WARDEN'S COURT, HOKITIKA

Hokitika Guardian, 27 August 1920, Page 3

WARDEN'S COURT, HOKITIKA

THURSDAY, AUGUST 26

(Before Warden Maunsell)

Stuart and Chapman (Mr Murdoch) for certificate of protection on timber rights at Pukekura. Objection by D. J. S. Diedricbs, (Mr Joyce). Adjourn ed from the Ross court. The. Warden stated that this was an application «s to which argument had been taken at' Ross yesterday, Mr Joyce for the objector having claimed during the course of his argument that the case ofr Clifton v. AVeiblitz heard in the Appeal Court bad decided that bis objection could be received by the Warden. Mr Murdoch had argued that i tlio case referred to by ;Mr Joyce could be distinguished in that, is that case the AVarden had jurisdiction to make the grant without reference to> the Minister, whereas in tlio present case being an application for protection for a period exceeding six months, the Warden could not make the grant until consented to by tile Minister of Mines. The AVarden proceeded to state that he had now examined the case referred to and found the circumstances were altogether different from the present ease. In the Appeal Court case he found that when the original application had come before the Court it was inaccurate and insufficient. It had been adjourned for plaintiff to put it in order. AVlien a true application had been compiled, (being an application for a. mining claim) ajnd dealt with an objection had been put in and under these circumstances the Warden bad rightly heard the objection. As to the present application be found that it was heard on its merits at Ross on June 16th. on which date the real hearing wals concluded. -The application had gone forward to AVellington for the Minister’s consent, and it was now too late to lodge an objection. He therefore -upheld the preliminary point raised by Mr Murdoch and struck out the objection. The application for protection; would be granted for twelve months as from the date of the Minister’s .recommendation, namely August 17th. 1920. SUIT FOR FORFEITURE.--Gordon Harcourt, (Mr Murdoch) v. George Linklater, (Mr Joyce and Mr Pilkington), Suit for cancellation of four water races and two dams, Lake Mudgeo. < Lengthy evidence was given by Gordon Harcourt, J. C. Macfarlane, and James AYard, (Mining Registrar) for plaintiff and by G. Linklater for defendant. After Messrs Murdoch, and Joyce bad addressed the Bench, the AALirden reserved judgment.