WARDEN'S COUNT.

Inangahua Times, Volume X, Issue 1549, 18 May 1885, Page 2

WARDEN'S COUNT.

— . — <o (Before Mr Warden Bird.) Thursday, May 14th, 1885. Application for tailrace at Antonio* a Objection lodged by j. Bergki. William M-Coll: I am a miner living at Antonio's Flat t produce my miners right : I know the tailrace in question ; it is in Billy Green's main gully ; it is owned by Thomas, Lubere, Asmus and Williams ; they are the registerd owners of the race at the present time; th* blocks have been taken out of the race, also the alalia from the sides ef the race ; I live close alongside tho race, and pass np the i*ace once or twice a week ; the neighbors are carrying away the blocks fer burning; they ceased to work their claim about Christmas last ; they have another claim about a quarter of a mile away from the race ; the race has i been entirely abandoned since ChristI mas ; tbey have also taken their tools away ; I want tho race to work my ground; I have a race close by and cannot use it until I get the race now appliad'for ; Thomas and party stopped me from working my claim because I in t**rf erred with their race. By Mr Lynch : Don't recollect telling Bergin that I looked upon the claim -only as a stand-by ; don't believe I ever told Bergiu anything of the kind ; ; have had. a good deal of concocting to do since I have been at Antouios; at ( one time Bergiri and I were thinking of going in for the cancellation of the upper part of this race ; have b*>en working at ' Adam's town, about three miles ftftm^the race in question ; have been there 15 or 16 weeks. By Mr Menteath : I was working a£ Adams town because my claim at Antonibs was protected. This closed tbe case for the complainant. Elias Thomas: I am a miner at Antonios ; know the defendant very well ; he had been working a claim near the tailrace in question but left off work a good time ago ; he could have worked the ground if he liked ; there was nothing to prevent him ; we have agreed to transfer the race to i Bergin ; Bergin has worked the race since in connection with his claim; tha race is 4200 ft; it was blocked and slabbed and was very expensive; it cost about £30 a chain ; wo constructed it ourselves ; Bergin's claim would be no good without this tail race; he might as well stop at home; know M' Coil's race ; there is no ground to work near his race ; if he gets the tail race he will lock up all the ground to himself; we abandoned the tailrace since November last By Mr Menteath : Burgin could not work his claim unless he gets this tail race ; we did allow M'Coll to run tail- ' ings into onr race, aud for doing that 1 we could never get rid of bim : ho got j us to sign a bit of paper and afterwards attempted to prove to the Court that he was partners with us in the race; allowed him to run tailings into j Our race np to 9 er ten months before we stopped him ; M'Coll could not work his claim except with tho tail race in question ; we abandoned the race. By the Bench : Bergin took possession of M'Cell's claim ; wo have not sold the race, . By Mr Lynch : We considered the olaim was ours untfl'-it was abandoned; I thought it was any by body's when we left it. By the Bench : The ground Bergin now holds cannot bo worked without the race. James Bergin : 1 am a miner residing at Antonio's ; I know the tail race Ih question ; I have two men's ground near the race and could not work the ground without tho race ; have cleared out the race for 800 or 400 feet ; there, ' is not a yard of ground to be worked j in the locality except what I have got ; 1 1 value the race at about £100 ; I i applied for the race on tho 29th April ; my son is working with me. By Mr Menteath : my sen is 14 years of age and he has a miners right ; the race weuld bo worth £100 te me ; I have not applied for tho cancellation of the race, but applied for it ; there was no occasion te apply for cancellation of the race ; M'Coll could have worked the claim since January ; I pegged off two men's ground within M 'Coil's ground ; M'Coll has a residence area alongside of the race ; he got it under false pretences. This closed tho case. The Warden ruled that the applicatfon was not made bona fide, but simply to lock out Bergin who had taken up ground which had long been

held under protection for speculative j purposes by M'Coll. Tbe application was therefore refused.