WARDEN'S COURT.

Dunstan Times, Issue 1060, 11 August 1882, Page 2

WARDEN'S COURT.

Before Major Keddell, Warden. APPLICATION BY W. BROWN. William Brown’s application for an acre claim at Mutton Town Pome, objected to by Mr. T. Sims, for whom Mr, i'aclu; appeared; Mr. E. J. Wilson supported tbe application. The grounds of objection were (1) insufficient marking ; (2) that the ground applied for had been granted to the applna b on the previous Court day (but through misrepresentation), and it could not be aga n marked out and applied for until the time bad elapsed (14 days from the granting) lor the uplifting of the certificate.

Mr, Wilson said the case was a peculiar one He said the original marking out of the ground was faulty, inasmuch as the trenches were all leading in the one direction, and the mistake was not discovered until after it was granted. It was th.-re-fore, as it were, unmarked, and his client had again marked it out and applied, for it. The Warden ruled that the second objection was of no effect.

Mr. Fache said his client was debarred by the grant from interfering with the ground, though by the ruling the other side could. He, however, would go on with the Ist objection, and called

Thomas Sims, the applicant, who swore that three of the pegs were only 1| inches in diameter, the fourth, for the upper three inches was also under the prescribed size, that one arm of one trench was only 4 ft. 9 in. long, and another was only 4 ft. long.

Cross-examined by Mr. Wilson : He did not measure from the centre of the peg to the end of the trench ; he merely measured the trenches as dug. The pegs were pieces of quartering, and on two sides over 2 inches.

Mr. Wilson s.iirl that in the matter of the pegs, nothing further need be said about them. So long as they was over 2 inches tniek one way they were good. In fact a piece of batten, it it were over 2 inches wide and only one inch thick would be correct. The Warden agreed to this.

Three other witnesses gave corroborative evidence to that of Sims.

If or the application evidence was given by applicant and two witnesses, all of whom agreed that one trench wasmnly four feet in length, but that from the centre of the peg it was more than five feet to the end of the trench.

Mr. Fache said the evidence for the applicant had entirety borne out that of the objector’s, and he must ask for the application to be refused.—the more especially as on the last Court day the Warden had thrown out an application on the ground that one arm of one trench was in part oidy 44 inches deep instead of fi inches, whilst in every other particulars the marking was correct.

The Warden, in giving judgment, said the case he was reminded of hy Mr. Paths was very different to this one. The regn’ations were not framed with the view of being traps for tire miners, but f r their general guidance ; and when it appeared to

him that a man in a bona Me manner took up a claim with'the view of working it. as evidently this claim was, and though the regulations were not to the letter adheied to, he would support them. He would grant the application. APPLICATION BV W. JAMIESON. William Jamieson applied to purchase a homestead area of 10 acres on the West Bank of the Molyneux. This was objected to by a number of miners living in the immediate neighbourhood. of whom Wm. Ryan, Daniel McElroy, and John Lynch appeared and gave evidence to the effect that the ground applied for was auriferous ; and moreover, if granted, would materially interfere with the future dealing of the minors with their water races out of the Fraser River whenever they require to shift them. The Warden said he saw but little in the objections raised. All ground was more or less auriferous, and if on that account the lands were to be looked up and settlement prohibited, it was a very sorry out look. Tne Legislature, iu their wisdom, had thought proper to frame the regulations to enable the miner to settle and make a home for himself and family—in fact to meet just such a case as the present, and he failed to see why he should not favourably consider it. He would recommeu 1 the application to the Governor for his favourable consideration, aooompame I with copies of all evidence taken for and against. Several other applications were dealt with.