AHAURA.

Grey River Argus, Volume IX, Issue 699, 12 July 1870, Page 4

AHAURA.

Thursday, July 7. (Before Mr- Warden Whitefoord.) . James Anderson, Marcus Moss, and party v. Jas. Armstrong, Thos. Cooney, and others. — A complaint that defendants had illegally taken possession of a portion of complainants' claim on the new quartz reef at Murray Creek, Upper Inangahua. Plaiutiffs proved that they took possession of the ground in question on 3rd June ; they went back to Soldier's Creek where they had been working previously, but in consequence of the flooded state of the Inangahua they could not get back to the claim on the reef until the 9th or 10th. In the meantime the defendants, who held an ordinary claim next to Anderson's, struck good gold, in a body of stone in their claim, and the claim next them being, as they (the defendants) alleged, abandoned, they included it in a new claim •which they marked out, and for which they obtained a registration certificate, as a prospecting claim, at Cobden on 20th June. Defendants based their right on this certificate and abandonment, plaintiffs not having their claim registered until after the date of defendants' registration. Complainants proved that they had used due diligence in endeavoring to obtain registration; one of the party (Moss) was dispatched at once to register the claim, but for various causes, and principally owing to the flooded state of the creeks and rivers, the registration was not effected until the 21st June. It was moreover contended on the part of plaintiffs that the defendants had obtained the certificate of registration at Cobden by misrepresentation. The evidence in this case was very contradictory as to dates. The Warden, in giving judgment, said the case presented different features from the one recently tried ir Court, although the question to be decided was somewhat similar, namely, the right required by priority of registration in quartz claims. It had been shown in the former case that the party (Hunt's) had not shown due diligence in endeavoring to register their claims, and in this case he was satisfied that the complainants, Anderson and party, had made every effort and taken every reasonable precaution to comply with the regulation. The evidence of Moss as to the cause of the delay in effecting the registration had been borne out by the other witnesses, and the Court was satisfied that complainants did not attempt or intend to evade compliance with the rules. With reference to the allegation that the complainants had abandoned their claim that went for nothing. It was shown that one of the party, who did not go to Soldier's Gully after the claim was marked out, was— when he was absent from the claim — rendering assistance to a sick and disabled miner. The others, who went to Soldier's, were unable to get back in consequence of the flooded state of the rivers. On the other hand it was within the knowledge of the Court that defendants did not represent the facts as they were, when they obtained the certificate of registration at Cobden. It was evident that Armstrong first marked out two men's ground, then altered it to a single claim, and then amalgamated them, and registered it as an ordinary claim. These facts, with others, were concealed from the Warden at Cobden, and the member of Cooney's. party who applied for the prospecting claim, stated in answer to questions, that the reef had been discovered in the usual manner, that the ground applied for was unoccupied, that there was no objection to the application, and that it was not probable the granting of the certificate would lead to any dispute. Under these circumstances the Court was of opinion that complainants had made good their case, and that they were entitled to the ground, ! ahd, as the Court thought the defendants did not come out of the matter with clean hands, they would have to ! pay the whole costs of the suit. The costs amounted to L 5 13s. Mr Davies appeared for the complainants, Mr Drury for thq defence

The court was crowded during the hearing of the above case, which was in reality, ( and in effect, a auit for.theicanceftation of a certificate for a prospecting claim. It adjourned at 11.50- jJ;m*. to July 21. £