WARDEN'S COURT.

Inangahua Times, Volume X, Issue 1621, 2 November 1885, Page 2

WARDEN'S COURT.

m- . (Before Mr Warden Bird). Friday, October 30th, 1885. ArrucATioNa. James S. Fitch— Tail -race. Mid extended claim of oue acre, Soldier* Creek. Granted. Stokes and Pur ty— Six montha protection of claim at Soldier's, owing to heavy drainage works being found necessary. Granted. Great Eaotbrw ConAHY. Application fur cancellation of special claim. "■"" In giving judgment the Warden held that be had no jurisdiction, and dismissed the application. Mr ynch for applicant and Mr North for the leasees Sausbpbt CotiPAinr. Application f«r specia] shim of tbe E-ound formerly held by the Comstuck xtended Company, but cancelled .or non-payment of rent. Objected t» by Maurice FitsgeraM on t the ground that applicant had peond tbe ground before the notice of cancellation had been published in a Reefton paper. Mr North appeared for applicant* and Mr Lynch for objector. N, evidence was called on either side, the facts being admitted, the q estinn frr determination being the right of applicants to occupy the gronnd before notice of cancellation had been published locally, Mr yuch couteuded that the ground was not op.-, f,, r occupatioii until tbe notice of cancellation had been publi.be I in a local newspaper. | Mr North argued that local advertising was not an essential part of tbe cancellation, but was merely given for convenience in localities where the Government Gasette did not circulate. Be held that publication in the Uevermaem-* Gasette was the only legal publicity, and tie ground was open, for occupation immediately up.ni the publication of the notice of cancellation in the Government Geaette, Wellington. Tbe date upon which the cancellation had been ordered was given in the notice itself and its publication in the Government Gasette, which was the only official channel, completed the form of cancellation as between the Crown and the lessee*. This case differed from ordinary ones, inasmuch as the caneeDatina had not beeu brought about by application. * The Warden said he w»aM take time to consider the point and adjourned tha case till next Cmirt day. The Court then adjourned.