October. 29;. Albumia East Gold Mining Company, permission to work the Alburnia East spocial .ihiin, Puuga Flat, with/six I instead of '23 men for (our month*, granted ; I Three Star Gold Mining Company, perI mission w wtti the Twee Stat special

claim, Whau|jamata,.with,4 men instead of 33 men for.four, months, granted; Temple Bar Gold Mining' Company, permission to work tho' Temple Bar special claim, Tararu, with 4 instead of 21 men' for four months, adjourned till October 29 ; May Queen Gold Mining CoMpinyrpMmißsiOn to work the St. Hippo special claim, Collarbone Greek, with one man for four month's, granted. MISCELLANEOUS APPLICATIONS. , J. Bishop, dura, Tairua, objected to by tho Kauri /Timber I Company,' adjourned - till November 12 E. Thomas, water-race, Wairau Creek, adjourned 1 till October 29; William Eddowes,''' residence ' site, Tairua, . granted, E. P. Knowles, dredtcing claim, 'Tapn, granted; W. J, Downie, residence site. Whangamata, granted; R. S. Ready, residence site, Whangamata. granted; F. Johnson, residence site, Whangamata, granted; James Say, residence site. Whangamata, granted • Maori Dream Gold Mining Company, machine site and water-race, Ohui, granted; Alburnia East Gold Mining Company, use of tunnel, Punga Flat, granted: James Corbett. residence site, The Wires, granted (subject to reserve of one chain along the Tairua River); Charles Alley, residence site, The Wires, granted (on the same conditions); James Nicholas, residence site, The Wires,granted; Harry Johnwn, residence site, Whangamata, granted; William Robinson, residence site, Upper Albert-street, Thames, adjourned to October 29; Joseph Thornes, water-race, Owen* Creek, Great Barrier Island, adjourned to October 29 for amendment of plan; Edwin Edwards, Chas. Kay, and Leslie Steele, residence sites, Tairua, adjourned to October 29; James Donnelly, residence sit'), Eape Creek, granted. LICENSED HOLDINGS. The following applications for licensed holdings were heard:—R. B. McGregor, Richmond Ilill, Tararu,granted; A. Bruce, Golden Gem, Tairua, granted; William Goldsworthy, Melrose, Tairua, objected to by W. Long, and adjourned to October 99; J. H. Fleming, Mouteznma Extended, Takua, adjourned to October 29. PLAINTS. The following plaints were hoard Mining Inspector v. H. Wilson: Plaint for the forfeiture of Bonny Doen special claim, WJianftamatft, for failing to employ the required number of men. A decree of forfeiture was issued, and defendant was ordered to pay lis coats. Samuel Arthur v. The May Queen Gold Mining Cempany: Plaint for forfeiture of St. Hippo special claim for failing to employ the requisite niciber of men. Mr. Clendon, who appeared for the complainant, said that on considering she circumstance!) he had come to the conclusion that he could not reasonably expect the Warden to issue a decree of forfeiture, hut would ask that a fine be imposed instead. Fine £1 and costs, totalliug £5. J. J. Macky &nd J. P. Ward v. Akahati Ngatoto: Plaint for forfeiture of Maoriland licensed holding, Olmi. Adjourned to October 29. Mining Inspector v. New Alburnia Gold Mining Company: Plaint for forfeiture of New Alburnia special claim for failing to have out sufdcicut miners' rights. Fined £1, with costs lis, and ordered to pay arrears of £8 for minors' rights. Reuben Kelly v. A. Buroher, W. H. Copper, and_ James Cop; Plaint for cancel lation of assignment of' lease of Day Dawn special claim, and £100 interest oil money received by defendants. Mr. Harrison appeared for complainant, and Mr. McGregor for defendants. After considerable argument, the Warden held that the statement of claim was unintelligible and embarrassing, both in its clauses and as regards the causes of actiou brought together. The case was therefore adjourned until to-morrow morning, to allow of complainant's solicitor to draw up a fresh complaint. A COROMANDEL CASE. The Warden to-day gave judgment in the case of Alexander Ogilvio and the Hauraki Kew Zealand Associated Gold Reefs Gold lliuiug Company y. J, H. Witheford and the Royal Oak Hauraki Gold Minii);; Company. This was an action brought originally against Mr. Witheford for the forfeiture of a water-race whioh Mr. Witheford should have assigned to the Royal Oak Company, but through uegligenoe tailed to do so. Tlio Royal Oak Company, at its own request was joined with Mr. Witheford as defendants, and the case was heard at Coromandel on the Bth instant, when the Warden adjourned his judgmeut. In giving his judgment to-day His Worship said that after taking into consideration the position of the Royal Oak Company and Mr. Witheford's negligence, he had decided to inflict & fine in lieu of forfeiture. In doing so he said the Royal Oak Company was perfectly innocent in the matter, and more than this, it would bo very inexpedient from a public point of view to forfeit the water right. The plaint would therefore be dismissed as against