AHAURA.

Grey River Argus, Volume IX, Issue 738, 11 October 1870, Page 3

AHAURA.

(Before Mr Warden Whitefoord.) Thursday, October 6. James M'Laughlin applied for an agricultural lease of 50 acres at Waipuna, near Mackley's, in the district of Noble's. The application was opposed by S. M. Mackley, on the ground that a house, which he claimed as his property, stood within the boundaries of the lease applied for. It was also opposed by William Henry Lash, who alleged that he had applied for a lease for the same land on the 6th April, 1860, but on the application coming before Mr Lowe (the then Warden) it was refused in consequence of the opposition of Mr Mackley, who said the ground was within the boundaries of his run. A recent survey had since proved that this was not the case, therefore he (Lash) claimed, that in equity, his application was still before the Court, and that he had a prior claim. The Warden was also of this opinion. Mr Mackley's objection was disposed of, by giving him permission to remove the house standing on the land applied for, which was all he required. The further hearing of Mr Lash's objection was adjourned until the Warden had Mr Woolley's plans of the new survey before him, and in the event of his not being able to arrive at a conclusion satisfactory to himself, he would then visit the ground and make an. equitable arrangement between the parties, and also make an order as to the costs. S. M. Mackley applied for an agricultural lease of 50 acres near the head of Noble's Creek. It was objected to by Jas. M'Laughlin on public grounds. If this land was shut up there wotild not be a spot of grazing ground available for' the public use left in the district. The applicant contended that the opposition to his application was factious and frivolous ; there was abundance of land, such as the land he applied for was, when he first took it up ; if it possessed any value as grazing land, which he doubted, ii was he •who made it valuable, because lie had sown grass on it. The Warden said Mr M'Laughlin's opposition was irregular, as sufficient notice of his intention to object had not been given ; but independent of that, it would be against public policy to deprive the district entirely of the right of commonage. Mr Mackley bad already a good slice of open country (2200 acresj, the loss or gain of this additional fifty acres would not affect him much, but it would make a material difference to the packers and others who now used it if they were deprived of it. Before finally disposing of the application, he would visit the ground. Costs to, sabide5 abide the i Tesult. ■ , ( I After disposing of several unimportant 1 applications, the Court adjourned to 20th Cctober.