WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XII, Issue 1216, 21 June 1872, Page 2

WARDEN'S COURT, AHAURA.

Monday, June 17. (Before Mr Warden Whitefoord.) George Nelson was fined 20s and costs for carrying on the business of a saddler without being duly licensed. Campbell and party v. Cantrell and party — A complaint that the defendants were driving a tunnel through the frontage claim of the complainants, and removing auriferous earth therefrom. The plaintiffs claimed L3O as danmges. The parties are working at Martin's Creek in the Blackwater distriot of the Little Grey. The plaintiffs obtained a certificate for a frontage claim in April, but at that time the tunnel of the defendants was in existence. They had since made a deviation, or cross-drive, and deepened the tunnel. It was the earth removed during these

operations which plaintiffs said was their property, and they estimated its value at the amount claimed, although, the de? fendant said he used it to fill the space above his laths. The Warden said that when the plaintiffs obtained their certificate, all existing rights were reserved. The defendant had a certificate for his tunnel, and he had power to. deepen it if he chose. With reference to the deviation in the tunnel, it was necessary to ob: tain the consent of the Court before such works were jkoceeded with) but in this case it was not clear that the deviation was not made before the defendants obtained their certificate. Judgment for the> defendants with L 5 Is costs. Mr Guinness for the complainants, Mr Staite for the defendants. J. W. Jones applied for possession of an abandoned head-race at Callaghan's Creek. The application was opposed, by Walter Burrell, on the ground that the race was the property of his brother, J. T. Burrell, who was at present in New South Wales, and whose agent he was. This case has been before the Court before in another form. Walter Burrell was sued for debt, partly contracted on account of the race and claim, and a judgment was given against him: His interest, if any, in the race was sold by the bailiff, UDder protest from Burrell, who alleged the race was his brother's sole property, and he was only a tenant j paying as rent 2s 6d in the pound on the gross yield of gold. The present action was brought to test the right of J. T. Burrell to the property, and to formally determine the ownerohip of the race. Mr Guinness^ appeared for J. T. Burrell, and took a number of technical objections, all of which the Warden overruled. The evidence of the applicant showed that Walter Burrell was the actual owner of the race up to the time it was sold, at the suit of Aikin and Magill, and that he disposed of . the proceeds as he thought fit. Since the sale the opposer did not work, or cause the race to be represented. Mr Guinness wanted to show that the race was represented by Aikin and Magill, and therefore the application could not stand, as the race was never actually abandoned. Mr Staite for the applicant, pointed' out that, the action was not between Aikin and Magill and the applicant, but between the applicant and the claimant to the race, or his agent. Mr Guinness contended that it was competent for his client, J. T. Burrell, to hold the property, aithough he did not reside within the colony. He produced an unbroken chain of renewals of registrations for the rate, and of miners rights for - the claimant, who, thd learned gentleman said, would soon return to claim his property in person, notwithstanding the assertions and foul insinuations of the other side that his cliant had bolted from his creditors ; whereupon Mr Staite observed that this " would be good news for some one." It was further contended for the claimant that as his certificate was still in existence the application could not be granted until the certificate was cancelled. The Warden, in giving judgment, said he was not satisfied that Walter Burrell had legal authority to represent his brother. The Court was aware of all the circumstances of the case, because the matter had been before the Court previously in [different phases. If proceedings of this I kind were permitted, it would only be j necessary for any person to get a conI venient brother, who might never have : seen the property he claimed, although as long as his registration and miners' rights were kept up the property could not be touched, even if the party in possession, and who reaped all the benefit, contracted debts and was sold . off. Suppose the race was the property of J. T. Burrell, he should have taken care to have it properly represented, and his neglect was at his own risk. The application was granted and the certificates of James T. Burrell, cancelled. . Richard D'Arcy applied for an agricultural lease of 50 acres in the locality of the Slab Hut Creek, on the' new road to Reefton. The application was postponed for the report of Mr Lewis, the Government surveyor. There, were between six or seven hundred acres of land applied for in the vicinity, and the boundaries might overlap .and lead to confusion if they were not arranged by the Surveyor; A number of unimportant applications were disposed of, and the Court adjourned to 24th June.