the Royal Oak Company, but the defendant, Witheford, who had been guilty of culpable negligence, would be fined £10 And the costs of the proceedings. APPLICATION FOR BROKEN' HILLS WEST SPKCIAL CLAIM. The Court was occupied this afternoon ill hearing the application of John A. Robertson for tho Broken Hills West special claim, Tairua. Hubert Gordon, who had pegged out and applied for the same ground as the Kathleen special olaim, objeoted on the -ground of over-pegging beyond the 150-acre limit fixed by the Warden, and also other irrecularitiei connected with the Broken Hills West application. Mr. Miller appeared for applicant and _ Messrs. Cotter and Clsndon for the objectors. The Warden said the application would certainly bo refused if a greater area than 150 acres had been pegged out. John Alexander Robertson deposed that he was tho applicant for the Broken Hills West, ana that he surveyed the ground. The ground was originally pegged out with five pegs, taking in between 200 and 300 acres. Witness did not show tho fifth peg on his plau. The ground which witness surveyed inoluded only the area between the four pegs, and was less than the area pegged out. Witness in the course of his survey excluded the area taken in by the fifth peg, because he found that it had been pegged out by someone else as the Darkey special claim, It was for this reason witness did not survey the whole area included in the original pugging out. The Warden stated that by this omission the applicant, as surveyor, had failed in his duty, and disobeyed the regulations. The Warden also quoted passages from Robertson's official report as surveyor, iu which the latter stated that the plan gave the outline or the ground as applied for and pegged, and further that the property was bounded by supposed unoccupied ground,' In cross-examination by Mr. Cotter, witness said that the plan, which showed a surplus of 27 acres, was not prepared tor the purpose of deceiving the Wardeu into believing that only 127 acres were applied for. After hearing the evidence of Alexander Campbell, who peggod the ground out, Mr. Miller contended that there was nothing in tho regulations except an inference which provided that tho whole land marked out should be surveyed. All that was necessary was to survey the laud applied for, that is the laud which the applicant desired. If a surveyor found in the course of his survey that part of the ground pegged out had been previously applied for, he was quite justified in throwingitoffand surveying the remainder, so long as lie kept within his pegs. The Warden differed from Mr. Miller on this point, and said that the rule re the 150 acre limit of over pegging still stood, and he was determined to enforce it. He would not take any further action re the omission on the part of Mr. Robertson as surveyor, but ha would bring the matter before the chief surveyor. The surveys lay at the root of all milling titles, and it was absolutely necessary that they should be carried out in good faith. The application of Mr. Robertson for the Broken Hills West special claim was refused, with, costs totalling £15. Theapplicationof Herbert Gordon for the Kathleen special olaim was then granted. The Mahurangi Fruit-growers' Association held a meeting iu Randall's old store, Warkworth, in the 7th, when Mr. J. D. Morrison, president of the Association, occupied the chair, The attendance of members was not what it ough tto have been. After the usual preliminaries had been gone through, the secretary rotvd correspondence from the Secretary of the Department of Agriculture, Wellington, and from the secretary of the Auckland Fruit-growers' Union, intimating that the Orchard and Garden Pesta Bill was not likely to pass this sessiou; i also requesting suggestions as to the date of the next conference of the Union to be held in Waikato some time in November. The secretary was instructed to reply that this Association had no suggestions to offer, and then, oil the motion of Mr. B. H. Mc Kinney, appointed Mr. Edward Morrison as delegate to attend the conference as representative of this Association. On the motion of Mr. E. Morrison, a deputation, consisting of tho president and Messrs. Goatley and Blair, was appointed to wait upon the Rodney A h Ticultural Society, and endeavour to work amicably together at the forthcoming show. . Mr. B. H. McKinney suggested, and it was agreed to, that oil Captain Broun's next visit he should meet the members in his orchard,, and that he would also give notice to members as soon as he had information when the Government Entomologist would be in the district. It is to bo hoped that Captain Broun will be able to give sufficient notioe so that publicity may be given, iand.that any persou interested may attend, as it is understood that the Captain ; will give a lecture either in the orchard or in tho usual place of maetiug.— [Owu Con'CßpoftdanfeJ