WARDENS COURT.

Inangahua Times, Volume X, Issue 1521, 20 March 1885, Page 2

WARDENS COURT.

(Hcforo Mr War-len Bird) Tnn;.sDAY, .March lDtli, 1885. •Tohn Willis a;:d others. Application for Certain water rights ; objected to by Mes.sis Oxley, David, Banks and others. Mi- Hankin on lieliiiif oftheappli cants Paid that water applied for waa not, registered by any of the objector?, and was required- '-y applicants to drive a water- wlieel. Dar.iel David : Ibave a (lam in the centre of my giiuiufl ; there is hardly nnv water flowing down the creek in dry weather ; there is any quantity of water flowing in wet weather; the creek is included in the area of my Crown grant; the ground is freehold ; I j had not registered the water-right ; the [ wator could not reach applicants ' j without going through witnesses ; i private laud. j Application dismissed. i Ritc.'iik and Lloyd. j Application for dam, watei-race uud double urea ; granted. .1. Hint. Application for water-race. Granted. F. PITZriKRAI.n. j j Dam and water-race. Granted. [ ; Akciier and others v. Homi:wawi> j \ lioT.'Nl) CoirP.VNY. . j j Thiii'«!as'fi Wiis.hefir'd jit the last sit i ; ting of the Court, aid reserved until i jto day. ]n dealing with the matter j ' the Warden sfiid :— - j The evidence, which is rather vo'u- ! | minouK, yives a very full and expicit, ' ■ description of the difiioulties which are j ; eiM'onnieri'd in any endeavour to open i up in- prospert and afterwards to \\ oik, | uitiiany de«.;n eof c-rtahity :\:i b> \

