WARDEN'S COURT.

Inangahua Times, Volume II, Issue II, 1 October 1880, Page 2

WARDEN'S COURT.

(Befoe Mr Warden Bevell.) Applications, Maurice Dore, tail-race, for mining purposes, at Devil's Creek, terminating at tbe end of Chinamen's claim. The application was granted. Manning and Bailey, fto appearance. F. Willis, dam and headmrace at tbe bead of Murray Creek. Granted. Philip Salmon, application for protec tion. Adjourned. C. E. Neilson, branoh«race and dam, the former terminating on the east side of applicants claim at Lankey's Gaily. Granted. Golden Fleece Extended Company, special claim to include tbe leases known as the Ajax and tbe Golden Fleece, witb three acres additional. Mr J. Trennery said that the reason for the application was that tbe com* pany's ground was at present held under two distinct leases, necessitating the maintenance of a complement of nen on each. They required that the existing leases should be cancelled, and a fresh leased issued to include the whole area in one. The main shaft had been sank to a depth of 644 ft, and it was intended to drive into tbe Fleece ground from tbe shaft, a distance of 210 ft. The boundary of the Fleece is 130 ft from tbe shaft, but the Fleece workings are 210 ft. There are between fifty and sixty men employed in tbe mine at the present time, and this number wuuld probably be inoreased fit her than diminished. The mine bad been constantly working since 1871, and the average number of men employed during that time was between thirty and forty per week. The company have gone to considerable expense. There are two engines employed on tbe mine, one 12 and the other 14 horse power, as also a 15 -head battery, and other works. The company were prepared to surrender their present leases upon the grant of the new one. The Warden said he would recommend tbe application. There was a similar application on behalf of the Venus Company. Mr Trennery said that tbe company held a lease of 16| acres, and an additional grant of 7 acres, and they desired the whole included in one lease. It was intended to work the ground from the north side of the range, which would bring the mine nearer the battery, and. thereby cheapen the coht of crushing. There were no men employed on the j mine at present. The company bad crushed 2000 tons of stone, which had left them in difficulties. They purposed spending £12,000 on tbe mine, £600 of which had already been called up. If the company obtained this grant they would be able to work the ground muoh cheaper. It was intended to employ the fall complement of men. Between fire and sis thousan 1 pounds had already been expended upon tbe mine. The Warden said he would recommend the application. BEEOHE V. WEICOME COMPANY. This was a complaint that defendants hnd interfered with complaint's ground in Boatman's Creek by constructing a dam, and thereby backing water over his claim. Wherefore complainant prayed that defendants be ordered to desist from sucb interference. Mr Lynch appeared for the defen* dants. John B. JBeeche t I am the holder of an extended claim in Boatman's Creek, and produce tbe original certificate of the ground. I also produce subsequent trans* fers. Ihe area is 30 ft x 1000 ft. The ground was granted for treating tailings j in the creek under extraordinary diffU I cullies. I have hold possession of the ground since tbe 28th August la3t. The reason I state this is to bring in the Wei* come encroachment. On tbe 28tb August I was at Boatman's, and met the Welcome i manager, and he asked me for my lower pegs, which I slowed him. This was tbe first time I had been asked to show them. He took me 200 feet higher up the creek, and showed me a peg which be bad always taken as my boundary. He also stated that it was his intention to raise

his dam- I objec'eJ to his doing so, as it would interfere with my claim, I then wrote to the Welcome Company, explain* ing the precise situation of my ground. On the 6th of July last, I wrote to tbe directors pointing out that as my claim extended for 1000 ft up the creek they could not lift water from the creek at the t point they proposed. I further wrote objecting to their constructing a dam below my dam, as it wou'd back water over my claim. The company have built a darn 45 feet below my lower pegs, and backed the water about 100 feet on to my claim. If they continue to build the dam my ground would be thoroughly useless. Tbe outlay by me on the mine and in connection with it, is £50 18s. Cross-examined : I obtained an exs tended creek claim. I pegged out the claim when I applied tor it. I pnt the N. peg first at tbe edge of the creek, and then fearing floods I put a mark over it as a trig station. I put another peg immediately under the battery, and the , other at right angles across the creek The lower pegs I put in the bank. Since the Welcome commenced to cut their race and erect their dam I ha7e been in ! continual annoyance about the pegs. Tbe j pegs 1 put in 1879 are not the same as those now in. I have not shifted them. I have maintained the pegs repeatedly. I can prove that the pegs bare been knocked out and trenches filled. Tfo present pegs are as nearly as possible in tbe same position as those first put in. George Farraly : I am employed by Mr Beeche in Boatman's Creek. I recollect the 28th August, the day we went round the pegs. I saw tbe pegs, and they were all standing. Since that date the pegs were down, and two of them were missing. I renewed them in tbe same places. The trench on the S.E. corner was partly filled in, but I don't think it had been done wilfully, but by timber being thrown -down the bill. Since then I have been constantly engaged maintain* ing the pegs aud walking round them. The protection- board was on the opposite side to the batttery, on a Leap of tail-* i ings. j This closed the ease for tbe complain* ant. Mr Lynch having opened the case for the defendant, called tbe following cvi« dence :— Frank Booney : I am mining minage • for tbe Welcome Company, Becollect I applying for a dam in Boatman's Creek, and obtained a certificate. Started to build tbe dam about the middle of June, and in July set the foundations. Did not at this time notice any pegs in the creek. There are pegs there now. Our dam is 17 chains 90 links below tbe Justxin -Time, and it has backed the water close on two chains. We intend to raise the dam 6 ft, and that will back the water about two and a»half chains, and there is a bank of timber at that point. The bank of drift wood as it stands would prevent the water from backing beyond it up the creek. Complainant's lower pegs are withont two chains lower down tbe creek than the driftwood, Cannot say to what extent the backing of the water would interfere with complainant's workings, i When I went with him to see the pegs complainant said he did not know where his pegs were. He pointed out a peg on tbe S.E. bank of the creek, and about a chain higher up the creek than the peg he now claim. Have been to bis upper pegs. Tbe machine site is on Caple's Creek, and tbe peg would be opposite the battery. Crosssexamined by complainant s In August I asked you to show me your pegs and you showed me one only. You pointed with your hand, and said they were there somewhere, but you could not exactly tell where they were. You told me that you could not find your pegs. You only pointed out one peg. Yon did not point out a peg in a bunch of sap lings on the far side of the creek, After* wards you showed me a peg about a chain higher up tbe creek on tbe opposite side. Li August there were no pegs visible at the points where the pegs now stand. It is two and a* half chains from our dam to the point the wafer is now backed to. Our dam, when completed, will back the water 200 feet provided nothing is there to stop it. The bottom of a part of your clam would be affected by the backiug of tbe water. You told me you ! would go up and get a tapesline to measure down the creek, and show me where your pegs were. Thomas Keating : I am employed pro* curing timber for tbe Welcome dam. I did aot notice any mining pegs on the ground. First saw some pegs there yesterday. Did not see the same pegs there when we started tbe dan, and j one of them oould not be there without my seeing it, as I was a good deal about there, The peg h about 80 or 90 link higher up tbe creek than the dam. Cross-examined by the complainant : Will not swear that no peg was there before yesterday. Tbe dam now hacks the water between two and three chains. Tbis closed the case. The Warden ordered the defendants to prevent their water from overflowing complainant's ground. The Court then adjourned.

A man named Kelly h charged at Napier with having stolen between forty and fifty horses, and is said to have ridden the majority to death.