WARDEN'S COURT. Thursday, 26th May.

Tuapeka Times, Volume XXX, Issue 4553, 28 May 1898, Page 3

WARDEN'S COURT. Thursday, 26th May.

(Before R. S. Hawkins, Esq., Warden.) SPECIAL CLAIMS.

Joseph Slater (Mr Fiulayson). Special claim, Waipori district. — Granted.

W. F. Smyth.— Special claim of 90 acres at Wetherstones.— Adjourned to 10th June. 1898.

John Harris and party (Mr Dalziell). Claim of 54 acres, Tuapeka Flat. — Adjourned for survey.

William M'Clelland (Mr Crooke). Special claim of 46 acres, Clutha river.— Objected to by Messrs Edie and Kirkpatrick (Mr Finlayson) on the grounds that the applicant at present held the laud applied for with the exceptions of two acres as a special claim, that the dredge which was working the ground had been sold and removed in the month of September, 1897 ; that no work had been done on the claim since that date, and that the land applied for was situated on tho banks of the Clutha river, adjoining objt-ctoTs' claim, and could be profitably worked by them with their present hydraulic plant and water-race. Mr Finlayson contended that the object of the present application was simply to avoid cancellation and an attempt to defeat the Act. — Mr Crooke contended that bis learned friend could not raise these objections now, he had not set this last assertion out in the object tions filed.— His Worship asked if it was correct that applicant already held the land applied for and being answered in the affirmative, said the Court would not be a party to any attempt to get round the Act. If the applicant already had a grant for the land as a special claim, why should he apply for a second grant for the same ground ? To Mr Crooke : Have you any reason for asking for this ground. Mr Crooke said he would put the applicant in the box. — William M'Clelland, miner, Millers Flat, said he was the holder of a special claim dated 7th April, 1896. He was now applying for a special claim including the same ground and sections 28 and 29, block 15, Crookston. He had worked his special claim till the time the dredge sank. After she was raised the company sold her as she was not capable of working the ground and they had made several unsuccessful attemps to replace her with a more suitable dredge. They decided to get more capital to put on a larger dredge, and they had entered into an agreement with that object in view with the Hon. Mr Bolt and Mr W. T. Talboys. This additional capital was subject to the granting of the present application. — Mr Crooke explained that if the application were granted no time would be lost in getting the dredge on the ground, and there would be no loss of time for survey as that was already done. — His Worship said he would adjourn the case for- the production of the agreement referred to by applicant.

EXTENDED CLAIMS.

A. M' Arthur and party (Mr Crooke) : 5 acres at Post Office Creek, Waipori. — Granted.

Jame3 R. Parker (Mr Crooke) : 1 acre at Post Office Creek, Waipori. — Granted.

WATER- RACES.

Alexander Sutherland and party (Mr Dalziell) : Water-race terminating at German Flat. Objected to by Mr John Sutherland and Mr Wm. Murray, through whose properties the race passed. Mr Finlayson appeared for objectors. — Mr Dalziell said the only question between the parties was that of compensation. He would simply ask the Court for a grant conditionally on the applicants not going on the ground till this matter was arranged. — Mr Finlayson asked for costs. His clients had twice been put to the expense of defending their interests in connection with this race. — Mr Dalziell said he had never heard of costs being asked in such a case before. It was not, as suggested, the same party who were applying for the race. — The Warden thought they were practically the same applicants aod under tbe circumstances was of opinion the defendants were entitled to costs. He would grant the application, subject to compensation being arranged, with costs to defendants (£2 2s). Wm. M'Millan and party : Race at Post Office Creek, Waipori. — Granted.

James H. Parker (Mr Crooke) : Race al Post Office Creek, Waipori. Objected to by Messrs M'Arthur, Joseph, and M'Millan (Mr Dalziell). — Dismissed on account of the informality of the application, which failed to show the mean depth, breadth and quantity of water proposed to be diverted. W. P. Smyth : 3 races at Waipori. Objected to by the Jutland Flat Dredging Company. — Adjourned by consent.

MISCELLANEOUS.

James M'Kay was granted a renewal of his prospecting area between Blue Spur and Wetherstones.

Matilda Resta was granted a residence area of 1 acre at Waipori. C. Matthews' application for a residence area in Gabriels Gully was adjourned till next sitting.

SUITS FOR CANCELLATION.

Smythe v. Gascoigne.— Suit for cancellation of special claim at Wetherstones. — Adjourned to next Court day (10th June). John Kirkpatrick (Mr Finlayson) v. Chas. Bennet (Mr Dalziell). — Suit for cancellation. — Adjourned till 10th June.

APPLICATION FOB AN INJUNCTION.

J. W. Robertson v. W. F. Smythe and party. — Action for damages for allowing silt and tailings to be deposited on plaintiff's claim and an injunction. Mr Finlayson appeared for plaintiff and Mr Crooge for defendant.

The evidence for the plaintiff was taken in the case and on the defence being entered on an adjournment was made for the purpose of getting authentic evidence as to the course of 1 Wetherstones creek at the time the tail race on which right (be defendants were acting was granted,