payable results, any of the gold mining < leases which are surrounded, or it may t he said •• blocked in" on all sides by ' other loas« 3. 8 I consider from th«« evidence in this i case 'that if would hnvi- been most in- f advisable on the put of the company c to have fiidfivoiuvd u» work this lease f by a shaft, co lsid^ring tin? great depth ; of tb'- ground, an I the great <li i'eul- > tins tiny w >ull haw had to contend ' with almost to a certainty, viz.. water, 1 and foul air. j ' It appears tlmt after doing certain j i surface workings without any stood ; result*, the directors of the company' ' caino to the eon.-lu>i«m that the only j practicable way of working the ground I was by tnnnpl, and accordingly in December, 18*1, they entered into an < agreement conjointly with three other I companies to drive the Low Level j Tunnel, which would intetsect the j j four leases, and thereby save a large i sum of money in wages, machinery etc. | This tunnel was commenced, but for j ■ some reason ov other does not appear j jto have been pushed forward very * i vapidly, or at, least not in a satisfactory ; | manner, until a short time ago, whon a : i fresh impetus seoms t ■ have taken ; place in the work, and some very , valuable machinery was purchas d to ; assist the work of driving the tunnel, ; and since that time the work appears . to l>e progressing rapidly. ! The applicants f..r cancellation say : they are prepared to work the ground. but I consider there, is no dou'nt but. ; that it. is their intention to work by tunnel, and not, by shaft. In fact, one of them admits it could be worked l.y extending the Eureka Compuu's tunnel, and therefore, nothing would be gained by this change, as the evidence proves it will take a far longtime to roach the ompward Bound Company's lease by the Eureka Company's tunnel than !>y the Low L<vpl Company's, at present under con-trnc tion. The rent of least* has been p-ti.l up to the 30th of .Tun,-* 'li-'xt-. ail the suupo>i-i ii:i<' of reef w..' V; ic.-ica •'• * i ■.; about, four months at the present ruto of driving tin: tunnel, and th--n t!i<? company will c en ;ib] =-d to p:-nfrahly employ a number of met', and they will also bo obliged to * xpjnd a I irjsum of money in in u-lilskm y, whi.-h u»» to tins lime if would have licen almosi 1 . useless for them t>> h'.ve done.. Or Course thtrc is no cbnl.' the covenants of the lease have not Ikvh .-om^ted with ; that for a long p^ri..d ofu.uif no work of any description was done o;i the lease, or i>- connection tin' H'.vi:!i, but now the work if! being carried o:i in a far more sitisiuetory manner. In fact, I do not consider that the .•■s'.ecs can do more (without going to minecepsnvy expanse), until their b\ns«." is reached by the. tunnel to which they are coutiil'iitiinr, and therefore, t .king I all things into consideration, the di.iii CUltifS to be COMtlliil'd With, the ! almost, v HerHsolcSrvH'.s-iOi'i'ite'iiittingt ■> 1 woik the ground l.y a shaft, that th>* | plan adopted nppe;t;-s to be O.io only reasonable way of working with any • chance of I'svournbb- or payable i f^-il ? Seeing the work is now p;-ngr t - s-i:;g rapidly and will so >n I>e co-noV-f.fd as j far as the Homeward IV>und Company is concerned, I do not fee' jusliliL'd in reeoniniending the cancellation asked j for. nor d<> I think it -v.nd U» to t.l.f I interest "f iroM mining generally : in ii.is Locality if tiio application w;»re grail fed. i ll\vkivv. Tlapp/ V.vLL-.Y CtOL-.) Mining i Company. I This was an application for the i cancellation of the company's lease. Mr Menteath appeared for the applicant, and Mr Lynch f > r the di fene. . Ilenrv fJeorge Ho-ukin : I am a filinre.hrokei- and mining agent residing '• in Reefton ; I produce a eonv of the I application lodged in this case tor ! cancellation of the Flippy Valley ie.,se ; | lodged it oil 12th .March ; I knew fch* j said lease bad been applied for in ! December 1881 by Daniel M-G^o ; I also that no wo:k had been done on ; tin- lease for a period, to the best of :ny ' know'edge, of two years; I inide ip- ■ plication to I'ie officers of t,!ut Court to ; seur.-h the lease re.»i<ter : my s aich j Hcquii-cd the following isifonnation : — i When the |.-ase was grant. -d. wlu>n ] the vent was paid. I learnt from flu. ' search tliat the lease w<is granted on | Ist Dpcenib"r IH-il ; J sntiseqnently made other inqiiries of the Registrar ; after lodging my application, when he ; told niv* I had committed an error i;i : | my allegations; that I mu?t have mis- | i understood the answer to the question i put to tlvi clerk, as the lease was not ; granU-d till Feltruary ISBt and notice ;• ■ to execute t!ie leaso given to the kvsoo ion the 20th August 1884, an. l Lhat the ' i rent had been paid on the 1 7th ; ! October fallowing ; upon the. int'or- | j mation obtained by me in the li: «t i instance, anil not bsing aware as to ! j whether the lease was in existence, or. : not , I lodged my application, being th?Mjf : i under the impression that I had go d j grounds for cancellation ; I then om- \ ! ployed witnesses to visit tin* least! in j i quest ion. ' By Mr Lynch : Refuse to give tlie names of tlioso who are in the ap ; plication ; If I get the ground I am j I prepared to work it by in<-i;n of a j ; company : I uui not myself in a posi- I tion to work the ground ; a compiny j may not be necessary to work the lease, i because there is a lavge retf exposed i on the surface of the lease and a battery I 71 chains away ; I paid the application I I money into (ho Court ; I decline to ; j state who provided me with the money ! 1 to lodge the application. U- H-tMU-y LiK-ns: I am Mining R.i>gi«- ! j trar and Receiver of (Toldfields Rei venue- ut*Reeftoii ; M 'Gee's application | j for the H'tnpy Vall< V lease was made on ! lsl J)ec lSdl ; Tin* lease Was veconi ' )>) l .u«l«x)..Wy • tke • \\*«**d**»— #»»• tko -5i h i February 188 1 -}; tlie notice required i under the Mines Act was s.-rvfd on j the applicant, on the 20th 1884, and bf.- a-.tu-iilv oxticuted tlio !ea>e on tl*e • ♦*#-• **■ - •'.

