MINING NEWS.

Southland Times, Issue 19102, 20 July 1903, Page 2

MINING NEWS.

Per tJnited' Press Association.'

; ' ■-';: BIINEDIN, July 1U; Dredging returns : SEfinnsCleUgh* n. 66 oz lOdwtf . JVaikafca, 21 qz lOdwt, MaiN Charlton. 17pi, Gabriel lObz Sdvrt, Clyde 7oz lOdwt, BlackAVater 3lo» : 'A dwt, »Maori King lOosldwt, Leviathan. 14osr. lOdwt. Many, .dredges haye , been stopped Jthrougb frost or from waut jof ■■coao.:'"' .■•'".■"':.'."■''■:■■ ■ •■■■■•'■ ; - ; - ''- U- ■■_/■'- '-'■-:■ I The Gabpie's dredge, ueor Lawreaco, | sunk on. Saturday. ; ;. ' > At the Warden's.-. Court ; at - Orepuki oa ; I W«l«cs«Uvy, 15th jn~St., before Mr S: B. McCarthy, Warden, J. W. and F. H. "Wilson, applied, under the Mining A?t, for the forfeiture of d license issued to J. Arthur and W- llidttell for a branch 1 tap-race, granted by the . W»r d en : nt Hiverton some time ago.-r-O'x \V.' Stout for applicants ; iMV iArmstoad for the defonxiants.— tJlr - Stout ,«aid ; tha^-tha facts applicants were pwnhprs of- n Vace iicar" .Qrepuki, ■ known "~as i^uny ? sv Creek .taii-ricj. Last January the aeiendiants ■ lodged- an appjicatioh lot

■■■* S^SfiiiancK' tail-race t o nm into this creek. It -was -adjourned from tune totime and was eventually remold for Sing to Kiverton. " No notice was. "'iiven to the Wilsons- of the application, as required by the regulations under the Act and consequently no objection was put' in by them. Counsel did not . sug-. cest that the removal to Kiverton waa to prevents the ' iWilsons knowing fobouV the grant, but it was very unfortunate that no notice , had been given. Ttoe applicants contended- that the ; grant interfered with their rights on tne main tail-race, and that it could only havio been made. bn r . teams to be fixed by thu Warden, so as to-, conserve their interSeotsV- Under the circumstances, they asked for .a"-" 'decree of forfeiture on tn<> ground-. a< fraudulent misrepnesontation, with a^^view,; upfc of preventing tho tlefeiidahtsJ^discliarging into the ta.i -race, but- : :6f- the grant being made subject to the- applicants' \ a v S :given in support of this statement by J^_W. Wilsonj— For the defence Mr Armstead contended that the evidence showed that one of the Wilsons was aware ol the appUcatioh. and that they snould have it once loogal objections, m which case the removal to Riverton would not have taken place ; (H) that tte^upplicants had laid their tail-race through the bed of a natural water-course, and could not prevent, the defendants discharging into it: and (3) that no fraudulent misrepresentation had bteen shpwiV.— Mr. Stout having, replied, the Warden lorfeiiqd the license. Tne mining regulations provided that every applicant for mining privileges should give •notice 1 ' to' all persons ;, afiected ny a grtantV'and the Watiaen invariably aacpd applicamts , /whether :. the regulations had been complied with, and ■■ whether tne Vrantr would adversely n fleet the interresits" of ' other^ Persians. ■ The defend ants had clearly hot cbanplied. with the regulations, :and the- fF*p% '>**& therefore been-rmade^undOTra misrepresentation ol fact tovihe'AVaTdeii: Miners should tai'e note-that -answers to the usual questions ftut'iibiefQirec; : granting applications must hot^be' looked upon as a mere formality. ■X2 iße costs were allowed.