DISTRICT COURT, WESTPORT.

Grey River Argus, Volume XII, Issue 1226, 3 July 1872, Page 2

DISTRICT COURT, WESTPORT.

Mining Leases at the Inangahua. In the District Court, Westport, Judge Harvey gave an important decision affecting the question of mining leases at Inangahua, as originally raised by the action of the Provincial Government. The case upon which the decision given -was that of John Clarke and others v. Keenan and others, and had been stated by Warden Broad for the opinion of the Judge. ..,..- N On the first hearing of the case in the Warden's Court, at Reefton, the complainants alleged that the defendants had trespassed and encroached upon certain ground applied for by them on a lease, and was laid under the 108 th section Gold Fields Act, 1866. The facts of the case were as follow :— On the 6th October, 1871, plaintiffs applied for a gold-mining lease of 12 acres on Anderson's line of reef, and N.N.E. of their prospecting claim ; fulfilling the usual preliminaries as to pegging off, and payment of deposit. On the 2nd December, no objections having been lodged, Warden (riles decided to recommend the granting of the lease. In January, 1872, defendants marked off a portion of the ground so applied for, and took and remained in possession under miners 1 rights. No proceedings were at that time taken by the applicants for the lease. . On the 22nd April, 1872, the Superintendent, by. Gazette, notice, signified his intention togrant (under the delegated powers held by him), after two months from that date, a lease of six acres to the applicants, insteai of the 12 acres applied for. The following resolution of the Provincial Executive was also published in the local paper for general information :— " When applicants for quartz mining leases are granted a reduced area, the applicants may select the granted ground from either end of the block applied for. Subject to the selected block being laid off with a width of (600) six hundred feet across the supposed line of reef, and the expense of. re-survey being paid by the applicants." On the 7th of May, 1872, a further explanatory minute was forwarded by the Provincial Government, and also was published for general information in< the local paper as under: — "When applicants for ; quartz mining leases are granted a reduced area,, the applicants may select the granted ground at either end of the block applied for, subject to the selected block being laid off with a width of 600 feet across the supposed line of reef, and the expense of re-survey being paid by the applicants. When the land applied for is already held by the applicants, under miners' rights, the reduced area may, at the option of the' applicants, be so measured as to include the full length so held along the supposed line of reef, the excess of the area granted beyond that held as a claim, being taken across the supposed line of reef." On the 13th of May, a further explanatory minute was passed by the Provincial Executive, which was also published in the Inangahua Herald for public information as under : —"Minute of Executive Council.' Resolved—That when applicants for goldmining leases are granted a reduced area, the ground to be leased may; when practicable, be so laid out as to give 60f talong. the supposed line of reef to each half acre granted, the same to be taken in one block from either end of the block originally applied for." On the 6th May,1872, although they had, not withdrawn their previous applications, Clarke and party made a fresh application for a lease over the whole ground applied for and repegged it. On the 7th May, lie Surveyor Woolley, who was engaged to survey a claim for the defendants, Keenan and party, proceeded to the ground, posted a notice that the ground was open for occupation by the holders of miners' rights, and divided the ground applied for by Clarke and party into two ; but this was not done by the authority of the Warden. On the 7th of May, Keenan and party pegged out a claim on the ground applied , for by Clarke and party as a lease, and • on the Bth day of May registered the claim in the Warden's office. The history * of the case as to dates may be thus summarised:—Oct. 6, lß7l.— Olarkeappliesfor 12 acre lease. December 2.— Application heard and recommended. January, 1872. —Defendants take up claim on ground applied for. April 24.— Superintendent l announces intention to grant 6 acres. May 6.— Applicants put in fresh application for 12, acres. May 7.— Keenan and party again re-pc« portion of ground and have it surveyed. May 7.— Explanatory minute from Executive as to how reduced areas may be taken up. May 13.— Further explanatory minute from Executive relating thereto. Mr Button having spoken to the points at issue, on behalf of the plaintiffs, submitted the following questions for the decision of the Court, to which is appended the answers — y 1. , Was the Gazette notice, of 24th April, 1872, notifying the intention to grnt the applicants for the lease a reduced area of six acres, a granting or refusal of the original application ?— • No. 2. Was the ground applied for as a lease on the 6th October, 1871, protection under the 108 Section of the Gold Fields Act, 1866, until the applicants decided whether they would accept such reduced area, or abandon their • application altogether?— Yes. 3. Was the fresh application for the lease on the 6th May, 1872, an abandonment in toto of the former application ?— No. ■;-.■•■ '" . His Honor also expressed an opinion that the proclamation in Gazette made by the Executive Council were totally valueless, they having no power to make order on regulations relating to leases. £5 5s in case were allowed, and the case • will be heard before the Warden's Court at' Reefton. ' > -; ;: