WARDEN'S COURT GREYMOUTH.

Greymouth Evening Star, Volume XXXI, 20 May 1901, Page 3

WARDEN'S COURT GREYMOUTH.

May lSrii. 1901,

(Decision by R. S. Hawkins. Esq.)

Ellen Butler. Application for certificate of reservation, of timber area, and the New River G.D. Oompamy (Ltd.) and the Oamerons New Eiver G.D. Company (Ltd), were objeetors. I will dispose of Mr Guinness's first contention that the payment of rent by a special claim license constitutes a tenancy. —Regulation 79 (8.) *settles that point against him. HisVgecond contention that having once granted a license to mine for gold, I cannot grant another license over'the same land, is disposed of by Regulation 79 (9.), (10).

That the license to cut timber is not a grant of the land, is shown by Regulation 98 (9).

By Regulation 98 (11.) the Timber Licenses are declared held on the Bame terms as Mining privileges, subject only to the special Timber provisions, therefore I have ample power to grant a Timber License over the area of a special claim and to make conditions as to the terms of such grant. See 88 also provides for exercise of Mining Eights over Timber Areaß. After hearing the evidence of the objectors, I think I ought not to make the Reserve without imposing strict conditions.

In my opinion the holders of special claims for dredging purposes have a priority claim for cutting firewood, to the timber growing on the area of their claims.

In this case taking the timber of all kinds on 50 acres at 18,000 feet super, to the acre, ithat is three times the estimated milling timber) that would yield only 2,270 cords, and taking the equivalent of 8 tons of coal (the consumption of the dredge per week) to be 18 cords of wood the consumption every 50 weeks would be 650 cords, or say, in 8 years of 50 weeks each 3,250 cords. That is the result of the evidence, and if I take the estimated time for working the claims out at 10 years as stated by the witnesses, it is clear that there would be nothing like sufficient wood to work out the claims.

The holders of the claims have no right to out timber for general milling purposes nor even to exchange logs for sawn timber for pontoons. The only points then in favor of the applicant rest on the possibility of a road being made, or other facilities being given by which coal would be burnt instead of wood, or the failure of the companies to get payable results and being wound up.

In either of these events it seems to me that the applicant ought to have priorityover other outside applicants for a Timber License. But I can only give him this by reserving the area subject to conditions and this I propose to do if he is content to accept it on rauch terms. The area to be reserved subject to the right of the respective objecting Companies as to such parts of the timber area as are comprised In their respective claims, to cut any timber whatever for firewood for their respective dredges, and the applicant to be entitled to apply annually tor renewal on the same terms as his area is now granted, but not to have any Timber Sawmilling License granted in pursuance thereof so long as the respective Companies continue as going concerns, and they find it more convenient and profitable to burn timber than coal. Costs allowed to objectors, £7 lis 4d. Mr Hannau for applicant. Mr Guinness for objectors.

Mr Hannan was prepared to accept the conditions, and the application was granted with the above reservation.

Monday, Mat 20tb

(Before Warden Hawkins),

C. Skelly. Two prospecting licenses of 100 acres, Arnold Biver. Granted. A nFoot. Two prospecting licenses of 100 acres each, Hohonu Survey District. Granted.

W. Wilson. Prospecting license of 50 acres, Fuchsia Creek. Granted. ** J. Ciilwell. Prospecting license of 50 acres, Fuchsia Greek. Granted. J. Howey. Two prospecting licensss of 100 acres each, Brown's Terrace. Granted.

Ed. Sheedy and M. Noonan. Prospecting license of 100 acres, Camerons. Adjourned for plan. J. Skoglund. Prospecting license of 100 acres, Arnold Flat. Granted. O. Butler. Timber reservation of 100 acres, New River. Granted. A. Johnston. Section 20 acres, Dobson Eeserve. Adjourned. J. Mosley. Prospecting license 90 aores, Dobson. Withdrawn. J. Druce and W. Joyce. Special dredging claim of 84 acres, North Beach. Referred to the Minister. J. Marshall. Sawmill license of 200 acres, Deep Creek. Adjourned.

Same. Two timber reservations of 200 acres each,, Brunner Survey District. Adjourned. Cock-eye Gold Dredging Company. Special dredging claim of 42 acres, Cockeye Creek. Referred to the Minister. J Tayloy. Mineral license of 320 acres Zotoku. Dismissed.

* N Mortensen. Mineral license of 320 acres, Kotoku. Dismissed. J Baxter. Timber reservation of 115 acres, near Kokiri. Granted. Saunders v Roberts. Claim for the cancellation of a water race. Declared abandoned and plaintiff first applicant.