WARDEN'S COURT.

Westport Times, Volume IV, Issue 737, 15 November 1870, Page 2

WARDEN'S COURT.

INANGAHUA JUNCTION,

BULLER.

Tuesday, November 8

(Before J. Giles, Esq., Warden.)

The first sittings of the Warden's Court for the luangahua and Lyell districts was held on Tuesday the Bth inst., at Christy's Accomodation House. There was a lp.rge attendance of miners, and the several cases were listened to with marked interest. We proceed to give particulars of the most important cases heard : Anderson and party applicants for prospectors' claim. Anderson and party appeared in person. There heing no objectors, aud the requirements of the law having heen proved to have been observed, the application was granted. No. 1, North —Davies and party applicants for 6 men's ground. Counter application, by Williams and party, for 3 men's ground. Counter application, by Kobert Tapley, for one man's ground. Mr William Pitt appeared for Williams and party, and also for Robert Tapley, so far as the interests of the parties did not conflict.

The applicants did not appear, and the Warden expressed some doubt as to whether he could go on, the absence of the party being probably caused by the flooding of the rivers. Mr Pitt contended, under the circumstances, that no such excuse could be admitted. The applicants ought to have guarded against such contingencies. His clients and others had taken care to be in attendance, and great inconvenience woiild be occasioned if their claim should be postponed another month. The Warden, after consideration, assented, and asked if any one representing the applicants was present. Feargus Campbell, a wages man, came forward and was sworn. He proved that he was put on to represent 6 men's ground by Davies. A man named Moth was put on with him. Witness clamed a share in No. 2, North—only held one miner's right —no one else represented the ground. Joseph Potter, one of the prospectors, was then called, he stated that he had pegged off No. I, North, at the request of Davies. In cross-examin-ation he stated that he had also pegged off G men's ground No 1, South, at the request of Davies.

Mr Pitt then called John "Williams, who proved that the prospectors had pegged off too much ground, that on discovering this, he, in company with Walsh, pegged off three men's ground. Mr Lewis, the surveyor, had then moved the prospectors' northern houudary to the southward. Campbell, who had been working in the northern, end of the surplus ground came and worked nearer the prospeetors' boundary. He said he and Moth represented sis men's ground for Davie?, and that they held special protection saw Davies the same I day, and told him of pegging, when ] he also said the ground was specially! protected. William Walsh gave similar evidence.

Mr Lewis, Government surveyor, gave evidence of the shifting of the prospectors pegs, as also did Anderson, one of the prospectors. Mr Pitt then addressed the Court, contending that his clieut must succeed—lst, Because the ground had never been properly takes up, there being no sufficient bona fide party in existence at the time of pegging ; 2nd, That if thero had been, the ground had never been properly represented, and right would have lapsed, and having lapsed, it could not revive. On the other hand, it was apparent that hero was surplus ground, that Wih j liams had been vigilant and had | marked it off, and had, with his mates, held it ever since. On these, and for other reasons ui'ged, counsel submitted that "Williams and party and] Tapley were entitled to registration! for four men's ground. The Warden, in delivering judg" J ment, said it was clear to him that the j ground had not been taken up within j the meaning of the Goldfields Acts j

ind Rules, and it was equally clear that the ground had not been properlyrepresented. A question bad arisen is to the miner's right of one of Williams' party. No doubt a miner's right was necessary, and the want of tat the time would have been fatal; jut inasmuch as no new or intervening 30ssession had been alleged, he was of jpinion that the miner's right proluced was sufficient. The registration vas accordingly granted. MiPherson and party, applicants or No. 2 North. Counter application >y William Logan for one man's jround. The applicants appeared in person. Mr Pitt appeared for Logan. The taking up of the claim was admitted, but it was contended by Logan that the ground was not properly represented, three of the party being employed iu different claims elsewhere. The evidence of the parties was taken, when the facts alleged were proved. Counsel having addressed the Court, the Warden adjourned to consider judgment, which, on the Court resuming, was given in favor of Logan, who received registration accordingly. M'Crae and party, applicants for No. 3, North. Counter application byO'Brien for one man's ground. The applicants appeared in person. Mr Fisher appeared for O'Brien. From the evidence it appeared that O'Brien had been originally mates with M'Crae and party, but, through some disagreement, had not continued with them. It was contended by Mr Fisher that O'Brien bad a right to withdraw from the party. He wished to be a hatter, and he had a right if he thought fit to hold his one man's ground. The applicants said they were willing to let him take one man's ground at the north end of the claim. The Warden said there was no distinct pegging of the one man's ground, but he should give O'Brien the option of pegging off at the northern end, and grant him a separate certificate. O'Brien refused to accede, and the registration of applicants was granted as applied for. Davies and party, applicants, for No. 2, South. Counter application by William Logan and Watson Braithwaite, for 2 men's ground adjoining prospectors. There was no appearance for applicants. Mr Pitt appeared for Logan and Braithwaite. The facts relied on were similar to those in No. 1 North, and, after hearing evidence and counsel, the Warden granted the registration to Logan and Braithwaite. There were several other applications either unopposed or only opposed as to trifling details, and registrations I were granted accordingly. The Court adjorurned at a late hour until next day. The Warden subsequently supplying the successful appli- , cants with their certificates of regis- ! tration.