Warden’s Court.

Dunstan Times, Issue 940, 23 April 1880, Page 3

Warden’s Court.

Applications for head-race ; also, for dam by Bebrendt and party were granted.

Application by James Holt and C. T. Marie for mineral leases.

The Warden explained that both applications were for the one piece of land, that his duty was not to decide on cither application, but merely to take evidence and submit same to tho Governor’s delegate, Mr J. P. Maitland. By the endorsements on tho applications both were made on the same day, 18th October, 1573, by Marie at 10 am., and Holt at 10.10 a.m In the regulations relating to mineral leases it is stated that tho priority of every application shall be determined according to the time at which it shall have been received. He was inclined to think that the mere difference of ten minutes did not determine a priority. Ho would now take evidence.

C. T. Marie gave particulars of marking out tho land, stating that when he did so he saw no other morks.

Mr Wilson, solicitor, who appeared for Mr Marie, stated that a fatal objection to Holt’s application was that he had paid no deposit, whereas [hisjjclient had paid the deposit of Lls according to the regulations, also a further sum of Lit) as demanded from him by the Court.

J. Holt explained that he had applied on a previous occasion for a lease, but not having tho land surveyed for him he required, ho declined to take it, and asked leave of the then Warden, Mr Simpson, tiiat he might make another Spp'ieation on the same deposit. This being acceded to he made the application now under consideration. Ho further stated that when he marked out the land it had not been marked by Mane. Richard Holden corroborated previous witness s evidence as to tho marking. A. 11. Mackay, District Surveyor, gave evidence of survey. There being no further evidence, the Warden said that ho would forward the evidence taken to Dunedin.