WHO SHOULD MARK CLAIMS.

Otago Witness, Issue 2416, 28 June 1900, Page 19

WHO SHOULD MARK CLAIMS.

As the Waikaia Warden's Court on Tuesday Mr H. A. Stratford, warden, gave judgment (as directed by the Appeal Court) on paragraph 1 of the objection of John Woodward (for whom Mr Bowler appeared) to the granting of a j dredging claim in "the Wendon district to R. '■ W. Hall (for whom Mr Inder appeared) in the following terms : — " Paragraph 1 of the objection alleges that the claim was not marked out in accordance with the Mining Act and regulations. As a matter of fact it was marked out by John Nugent Wood at the request of John Taylor, acting under telegraphed instructions from the applicant, B. W. Hall, who was qualified with a miner's right, No. 34,681, dated 18th November, 1898. It was marked out partly in a mining district open for mining under ' The Mining Act, 18S8,' and in its amend"ments, and partly on land not open for mining — viz., on section 74, Wendon district, not being land for mining tmder ' The Mining Act, 1898.' It was not marked out by a person who desired and was qualified to take up the claim, or as much of it as was in the mining district, but by his agent's nominee, contrary to the provisions of sections 78 and 79 of ' The Mining Act, 1898,' and regulation 22. It was marked out partly on land open for mining and partly (illegally) on land not open for mining within the mining district and outside the jurisdiction of the warden, and without regard to the necessary making exterior and interior angles in accordance with the decision of Judge Conolly j in the case of Pearce v. Greville,' 15 N.Z.L.R., 735. Re marking out and by whom : I observe that' section 48 of ' The Mining Act, 1891/ pro-vide-3 that ' Any person desiring the exclusive occupation of land for mining purposes within j any district shall mark out the same by causing j to be erected at every angle therof a post,' etc. i In section 79 of 'The Mining Act, IS9S,' an<3 ] regulation 22, the word ' causing ' has been j left out, and the duty devolves solely upon the [.applicant. Sic— 'The marking out must be by J the person who desires and is qualified to take up the claim.' That would be, in this case, R. W. Hall, miner, holding a miner's right, j No 34,681. and dated 18th November, 1898. ] Under these conditions I am of opinion that j the objection on paragraph 1 should be sus- | tamed. Paragraph 2 has been decided by the ! Supreme Court in Appeal in favour of the ! applicant's contention — viz., that the applica- , tio)i should be heard and determined under the j provisions of ' The Mining Act, 1898,' and not i that of 1891, and that he was entitled to mart J off the land in question prior to the posting of the public notice that the land was open as Crown land, as if no license of the said ground had ever been applied for. And for these reasons I decide that the objection is sustained, and the application must be refused, and is refused accordingly, with professional fee of £2 2s, witnesses' and other costs."— Mataura Ensign.