WARDEN'S COURT.—Yesterday.

Thames Advertiser, Volume VIII, Issue 2073, 17 June 1875, Page 3

WARDEN'S COURT.—Yesterday.

(Before \Y. l?r tsER, Esq;, Warileii.)

THE TAIRUA CASES—SETTLEMENT.

It had been arranged that the Warden's Court should sit this morning at ten o'clock, in order to get through the business as quickly as possible. At that hour, however, it was reported, to the surprise of everybody, that negotiations were in progress for a settlement. This rumour was confirmed by the fact that tho Warden did not take his seat at the hour appointed, and that the counsel and parties were all closeted with him in his room. At half-past eleven o'clock the Warden took his scat, and the cases having been called, ho announced that they would all be adjourned till three o'clock, He might say that this adjournment was with a view to mature matters for a settlement of the dispute. The Court then adjourned, and the conferences were renewed. We understand that the basis of the agreement was soon settled, and that the difficulty was in arranging the details in connection with the different parties, so that there should be no chance of a hitch in the future.

At three o'clock, the Court sat again, when there was a large attendance, Mr Hesketh said that as the Court was aware, he had appearod on the preceding day, with Mr Brassey, in support of the application. Since that time, tho parties had met, and had come to a settlement of the questions in dispute, not only a settlement of the question of the right to tho land, but of all the objections, with the exception of the natives. Mr Tyler: That is a friendly objection. Mr Macdonald: They have fallen out since. Mr Ilesketh said it had been arranged that the whole of the objections should be withdrawn, and that the application of Neves should bo granted on certain terms arranged,

His Worship said he had asked Mr Dodd, who had appeared yesterday for the native objectors, to be present. There had been a good deal of communication between tho General and Provincial Governments and himself with regard to this matter. Ho had thought carefully over this point since the preceding day, and he did not see that he could do anything else than sustain what he had said yesterday, that the Maoris in their objection wanted to go behind the Governor's proclamation, which he was there as Warden to see carri&d into effect, so that this objection he could not take any notice of. He had asked Mr Dodd to be present, so that he might have the refusal of the Warden to entertain their objection as a basis of any action his clients might think fit to take. Mr Hesketh said he might say that it was a part of the arrangement that the license should bo granted in the names of John Neves, George Samuel Graham, and John Edwin Macdonald.

His Worship, having ascertained that all the objections and plaints were withdrawn, said that to comply with the terms of the Act, a claim must not exceed in length twice its breadth, unless it were jammed up by other claims. It would be neeossary to throw off a portion. He.presumcd Mr Hesketh was willing that he should do so in this case. Mr Hesketh said he consented. Ilis Worship said as there seemed now to be no objection, and to prevent auy mistake, or any person getting behind tho arrangement, he would sign the license at once, and deliver it. His Worship then signed the license, and hauded it to the cleric of the Court for registration and is3ue. Everybody in Court seemed glad that the matter was ouded, and there was somo cheering when the license was signed and handed over.

Mr Macdonnld said a small piece of paper bad been banded bim by bis friend .Mr Jackson, which was apparently directed to another party, and which said that Mr Macdonald should bo asked to withdraw tho expression ho bad used on the preceding day, that ho regretted that Neves was associated with those who bad brought him to this. He did not reinemher, but ho supposed he did say something of tho sort yesterday when addressing the Court. There was no doubt that counsel often did use expressions which upon reflection, and apart from the interest of their clients, tbey would not have used. If

yesterday he had said anything which would tend to sow dissension between Neves and those associated with him, he hoped it would be remembered that they were only the words of counsel acting for clients, and must be accepted with considerable latitude.

Some one said to Mr Macdonald that tlio remark had been made by Mr Tyler, and Mr Macdonald said that he found he had been apologising for what he had not been guilty of. The Warden said, as they seemed to have departed from the main subject, he might express a hope that they would be successful in getting every dispute in connection with Tairua settled iu as satisfactory a manner as this had been, which at first had appeared as if it would take a long time. All those who had ground in dispute should look upon matters in a liberal spirit, and be ready to give and take, so that the miners could get to work. That three parties should be working in such an area as this was more in accordance with the spiiit of the Act than one party holding a farm of thirty acres. He hoped that other parties would endeavour to arrange matters, and act in a spirit of justice, so that as many as possible might get to work. He hoped also that all of them would be rewarded by plenty of gold. (Cheers.)

The following is a copy of the agreement above referred toMemorandum re John Neves' application for license: Miller v. Neves and others. Miller v. Neves. Miller v. Neves and others. Bergin and others v. Neves and others. Hesketh and Brassey for Neves; Macdonald for Bergin and party and Miller. Miller's objection to bo withdrawn. JBergin's objection to be withdrawn. Wickham's objections to be withdrawn. Neves' application for license to bo granted; and license to issue to Neves, G. 8. Graham, and Macdonald. Macdonald's name to join license as security only for the fulfilment of the following conditionßergin-and. party to have their claim as they now' claim it, consisting of l'lj men's ground or thereabouts. Macdonald to have 20 men's ground, situate at northern end of Tairua claim, to be taken in a block, of which the north-west peg of prospectors' shall be the north-west peg, and in such a form that its length shall, within sis links, be equal to twice its breadth, and tho breadth of which shall be taken on the western line of the prospectors' claim. Bergin's objection to be withdrawn, in consideration of his having his claim to be obtained iu manner hereinafter mentioned; and tho other objections to be withdrawn in consideration of Macdonald obtaining the said 20 men's ground, as heriuafter-mentioned-that is to say, the ground to be given to Bergin and party and Macdonald, as beforementioned, shall be acquired by their respectively marking out their allotted portions _ as claims, and by obtaining licenses in respect thereof, to !ho applications for which licenses no objections whatever shall be made to any of the parties hereto, so that the -same bo granted and secured to the parties respectively as hereby agreed, and each of the parties shall and will do and execute all necessary deeds and documents to carry out and effectuate the intentions of the parties as hereby expressed. On tho said portions of land being so secured to Bergin and party and Macdonald, the latter to assign and transfer to Neves and G. S. Grabam, or their appointee, all right, title, and interest whatever in and under the said license to be granted to Novcs, G. 8. Grvham, and ; Macdonald; and in order to facilitate tho obtaining of the said licenses to Bergin and party and Macdonald, Neves, G. S. Graham, and Macdonald shall, on the request of the Warden, execute all necessary deeds and surrenders of of so much and such portions of the licensed grounds held by them as shall form the sites of the said portions of ground to be applied for and obtained by them, Macdonald and Bergin and party, respectively, in terms hereof, all actiona now pending to be withdrawn, and Macdonald to Bign this for all objectors and all complainants in actions, and Hesketh to sign for tho applicant and all defendants iu said action and Neves' present assignees.- J. E. Macdonald, .Edwin Hesketh, John Neve (x his mark), John D, Wick a ah, J. A. Milled, W. B. Jackson, John Beegin, Nikokiiia Pouiotara, Geo. S. Gbahaji. —Wickham agrees with all the parties to hold, at the disposal of Neve and party, any ground he may acquire under his application foj Commonwealth license, which is not within the area to be taken by Macdonald, under terms of abovewritten agreement. Wickham also agrees to prosecute the said application, Neve and party paying the cost thereof, this and above writing to be read together—John D. Wickham.—Dated Wednesday, June 16,1875."