WARDEN'S COURT.

Inangahua Times, Volume II, Issue II, 28 March 1881, Page 2

WARDEN'S COURT.

1 Fbiday, Mabch 25th, 1881. (Before Mr Warden Eevell.) Applications : Robert Dykes applied for 200 feet tan ne] head of Yon Tramp Gully, Soldier's Hill ; do appearance. Richard Willis, tail-race eight chains from Sawyer's, Creek, below dam 'to below Westland Company's race ; granted. Joseph Martin, head -race one mile, right-hand branch Antonio's Creek ; granted. Thomas 'Eddy, doable area 100 ft z 200 ft, near Soldier's ; granted. ' Ah Chnn, tail-race 300,' yards, Bourke's Creek, Boatman's ; granted. Thomas Davis, head-race 300 feet, tributary Aj« Creek. Objected to by William Shaw on the ground that the intended race would follow the run of gold in his claim—objection disallowed. Granted. Ab Young and party, head-race 350 yards r tail-race' 300 yards, and dam bank, all at Slab-hut Creek ; granted. My Fook, head-race 450 yards, and tail-race 100 yards, at Merrijig's Creek ; granted. • William Lynch, dam-bank 350 yards below Welcome battery ; granted. Ah Jew, head-race 150 yards, dam* bank, and (ail-race 200 yards, all at Merrijig Creek ; granted. Kirn Yung, head-race 400 yards, and tail-mce 600 yards, at Slabohut Creek ; granted. Young Gee, head and lail-race,'qnarfer of a mile Bough* and Tumble Gully ; ad« journed. G. C. Bowman, for Keep-it-Dark Company, for five tributaries running into Keep it« Dark race ; granted, £5 to be lodged. Mathew Byr.ie, macbine'site two acres, Little Boatman's Creek, and branch race 150 yards near the Occidental Oreek— objected to by the Homeward Bound Company on the ground that water is required for that company, and by the Occidental Company on the same grounds, also head-race 600 yards left-hand side of. Little Boatman's.— Thomas Lee, manager of the Homeward Bound Company, said that the company objected to the application on the ground that the description of precise locality was vague, and that the water was scarce and required for the Homeward Bound to drive air into a proposed tunnel.— M. Byrne said that the application did not in the least inter* fere with the Homeward Bound, as he could shift the course 150 feet.-^Applica-tion granted outside the Homewatd Bound claim. John Walker and John M'Kenzie, protection for one month for claim in Boat* man's Creek, on the grounds of want of water ; no. appearance. C. R. Neilson, extension of water- race at Lankey's Gully ; no appearance. Luk Y»n and party, head-race 300 yards, half a*tnile above Crushington, and tail-race 200 yards ; eranted. Edward Byrne, for diversion of Duffer'a Creek near Joice's coal tramway, also for diversion of another creek in the same locality. Refused on account of insuffU ciency of notices given to lessee. Loo Si, head-race 140 yards between Merrijig's snd Slab-hut, and dam*bank ; gran fed. Richard Leggo, doable area, Cryer'a Gully, Soldier's ; granted. Richard Willis, protection for two months for head* race, tail-race, hut and dam ; granted. Ah Shin, application to enter on private land of Daniel O' Ma honey, Antonio's, to search for gold. Applicant ordered to serve proper notice on ' Daniel O'Mahoney— adjourned. Mark Rosier, double area, dam, tail* race, at Blackwater ; granted. Wong Sum, dam, Coal Creek (Murray Creek) ; no appearance. William M'Mabon, residing area Caples'Creek; granted. Thomas Davies v. William Shaw. Application for an order to prohibit Shaw from interfering with the workings. Complainant said he had served the notice on Shaw personally, and that Shaw was interfering with complainant in con* struoting bis dam at Ajax Creek, and that he bad filled in 50 feet of the race, for which certificate was granted j served the summons on Tuesday last. Defendant had gone in 10 feet on to witness' dam, and pulled it down since being served with the summons, Order made for defendant to desist from interfering with the dam. Application fob Cancellation. Application by S. Barr for cancellation of a gold mining lease at Boatman's held by James Wilson at Boatman's on account of non-performance of conditions of the lease. Mr Jones for applicant. Mr Lynch for respondent. The evidence for the applicant bad been taken on the previous Court day. Mr iVnch held that the acceptance by the Government of rent would act as a waiver of nonfulfilmenfc of conditions. James HefFenson Wilson said : I am a miner at Boatman's, and am lessee of the

Long Drive claim at Boatman's Creek ; I produce the original 'lease of the ground ; I have been in possession of the claim since the execution of lease. The ground is known as a broadsider ; I took it up for the underlie of the reef running from the Just-in-Time ; I expect to find the reef in this ground at a great depth from observations made dur« ing the five rears I was manager of the Just«in«Time. No surface indications exist { I produce a plan of the position of the Long Drive and the adjoining claims. A tunnel is indicated on the plan, and is driven 200 feet into Boatman's Creek, and if continued through the Just»invTime would reach the Long Priye, and is the lowest level, which can be obtained ; I agreed with the share* holders in the Boatman's Creek Company to extend this tunnel through the JusUin-Time ground, provided the latter company contributed foot for foot toward expenses to the boundary of the Long Drive lease. This offer was refused in November last at a meeting. At that meeting it was resolved to adjourned in order to enable the JasM'nsTime to Bud out what the Boatman's Creek and Long Drive Companies would take for their interest in both leases. I offered to sell for £200 to the" JusUin-Time but was refused, but I afterwards sold to the Fiery Cross for £150. Cross examined by Mr Jones : I ap» lied for the cancellation of the El Dorado Extended, which was granted' to me ; I have had two men working on the ground, but they abandoned it ; I hare been engaged myself looking after the ground. No work could be done to any advantage ; I accepted the Fiery Cross offer on the 7th ; I did not instruct Mr Bowman on the 9th of February to sell the lease for £200 ; I received notice of application for cancellation on the 9th of February. On the night of the 7th, 1 had a conversation with Mr Bowman and afterwards sold the laase to Mr Brennan for the Fiery Cross the same evening ; I was aware of the difficulties of working the ground at the time cf taking up the ground ; I had agreed with Mr M'Gaffin about the Boatman's Creek tunnel before I ordered it to be cleared up. This if not the only place where a tunnel could be started, but it is the most convenient ; I a tunnel could be taken through tbe«AU hinnbr», but it would require several hundred feet more driving. John Lore worked in the tunnel for roe. He was j put on to work the time the Just applied for cancellation of the Boatman's Creek tunnel ; I hare not yet paid for the work but owe him still for it ; Mr M'Gaffin put on another man, but this was before Love started. Re-examined by Mr Lynch : Any *ur« face work would be quite useless, as the reef was at a great depth and a costly fchaft and machinery would have been required ; the rent of the lease has been paid up to the 30lh June, 1881 ; I have always paid the rent in advance. Pa'rick Brennan : I am manager of the Fiery Cross Company, which adjoins fie Long Drive; Wilson spoke to me about coming to arrangements for work* ing the Long Drive from the Fiery shaft ; I do not recollect my answer but my opinion is that such a proposal would not hare been entertained ; I recollect hay» ing received a letter from Wilson respect* ing the sale of bis lease ; £150 was offered to him for the lease and he accepted it the same day. The Warden after reviewing the cvi« o*ence said that cancellation of the lease would not be recommended, and awarded £4 19a costs. Mr Wise applied for the cancellation of the El Dorado lease. A letter was produced from Mr Caples, the original lessee, stating that he had no objection to the cancellation as tho ground had been abandoned by the El Dorado share* holders for some considerable time.