WARDEN’S COURT.

Western Star, Issue 2178, 9 February 1898, Page 2

WARDEN’S COURT.

Tuesday, February 8.

(Before J. W. Poynton, Esq., 8.M.)

Caleb Froggatt, special claim .40 chains above Redoliffo Creek, Waian.—Survey ordered ; final hearing fixed for 28th Matthew Hayes, prospecting area, Sloan’s Terrace, Longwood.—Refused Ross Robertson and Rob-rt Garvic, quartz claim, two men’s ground, adjoining Matthew Hayes and J O’Dowd’s ola m.—Adjourned Feb 22nd

Morning Star Goldmining Co., water race, Preservation.—Granted

Hugh Rrskine and John H. Treseder, extension of water race commencing at the head of race No. 9537. and terminating at a point 2 chains above the bead of Dundaa and Co’s race No 9522, West Waian.—Granted Duncan Dundas and others, application to pick up water from Mason’s Creek and BrsKine’a Creek at 91 and 13 miles respectively from applicant’s claim at Waian —Granted Sunrise Gold Mining Co, water race, commencing in a creek one mile east from Te Ooeroa, and running into the sea through Froggat’s licensed holding. Also dam and authority to discharge debris on rented laud (Last Chance claim)—Adjourned Feb 220 d John Evans and others, application to extend head of race to a point in the Waimeatnea Creek four chains above present head, Orepnki—Adjourned Feb 22nd John Fitzgerald and Thos O’Connor, tail raoe, commencing in Michael Reid’s tail race in Weston’s Gully, Orepuki, and terminating at applicants’ claim in Clark’s Gully— Granted, on condition that the working of Whelan and party’s claim is not to be interfered with in tho working thereof, and all gold taken om- of the said claim in the constrnction of the tail rac*> is to be given by appicants to Whelan and party John Fitzgerald and Gerald Fitzgerald, dam, situate on Mrs Love’s dairy farm. The dam is partly constructed and known as Black’s dam at Orepnki— Mr Yonog said Black had pat in a claim for the dam, and he therefore asked for an adjournment. Granted

Duncan Dundas, protection for three weeks of extended claim, west Waiau—Adjourned to March Bth

Daniel P Walker, application to exchange occupation license for a lease under Section 16 of “ The District Lands Occupation Act, 1894 ” Jas Miller a similar application to above—Both were granted, Mr Young for the applicants Herman Sorenson and party v. J Y Taylor, Waian Claim £7, for rent of water and purchase of land Judgment for amount with costs. Mr Anderson for plaintifl, and Mr Evans for defendant DISPUTED APPLICATION, James O’Dowd and Matthew Hayes, prospecting ares, Sloan’s Terrace, immediately above Sloan’s old workings, Longwood- Hayes objected to O’Dowd’s name being on the application, and said it had been put on without hie authority. Mr Anderson appeared for O’Dowd, and Mr Lyle for Hayes. James O’Dowd deposed that be was a baker residing in Riverton. He had posted the notices, and maintaned them the statutory time— Cross-examined ; So was in pirtneisbip with Hayes in the claim. They bad no written agreement; it was simply a verbal one. Had not prospected in the Longwood. If Hayes said his (witness’) name bad been put in the application without his (Hayes’s) authority he was not telling the truth—James Fish deposed that he accompanied O’Dowd to witness the posting of tho notices. He knew nothing about the alleged partnership.— Matthew Hayes deposed that he was a miner, and had prospected for four yea-s in the Longwood. He employed James Taylor, mining ng-mt, to make out the application for the claim for him. Ho made it out, and handed it to witness with the remark that, he was to show it to no one, but to take it up in his pocket and post it on the peg. When witness was going to post it he saw James O’Dowd’s name on it, and therefore did not post it. He took it to the mining registrar, and asked for a new form—Cross-examined : Mrs Taylor took out his miner’s right, and he paid “ ten quid across the_ counter to her for tucker and miner’s right.” Witness said he cut and put in the pegs, Mr Taylor assisting. Denied that a noiioo written by O’D >wd had been posted on the claim warning trespassers, or that snob notice contained both their names. O’Dowd was not in the bush with him for three days—Re-examined s D'd not read the notice when he first got it from Taylor. Taylor (old him not to show it to anvone. He would not put it up when be saw O’Dowd’s name on it. Told Tavlor whm bo came back, when ho asked him if he bad posted the notice, that it would only be cutting his own throat to do so, ns it was making O’Dowd owner and witness prospector. He would prove that the notices had not been posted—Mr Lvle asked for an adjournment for that purpose—The Warden said no objection had been lodged on that ground—Mr Lyle said when he made application for Hayes, O’Dowd’s application was in bis (Hayes’s) pocket—The Warden said to sancti' n that wonld be t > allow Hayes to defeat his own partner—Mr Hayes :Ho is not my partner—James Taylor deposed that hi 'fch O’Dowd and Hayes instructed him to make out the application in th ir joint names -Cross-examined : Was certain Hayes instructed him to Jrsert O’Dowd’s name. He understood O’Dowii and Hay s were partners. Hayes told him in the Longwood and also offered him a share in the elaim, but witness told him he did not want it. Hayes’ sole obj r crion to the application was, in witness’s opinion, that O’Dowd’s name came first and not his.—James O’Dowd (re-called) deposed thar a notice intimating that the claim bad been marked out had been posted, and that it bore the two names. He had paid for Haves’s miner’a right, and tho money had not yet been refunded—Tho Warden said the man who first put in the application got the ground. It did not matter who owned it or wbo found it. would therefore grant the application in the names of both. As to the two names being on I the application, that was a matter for tho parties to adjust independently of the present npplieariou. AN INTERESTING POINT.

J. W. Wilson lodged three applications one for permission to alter a water race belonging to Fitzgerald) a second to alter ono belonging to Ralston, and a third to alter one belonging to Weston end party. Ibo races are sitnated at Orepuki. The two former were granted subject to the consent of the owners being filed. Weston and party, for whom Mr Hal! and Mr Lyle appeared, objected to the third, Mr Moffett and Mr Andereon for applicant. At a previous hearing Mr Lyle pointed cut that the Warden had no power under the Act to grant the application where the owner of a race objected, and tbo point was adjourned for argument. This was now heard. Mr Moffett contended that the Warden had discretionary nows', and if he wore satisfied that no one would suffer, any damage, he could grant such an applioat on, quoting many sections of the Act in snnport of his contention. Mr Anderson said if the Warden thought there was an omission in the Act, then Regulation 89 should be taken as an interpretation of such omission Mr Hall contended that while the Ant allowed a race to be constructed under or ovnr another onii, it no where gave the right to i party to divert a race and out a dam in its place, os applicant wished to do The Warden said |be had looked carefully into the matter, 'apd was satisfied there was either an omission in the Act or else the Legislature intended thar- a race should not be interfered with by an outsider. He was of opinion that no partof the Act idlowed an outsider to sbift a man’s race to build a dam. When a nian had a v sfe t right it cnnld not be taken, away by implication. Only legislative power could do that. There was an omission in the Act. and he would sec that it was m!>de good in tho new Act, so that a Warden could pertnr a race to be shifted provided phe equally as good was substituted. The application was refused, ousts £4 4«,