WARDEN’S COURT.

Hokitika Guardian, 31 August 1923, Page 4

WARDEN’S COURT.

TUI'BSDAY. ACG. Htith

(Before Win. Alcliirtt*.n K-q. 5.. M.)

Si'lT |''OK. FOItFIvITCBI'

.Mining Begislmr at Okarito, w ith the (. -mini!-sinner of -State F nv»ts (Mr Kitchingham) v. dames .Mineitan (Vi .Murdoch) a -nit for forfeit tiro of a sawmill area of IGit acres at kiltie Wanganui. In o; .‘tiing the ease. -Mr Kitvhingh.im said this was a suit for the cancellation ~f a saw mill area in the LitCo Wanganui itislrh t. Since the State f• 'rest Act had come into force, the area had been declared a provisional State Forest. The license granted u, jii-Jll. and prelection Imd been granted tliiit ran mu in November, ' edl. in Mag of la-t year I Hither prntecHiill was granted for I'd mouths, subject t" a tramway being made In connect the wit ti tha defend:! It I'.- saw mill. I'i e protection had run out on Ihd. .day la-t and a- nothing had been dune since, ihc-r pin,codings were taken tor ca itcc 11 ;■ tf 1 n i i.'ter continuous default for GO days. At the date of taking proceedings £lO was owing lot' rent on the area,

Charles W. Carver. Mining llegistra at Hokitika, handed in the do-n----inenls connected with two lilt's ilfl’ectuig protection granted the area in question. Also Hint £lO had been paid in on behalf of defendant for rent on the area on August 28th.. the amount due in GOlli. .lime. lHd’T

Alexander MeGavoek. Conservator of |m ie-1- at Hokitika gave evidence 'lmt lie kn-'W the area held by Minelmn was cnmi'i'i-cd in provisional State Fores*, lie v. a an objector to tlie application I o' protect ion by Minehan in May. 1 tid'd. At (hi- Stage. