WARDEN'S COURT.

Inangahua Times, Volume VIII, Issue 1221, 17 January 1883, Page 2

WARDEN'S COURT.

MONDAY, JANUARY 15, 1883. (before mb. wabd3n uevell.) Applications. Roxburgh v. Caird. — Tramway, one mile up tile creek, from coal pit, Lankey's creek. Granted, subject to existing rights. Golden Hope Company, (G. Wise).— Protection for water-race at Devil's .Croek for six months, t;i allow time to open up the mine. Granted. Patrick Callan, quarter-acre' section, No. 900, Walsh-street. Granted. G. R. Neilson, three months' protection of claim and water, Left-hand Branch. Granted. Wm. Dunn, sections 1134, 1135 and 1161, Bridge- street. Granted. Michael O'Rourke, water-race, half-a--mile, cast of Hallow 1 Eve lease, and terminating at the lease, Snowy River. Granted. Matthew Joice, section 1113, Bridgestreet, Reefton. Granted. D. McGee water-race, Deep Creek, Merrijigs, quarter-mile above the junction of the three branches, and terminating at the claim, Deep Creek, half-mile below the track. Granted.. Marcq Medard, no appearance. John Larkin, section 877, Walsh-street, Reefton. Granted. Just-in-Tiiue Co., (G. Wise), dam at mouth of Pautolus Creek, area, 100 x 300 feet. Granted. Oliver Johnston, three months' protection of double area claim at Ros3' Terrace, Laukey Creek, owing to scarcity of water. Granted. Cum Yet Cheong, six men's ground at Alford river, Maruia. Granted. Similar applications weie granted to Cum Yeu and Ah Gun, all at Alford River. Roger Hennessy, frontage claim at Blaekwater. Granted, subject to filing of papers. James Hazel, three months' protection of double-area claim and tunnel at Denny's Creek, owing to scarcity of water. Granted. Imperial Company, (G. Wise), waterrace, two chains above the Imperial shaft, Boatman's Creek. Granted. An application by the company for^a, dam in the same locality, was opposed by the County Council, on the ground that the dam would impede traffic up the creek. Granted conditionally upon traffic being kept open. Globe Company, water-race, from Inangahua River to machine site. The application was obiected to by John Overend, on the ground that the race would cross his agricultural lease, and injure the same. Mr Jones appeared in support of the application. ■ . .. . Mr Lynch opposed on behalf of the Keep-it-Dark Company. Wm. Hindmarsh — I am legal manager of the Globe Company, and under the 31st section of the "Mines Act," lodged an application for a water-race in tho form therein prescribed.

R. J. Johnston, — I am a surveyor, residing in Reqfton, and have made a survey of the race in question. The course indicated on the plan produced is the only practicable route for Biich race. The race cannot avoid being taken through Mr Overend'3 farm. Do not think the carry ing of the race through Overend's land could do any harm. By Mr Overend. The race i3 on a sideling, and about Ik chains from your house. If the race were allowed to overflow it might flood the land behnv. John Overend, — The race commences at the upper end of my ground and traverses the entire length. The vace would ruin my grass, and if it was to overflow, it wouldrender my house uninhabitable. If they cut the race through I should have to leave the ground, as it would be no good to me. Cannot say that I have been offered compensation. They have made no direct offer. I should have been at liberty to agree with them if they had made an offer. By Mr Jones, — You did offer me £59 and then £100 compensation on behalf of the company. I refused to accept the offer, because I did not know what ground they wanted. The race would injure the ground at any time, and for agricultural purposes would completely ruin it. Thi3was the whole of the evidence. ' The Warden said there was no course open to him but to order the Mining Registrar to is3ue the necessary certificate, but before the applicants would be entitled to enter upon the land, they would have to settle the question of compensation with Overend, under the Public Works Act. A large number of unsurveyed special claim applications and one lease were adjourned for survey. Happy Vally Company. This was an application by Mr Charles Fi\v?or for a mining lease adjoining the mining area already hold by the above company. The application was opposed by Mr G. Col ings applicant for the same ground on behalf of thu Silver Star Company. Charles Eraser, — I know the ground appearing in the name of the Happy Vally, I pegged it out. It is situated at Merrijigs ; I finished the pegging on the day I took out the application. I put in four pegs, each 4 or sft long, and four or live iiK-hus thick. I cut trenches over oft long and six inches in width aud depth. I saw some other pegs there, and also some scratching on the ground with either a knife <>r a bill-hook, cut in trenches. By objsetor,— I finished the pegging on the clay I took out the application, I came to the Court and got the papers. I know the National pegs ; T put the pegs in in 'accordance with my application.

W. G. Collings, — I am the applicant for the same ground for the Silver Star ; It was pegged out by Wn>. Cummins. I have not .seen the ground ; On the mornin<r of applying I mot Mr Fraser in Reefton and asked him what show the wround had, and he then told me that he had pegged out the ground a week ago. I then sent for the man who had pegged out the ground for the Silver Star, m.l his statement was so satisfactory that I lodged the application on the following day, Wednesday. This closed the evidence. The Warden said that the evidence for the applicant failed to show that his pegging had been in accordance with thel-equirements of the Mines Act, and consequently the application would have to be dismissed. A further application for the same ground was adjourned until next Court day for the production of evidence. Bernard Rogers, one acre ground on second terrace at back of applicant's hotel and outside the limits of the town, JJoutman's. Granted. Donis Doncliffe, section GOO, Buller road. Granted. Michael O'llourke, mining lease of lGi acres, at Snowy River.

Wyndham and party objected, on the giound of the k't\so being improperly pegged. Mr Jons3 appeared for the applicant, and Mr Lynch appeared for the objector, Michael O'Rourko : I live at Blaciiwaler and am the applicant for the Kiwi ;■ lease. I began paging the ground on ; tho 4th November,' and completed the, pegging on the morning of the Cth of ovem'oer. I placed a peg at each corner, anl cut trenches at each peg, of about sft long and Gin. in depth, more or less. I blazed a line to the centre of the lease and cleared two end linc3. By Mr. Lynch : I /swear I had pegs,at each corner and trenches cut before I lodged my application. Did not stop all night af Batman's oii the sth. Slept all that night at Plackwater, and rode into Reef ton on horseback. Patrick McOovmack : I live at Blackwater and know the Kiwi ground. I saw the pegs put in by O'Rourke. They were 4 or 5 feet in height, and the trenches are about 5 feet long. I was on the. ground about four days ago ; that was the lirst time I had been on the ground. Both the pegs and trenches were weatherworn. By Mr Lynch : I know Clunan ; did not go with him to peg out the Kiwi ground; went to peg off a lease on the same line, and met Wyndham on the way ; we were on the;Kiwi ground on the 7th November. Am positive I was on the ground on the 7th faovomber and saw trenches there on that day. This closed the evidence for the applicant. Mr Wyndham : lam the objector. I saw O'Rourke in Keefton on the 6th of November, between 11 and 12 o'clock, p.m. Took a horse with Willing and wont to Snowy, and hunted up the boundaries of, the Kiwi ; waited till daylight, and then looked for pegs, but could find no pegs on the north side, and therefore repegged the ground. I can swear positively that there were no pegs nor trenches on the ground when we got there. Don't think O'Hourke could have done all he says. He could not have done the travelling he mentions in the time. lam a pretty good hand and I could not do what he says he did. Mr Williug and several other witnesses were called in support of the objection, 4)iA--.iinally ..the Warden . ruled that the pegging by O'Rourke was insufficient and therefore dismissed his application. Fiery Cboss Company. This was an application for a special claim taking, iivo wedgedsiiaped piece of spare ground lying between the boundaries of the Fiery Cross, and Hopeful leases. Tha np^licaLion was opposed by the Hopeful Company. John Montgomery, district . surveyor. Taking Wooley's measurement the whole of the ground marked yellow on the map produced would be I the Alexandria ground, and thatboing | so both the Hopeful and Alexandria would hold in excess of what they are entitled to. By Mr Lynch. I mado a survey of special claim for the Hopeful, and at tha'. time I was not aware that there was a wedged-shaped piece of ground in dispute. I produce survey mads by Woolley for the case of Hopeful and Alexandria. The line D through A is what he intended as the boundary line between the two leases. From C to II is the line actually cut on the ground, and continuation of southern boundary of FitzGrerald's claim corresponds with tho diagonal line on the map produced. I found pegs E. H; I. and C. on that line, and E. A. and H. of Fitzgerald's claim. The mistake was obviously made in taking Fitzgerald's claim from this plan. There was an error in the original survey of the ground by, Woo^ey^E. A. and H. are Fitzgerald's 'pegs 1 / 1 If the Hopeful had the area originally pegged and applied for by them , they would have the piece colored yellow and now in dispute. Woolley's survey was undoubtedly erroneouk. D. H. is the boundary line oirtl/e ground and C. H. is given as the poundary on the •map, and, in this consists the error. There was no peg atjthe N.W. corner of the Alexandria, b'.Jt there was a peg on the other boundary. Taking this deed alone I am uijablc to indentify the exact piece of gijound claimed by the Hopeful Company. There is no starting point for tliej survey, or rather was- not at the timej, but taking the plan with other plais in the oftice I could identify the ground. Maurice Fitzgerald : I was the original holder of the Hopeful ground and subsequently tr msfeiTed to the company, I pegged oit the ground in the lirst instance ajid subsequently put in iron pegs. I a'm a shareholder in the Hopeful Company and also in the Fiery Cross. The Hopeful have been in possession of the ground up to the present time- ; the Hopeful and Alexandria had ,•& dispute about boundaries, but there, has been no question as to the Hopeful title until quite recently ; I put the iron pegs in after the law •• suit, - and did so at Woolley's request. By Mr Jones : Parted with my interest in the Hopeful ground before the law smt, and put the iron pegs in al'fccTwards.. Henry Lucas : lam clerk of the Warden's Court, Rocfton, produce an agreement between Hopeful and Alexandria - Companies and dated Ist July, 1874, I know nothing about any plan accompanying the agreement. Have searched my oiHce for such a plan but without success. Patrick Brennan : I am manager of the Hopeful Company. The piece of ground now disputed has boon in possession of the Hopeful Company since the law suit with the Alexandria Company. I was manager of the Alexandria ■ ompany and the latter after the law suit left the Hopeful in undisputed possession of the ground. Have made diligent search for the plan referred to in the He poful and. Alexandria agreement but without avail. » Mr Lynch said ho had just bx>n informed that the plan iu question was in Greymouth and asked for an adjournment in order that he m'ght produce it. The Waidcri s.iicl Le lr.d nctling ' ■

do with collateral agreement?, and subsidiary plans. The original leases spoke for themselves and if the parties had come to any private arrangement or made any concessions they should have had fresh leases- showing the proper title. •■ As the application stood it would have to be d-cidxl upon the leases already in existonco. According to thess leases put in it is shown that the whole of the laud now ap.plied Jbr. is held under existing lease, and this being so I have no power to grant- it. The application must therefore be dismissed, but it will be understood that I do not dscide anything a^ to the nature of the occupancy.