THE GOLDEN BAY ARGUS. (UPHOLD THE RIGHT.) FRIDAY 18th DECEMBER 1835.

Golden Bay Argus, Volume I, Issue 129, 11 December 1885, Page 2

THE GOLDEN BAY ARGUS. (UPHOLD THE RIGHT.) FRIDAY 18th DECEMBER 1835.

At the last sitting of the Resident Magistrate’s Court in Coilingwood Mr Gibbs R. M. drew attention to a flagrant omission which has occurred in compiling the “Impounding Act” of 1884. In the Appendix relating to the Provincial district of Nelson the Act states “Every occupier of any fenced or unfenced land trespassed upon by cattle may impound the same, and may claim on account of such trespass the trespass rates provided in the First Schedule to this Act.” On referring to tho Schedule, under the heading “Trespass in unfenced land,” no trespass rate is allowed for any horse, mare, geiding, filly, mule, ass, Lull, or ox, steer, heifer, cow, calf, colt, or foal, ram, ewe, sheep, wether, or lamb, but thievery goat, boar, sow, or pig a fine of one shilling per head can he claimed. Wo are surprised that the injustice of this omission has not been rectified sin's; this Act c-ume into force nearly twelve months ago, as it is quite certain that a trespass rate ought to be allowed on anyone ot these animals which are now exempt. The Schedule further states that the occupier may claim in any competent Court full satisfaction for any actual damage sustained by him in consequence yf

such trespass, bu'i if a stated fine had been mentioned, the carrying out of the law would have been easier and more equitable, for at present the occupier can only claim for what he considers to be the actual amount of feed lost bv him from his land through the-trespass of the cattle impounded. We would like our Member to propose an Amendment to tins Schedule during the next Session as wo ore ,-ure his doing so would bo acceptable to a large majority ol his constituent s throughout the electorate. During the heaving of a case of jumping an alluvial claim, at the same sitting, Warden Gibbs expressed hi< satisfaction at seeing that mining property was apparently becoming so valuable at the Quartz Ranges as to compel miners to stringently comply with the Mines Act Regulations in reference to the labor clauses, and in future applications lor extended claims o', one acre per man, only one half of that extent ol alluvial ground would be granted, unle ;s it were clearly and indisputably shown that the preliminary outlay warranted such a grant. On this point we quite agree with Mr Gibbs. Although in a great many instances in this district the nature of the ground has been such at to justifiably warrant the Warden in granting extended claims of one acre per man, yet latterly it has been fashionable under all circumstances to apply for this extent of ground which simply means in some cases allowing an unfair monopoly of the country, which under other circumstances would be more prospected, and we think that a little stricter enquiry into the bona li-des of such applications would sometimes prevent grants of unnecessary extent.