WARDEN'S COURT.

Cromwell Argus, Volume V, Issue 268, 17 November 1874, Page 5

WARDEN'S COURT.

FitiUAY, November 13, 1874. (Before W. Lawrence, Simpson, Usq., Warden.) APPLICATIONS. Protection.— Thomas Baird, 1)0 days' for ©lain! at Brown's flat: granto I. An application by James Marshall, to with* draw an application previously made by him, on behalf of a Company, for a dredging claim at Cornish Beach, was granted. Metidmce Area.— ». S. Graver, near dhepherd's Creek : grauted. OPPOSED APPLICATION. The application of H. Behrens for an extended claim m Smith's Gully, objected to by Ah Ping and others, now came onior hearmg. This application had been adjourned from time to timo tor some six weeks, and was expected to be one the settlement of which would entail some hard swearing on one side or the other. Quite a number of European witnesses were in attendance. The Chinese objected on the ground' that the claim applied for included part of an ordinary claim previously taken up and worked by them. The Europeans were seeking to prove that when they marked out the ground, no pegs were anywhere visible, and that for a considerable time after they so marked it out, no work whatever had been done by the Chinese. The last adjournment had been made for the purpose of a visit being paid to the ground by the Clerk of the Court, in order to see how much work the Chinese had done. :. ' u M r Johnston appeared for the applicants, and Mr \\ ilsoa for the oi.joctors. The first witness was H. Behrens, who in.proving the marking-off of the ground by him, stated that he did it on the 21st September. ~ Warden said the application was dated the 18th, and therefore if the ground was not marked-off on that day, the application must fall to the ground. The witness explained the circumstances under which it happened that the niarking-off did not take place till the 21st, but made no attempt to gainsay the fact. The Warden therefore held that this must be fatal to the application. The rules insisted that marking must piecede application, and had this fact fortunately tome to light before, much time and trouble -migh\ have been snved; He wished it understood that he in no way insinuated that the information hid been purposely held back by Behrens ; in fact, he was sure it was simply an unfortunate mistake. Of course, the fatality m connection,with tms application did not in any way affect their tfght'to an ordinary claim, although of course, ttte Chinese might have ground of objection fev% to this.