IMPORTANT MINING DECISION.

Otago Witness, Issue 2240, 4 February 1897, Page 19

IMPORTANT MINING DECISION.

Amongst the applications dealt with by Ward»n ' Macfarlane at Goldsborougb. on tne 13th inst was (the West Coast Times reports) one of more than ordinary importance to miners generally. Messrs Cox and party applied for^n extended claim of six acres which bad been held by Messrs Thomson, Staines, and party (the objectors to the grant [ of the application) for some years past. The | objectors, it seemed, after their protections had expired, decided to apply afresh for tha ground and did so, the application beii'g granted by the warden in due coura*. But when their agent came %o take out the certificate of registration within the 30 days allowed by law, be could not obtain the same owing to the absence of the clerk J of the court, and after the expiry of the 30 days I from the date of tbe application tbe certificate j was refused. Me3srs Cox aud party pegged out tbe claim oa the ground that it was unworked and unoccupied and was therefore open to be jumped. Application for tbe same wat lodged in the court and was objected to by Thomson and party. Evidence having been given of applications made within due time for tbe issue of the certificate, counsel for tbe objectors nsked the warden to order the issue of the certificate forth- ! ■with, which wa3 eventually done. The applied- , tion was then gone on with, aud the objectors proved tbat tbe ground could not pos-ibly be worked except bjh.-meADs of the Waimea sludge channel, to which the objectors were contributors, j A shaft bad been sunk on tbe ground some years . since, and its were still there. For the ; applicants, evidence was led to show that the j ground was unworked and iinoccupied during J the interval between the expiry of the 30 days j allowed for taking out the certificate by Thomson I and p*rty and tbe date of Cox and party's applica- j tion. No notice of protection was posted on the j claim for this period. The warden, after hearing counsel, decided to uphold tbe objection, especially seeing that tha law provided against the jumping of claims 1 which were prevented, from being worked through | natural causes, such as tbe want of water. I'be application was therefore dismissed, with costs £% 13s, against tbe applicants. Before leaving tbe beuch his Worship threw out a suggestion to ' the effect that tbe authorities should take some > steps to prevent the jumping of claims near to and pending the construction of subsidised niaiu tail races.