WARDEN'S COURT.

Western Star, Issue 858, 9 July 1884, Page 2

WARDEN'S COURT.

Tuesday, Bth July. (Before H. McCulloch, Esq., Warden.) His Worship, in reply to Mr O’Reilly, said he would not grant costs in the case Smith v. O’Brien. James Hill applied for protection for 60 days. for water race at Round Hill.—Granted. All Cow, Ah Hung,and Ah Tung applied for a tail-race at Round Hill. There being no objections lodged, the application was granted. Ross Robertson, for f whom Mr Finn appeared, applied for a business site at Hirstville, Urepuki. Applicant handed in a miner’s right and business license,to show this was merely a renewal of an old light that he had formerly held. The warden refused the application, because it was against the public policy, and there bad’ lately been many protests against having business licenses and residence areas granted at. all. The ground woiild most likely be wanted, either to survey into the township, or for public pur-'

poses. It was different to a few years ago when there was no land open for settlement in that district. Currie and Gemmill applied to register a water-race at Round Hill. Robert Stewart, ■lsaac ■ MeEwen and N. E. Griffiths objected to the granting of the application. Mr O'Reilly appeared for Stewart and MeEwan. —John Currie deposed to posting the requisite notices in compliance with the act. —N. E. Griffiths ,objected to. the application on public grounds—that it would block off about 30 chains frontage to the sludge channel from the miners in general. Applicants had worked to the S W side of same ground some, years ago, and abandoned it; The ground blocked off was supposed to be auriferous; and comprised about 30 men’s ground. He. held an interest in the Dunedin race, a little further up, and if this country was blocked off, that race would be rendered valueless because there would be n* ground left to work. If Stewart and party’s application, about to come before the Court, was made for “ shepherding ” purposes, he would oppose it also, but he knew it was not— Stewart objected to the application, because apulicant, had . put a peg in this claim, and propose! to bring their race through his ground. About forty men’s ground would

be blocked off, which he bad proved by a prospect be bad taken himself to be payable. There .were-about 8 or 10 acres of it very likely ground for sluicing.—lsaac MeEwan, a partner of former witness, corroborated bis statement. —T. Gemmill said they bad been in possession of the witer-race for the past 10 or 12 years. It intersected a special claim they held from the Southland Provincial Government, as well as the ground they were at present working : and another claim t hey held ; and it did not command any payable ground excepting thsse claims. They were not going to construct the race at once, because the ground it commanded was so poor that it would not pay to make it until they could bring timber on to tlio ground at a die iper rate than at present. —The Warden said be must bo very careful against blocking off any ground ; but, at the same lime, unless it could be proved that the application would interfere with the prospects of other miners, be would bo in favor of granting it Ho suggested that as applicants did not want the race in the meantime, they

should let the application stand over for three months. This would give objectors ; b n op- 1 port unity to prove whether or not the ground I was payable.; it to be understood hat applicants had a prior application.—The application was therefore held over till 14th Oct.—ln ' icply to Griffiths, the Warden said there was no objection to a claim being marked off for prospecting purposes on the ground in dispute, but the race could not be interfered with Stewart and party, for whom Mr O’ Reilly

appeared, applied for permission to construct water-race at Orepuki.—Currie and Goimnill onposed the application on the ground that the race was not required for the working of applicants’ claim ; that they had reason to believe applicants were working in the interest of others, that the race would prevent part I of objectors’ special claim being worked, that | is would lead to a deal of litigation, and on ( other grounds.—John Simpson gave evidence [ to the effect that the race could be taken by a shorter route and at a much less cost, without interfering with other rights. —11. Stewart said the race j could not bo made along the route mentioned 1 hy last, witness, except at a very heavy outlay, I as the ground through which it goes is all I drifts and springs of water; Unit it would necessitate tunnelling or a very deep cutting, I

and the work could not be done in less than six months.—McEwan gave similar testimony, adding that they had not given Crow, the owner of the adjoining section, who was absent from the district at present, notice of the application, but had notified his stepfather, who did not object to it.—The Warden said if the race could have been made along the route made by Simpson it would have been much better for all parties ; but as it appeared from the evidence of applicants that it could not be done except at a much heavier expense, he thought the applicatim should be granted, subject to proper crossings being maintained over the race, and if applicants wanted to take the race through objeotor’s special claim, they (applicants) would have to flume it. Dimension of race to be limited to Ift. by Ift. No costs allowed.