d'W-^i^er Aibr app'icati-Tj fry cr.p.Ti'i ; tioi» : the reii^ had l-ei-n paid nt> r.» tli- ; 3l'stl)»-'CCiijl'f-r IS^-i; the rent h nay a lc on the \<t Janun y and l«t July i l each year; he vi 1 i.ot p»y any ii- ,t on the Ist J.inuas'y ; th«^ re n't for t!ie ' cur ••'"it year is not pail ; Mr Vo -h spoke to me about some ani-'ndme.it of app'ioa'io'i, and I n-J'uscMl to allow any siieli altirat inn ; no dnvcf application was m-ide to me for an amendment of the p-irtL'n'ars l«d^i>d ; the su'>JH-t was mere'y s:>. ken of; 1 woul.l have refiiSr-d to aliow any alteiatioil to ail application "(vl^.-.i ; the notice to ex-e--ute the loase was served on M'Gee ; j [ was a,v i •• l\< >? t!i. !»• «m= ;i o-)i,i- ! pany called the Hippy Valley ; M.B j'.vman, the main ,'»•!■ of the comp-mv, came to vi»; on the I7'!i 0 toher ISSt. and tendered the amount of rent due to tho 31st Deecmber HS4 ; as M Ciee the ac f nal lessef was not present and lived some miles out of town. I received | ! the rent on the nnd^rstauding that he { was to come in afterward.-? and ex-'euh* j j the lease, and the rent having been! ' priid I allowed this to '■>■? dune ; since ; the applieatuui was lodged tin- 1.-iiSc : rent was paid to me a'td I allowed it to ; l>e paid pito Court awaiting the result j ! of the application. I Charles Edwin W.x'ki-is : I r>m n ; certiorated surveyor, and k so-'- t!ie ground im-lndeil in the M appy V.illey ! lease ; I know all the pegs; the out ! n-op of flu- r.-cf has l..>en ?t !).•■...,! for a'lout 7Ofr.. aid a --in?i'l tTi:rtel d -iven ; tlie reef is tV..mf>fr., t<> Sft , t'liclc ; did not s?c any I ii the sto-i" : < Mcl ' not goi'ito the tun! el ; it is 71 eMaiMS f -.>in th<- reef to the Rimy Creel lilttew; r-Stiu'-lt' til" v:ll le of t'\" srrij.pin^ done at tV<.m £1 _0 to C 15"); do not know h.- l-Hur'h "f the tivntcl ; a s'.tvi'J por'iosi of the work has hopti done withi'i the list f>w wec-k« ; ibo'U a U-nfh p;irt <.>f it; sho;i!d think the tunnel has hHi>:i co-.i^mul- ed a^o-it l eoujile ot" vi-ars or m i >■ ; t'ii? cvr.trv hctwnon the Ira 1 ?.- ail.'l R.iillV C.Vi-k is nth'-r rnu .rh ; t'n-i'L? is ;i v>:id wirhi'i siilc ; thr' Mi!>:,cl iv the It:i-e is b'ocki-d abiMt si\ s !;•; i.i. !io ! i-r' !v' a us : 1 mi i ui!:iei* and k'io\v w!.- <■■ t!i:> H iopy Vill-y !y.is.- i> siMia^-d ; I k io'.v the w.-sr.'-rn p >, r s ; opi-ini'ite the vahv <•<' tii-> *trin;>iiiu' rlone »it. fi-om t'"»0 t-» tfi.»; I won id innko o;v of a p-ii'ty 1 1 in and work the gion.id. This cl.ir,o:l t!;e c :."■'. fieorico Chai-ies i'»o>V'!ia'i : I am 111 filler of the Happy ValU'V Gold Miitin-^ Co-) )a-iv ; tiiel-o are 24.000 fh-ives of l ;l f-ic.h v\ tliu' eo:iip.i -y ; .fiP>oo hi- h.-ivi cal'^-l up hv (!i.m: .iiiparv; ;\ git" Irt-i !>eon s f --!>-c?i-*d (or sinking it si.Ht't and it is th.^ iijt-.iitJon to put Oil :n;'M t^ w i.k ill" :u'ni: ; lie shaft was marked oii r , a \\\ el; OL" till divs a, r o ; at :i mcci t,,^ c.i tli;- J;:"c to; s of the company, hdd OM the 3.Y1 M:i>-cli. it v.ms resoli.'d titat three direct.. is visit the mil" ,i:i.i iix i s:tt' for Milling a shut'r. By Mi 1 Me;ito:vh: Til- i-> npanv was formed in 1-<>l w ISSi ; arid .sii- : cc forme,! |>'U v -'ll I U-d a HeOO id l"a-'e of l()\ .-lOl'e.S a:ij.iii!i:iii ; the cotilp.iny lime reo'-'ivod S)mJth 1 ; i_r less tii.-m .£^o) f;f the. aiu-'uut caiie.l up ; i'loO Iris hi c■■,e ■■, txpcii'U-d in wages and C lli iil li-. k s 's a:i 1 vents. Affe;- lieari'ir .- »:. ie farther I'vidonc^ t'.ie \V:i!-d'-!i said lie would not recommend caiJee'datlO'.l.