WARDEN’S COURT.

Cromwell Argus, Volume V, Issue 241, 23 June 1874, Page 6

WARDEN’S COURT.

Friday, June 19, 1874. (Before W. Lawrence Simpson, Esq. , Warden.) COMPLAINTS, i! ' Heart of Oak v. Binge. -r-Mr Simpson gave judgment in this case. In reference to the'point raised by Mr Wilson, he was of opinion that the whole tenor of the regulations went to indicate the number of men to be employed as one tor every hundred feet ; arid in the Gold-fields Act of 1869, the number was specially indicated. Tliere was much reason to believe that the Oak had been shepherding the Welcome claim ; they certainly had not maintained possession as they should have done. Judgment would be “ Defendant guilty of interfering with claim in possession of complainants ; but decline to interdict interference except with regard to two men’s ground, to be measured from end where shaft is situated.” Judgment would not carry costs. Goodger v. Mitchell.—Adjourned till next Court-day,—Saturday, 27th hist. APPLICATIONS. Extended Claims. —Koch and others, three acres in Smith’s gully; objected to by Ah Cheong and others. Mr Colclougb appeared for objectors, and argued that as the certificate for the same ground (previously held by the Chinese) had been cancelled, it was open for holders of miner’s rights to peg the ground out afresh, and this had been done by his clients. His Worship, however, took a different view of the matter, and quoted a dictum of Mr Justice Chapman, to the effect that the Warden had power to consider that the applicants for cancellation of a certificate had the first right to and iu the ground so declared open, and the Chinese certificate had been cancelled on application of Koch and others. Mr Colclough then gave notice on behalf of his clients thathe purposed appealing against tie judgment of the Warden given last Court-day. The case was therefore adjourned till the full time had elapsed for the entering of an appeal. —Geer and others, six acres in Smith’s gully : objected to by John Barr on the ground that it interfered with his residence area. Granted, subject to the condition that the applicant did not interfere with the objector’s area. Tail Race. —Koch and others : adjourned in same way as extended claim application. Water Race. —Bannockburn Water Race.Company, at Bannockburn: objected to by All Nations party. His Worship, after hearing both parties, decided that since no infringement of the Mining Buies and Regulations had actually taken place, he could take no cognisance of the matter in dispute.