WARDEN’S COURT.

Western Star, Issue 2218, 1 July 1898, Page 2

WARDEN’S COURT.

(Before Major Keddell, Warden.)

The Hound Hill Mining Co. applied for a special claim of six acres at Round Hill, This was objected to by the Ourawera Mining Co. Mr White (Dunedin) appeared for the former, and Mr Hall for the latter. The grounds of the objection were (1), that the granting of the application would prevent or interfere with the working of other claims and mining rights in the neighborhood ; (2), that part of the land inolndsd in the application was not open for application; (3), that the ground had not been properly marked out in accordance with the Mining Act; and (4), that tho granting of the said land would be against the provisions and intention and objects of the Act. Evidence for the objectors was given by the manager (J. Ramsay), H. R. Dundas (surveyor), Robt. Massey, and Jos. Clarke. The taking of evidence for

applicants was adjourned to next court day. Mr Hall put in a law report allowing that the Round Hill Company had agreed in the statement of a case for the Conrt of Appeal (o reoognise the Ourawera Creek as a sludge channel, and, contending thht the claim applied for took in patt of the two-chain reserve which had been made on the Onrawera creek hy Warden 1 awson, cited the case of A. Fraser who had been refused a claim by Warden Poynton on the ground that it was within the two-chain reserve. He also said the Round Hill Mining Co. had been granted a special claim subject to a two-ohain reservation along the bed of the creek, Mr White said regarding the first objection he would limit it to the present application. Mr Ramsay said it would interfere with the working of his claim, bnt he would call expert evidence to show that it would not. As to the second objection, that part of the land included ia the application was within the iwo-ohain reserve, he would prove that Warden Rawson said nothing whatever abont the creek above the Bound Hill Company’s wing dam. When' he (toe Warden) visited the locality (at the time when the miners objected to the sheathing put in by Mr Evans) ha stood at the wing dam, looked down the stream, and d*creed that down the creek must be kept open. There was notbiog before him to bring the upper part of the creek under his notice. Mr Hall had pat in a report to show that the Ourawera Creek was to he considered a sludge channel. The evidence of Mr Clark showed that the Onrawera Company had diverted the creek from the straight course laid down by Warden Rawson, and he would call evidence to show that that company hid by their operations sent the stream round on island o quarter of a mile away from the original course. Passing the third and fourth objections as inconsequential, counsel said when Mr Ramsay originally started to mark ont the pipe line to work the upper ground, he marked it out in its proper course, a direct one (sketch put in) from hie present pipes to the point at which he proposed to work. That line was 52 chains long. The portion completed and in use was 48 chains, so that to work his claim the proper way he only required four chains mote of piping. The route now marked out for the pipe line would reqairo 50 chains extra piping, which wonld entail an expenditure of, according to his application, of between £6OO and £7OO to arrive at exactly the same thing as hie original line would have brought him to. Counsel would also prove that Ramsay, after marking ont the proper lido (marked red in the sketch) on learning that the Round Hill Company had pegged cut a claim, altered his pipe line and pegged ont through the Round Hill Company’s ground. That pipe lice was now pegged ont as parallel with the boundary of their claim, and as they worked their claim there was nothing whatever to prevent them taking the pipes up inside their boundary. He would further prove (hat in order to work the claim they would be driving water and material up hill and losing an effective head of water all, the time by following the course they proposed to work this ground. Ho would also prove that Mr Ramsay had pegged the Round Hill Company’s application after they had pegged out, but bad not made any application for il. The following applications were granted s—■ G- Lee, special claim, Preservation; C. Frnggatt, special claim, Redcliffe creek; J. Giffun, special claim, Waiau River; W. N. McLean, branch race, Orepnki; C. Froggalt, special claim, Takitimo district; 0. Froggatt, special claim, Waian River; Jno, McLeod, extended claim, Round Hill; D. McLeod, water race, Lake George, Round Hill; R. and

Mary Bennett, three months’ protection, claim, Or> pnki; D. Smith, water race, Ron nd Hill; E. Rose, residence site, Bonnci Hill ; Oarawera Company, macoina sit 6, Round Hill. Applications adjourned to Joly 12th R. Brodriok, special claim, L»ngwood ; T. O’Brien,tail race, Round Hill; Jno. McLeod, tail race. Bound Hill; D. Smith, tail race, Round ill; D, Smith extended dim. Round Hill; W. J. White, meuUnre sue, Otepnki ; W. N. McLean, residence e,tv, Orepuki; also tail race, and protection claim, Orepuki; J. Fitzgerald, residence site, Long* wood.

Applications adjourned to July 26tb Jos. Henry, residence site, Cattle Cove; 0. Bates, prospecting area, Preservation; C. Bates, extended cUim, Preservation, Applications withdrawn : —O. Bates, ordinary claim, Orepuki, costs £1 Is allowed objectors’ solicitor ; Chss. Lynohj ordinary claim, Orepuki ; Hugh Gorkin, protection claim, West Waiau.