WARDEN’S COURT.

Cromwell Argus, Volume III, Issue 149, 17 September 1872, Page 6

WARDEN’S COURT.

Thursday, September 12. ■(Before E. 11. Carew, Esq., Judge and Warden.) APPLICATIONS. Protection. —The following were granted : Royal Standard QC. Company, Registered, sixty days for their prospecting claim (on account of inclement weather) ; See Ah Tan and three others, sixty days for alluvial claim at Nevis Gorge. Extended Claim. —A certificate was granted to W. Bell and three others, for four acres at Adams’s Gully.

Tunnel.— Leave to construct a tunnel 300 feet in length, from the Kawarau River to the applicants’ ex r ended claim, was granted to Alfred M ‘Minn and five others, Kawarau Gorge. Gold Mining Lease. —The application of Thomas Hall and Co. was further adjourned till the 26th instant.

Water Race. —John Perriam and two others were granted permission to take two sluice-heads (in all) from Sunnyside, Lagoon, Frenchman’s, and Stoney Creeks, Mount Pisa. DANIEL MOORE V. SAMUEL MATHERS. This was a complaint of alleged unlawful interference, for which the complainant sought to recover £SO damages. The real matter in dispute between the parties was whether a certain portion of ground in A dams’s Gully belonged to complainant or to defendant. The complainant conducted his own case ; and Mr F. J. Wilson appeared on behalf of the defendant.

Mr Wilson pleaded a general denial. The complainant explained that all he wanted was to be allowed to take the gully water from the end of defendant’s tail-race and bring it on to his (complainant’s) claim to enable him to work the ground. Evidence was given at great length, and the hearing of the case occupied over three hours. The following judgment was given by the Warden : Defendant is ordered not to interfere with plaintiffs right to two acres, to be measured from peg referred to by Forsyth as in Moore’s garden, and to be taken at right angles from that peg to the creek upwards, bower retained to order claim to be marked off and surveyed if found necessary. Judgment not intended to interfere with right of any party not before the Court. Each party to bear his own costs. E. GON'IXAN V. A. M'VUXX AN'D OTHERS. The complainant in this case sought to have the defendants’ certificate for extended claim cancelled, on the ground, chiefly, that subsequent to the expiry of a protection certificate granted to them, they had for a period of three days only two men at work on the claim in place of six.

Mr Wilson for complainant ; Mr Allanby for defendants.

After hearing the evidence, the Warden said all that the defendants had to answer was the insufficiency of men at work on their claim on the 2nd, 3rd, and 4th inst. The case was clearly one of attempted jumping, and the complaint had evidently been laid with the object of coercing the defendant into making certain concessions for the benefit of the complainant. The defendants were fined ss, in lieu of forfeiture, together with costs of Court. Xo professional costs would he allowed, as it was the practice of the Courts not to favour cases of jumping.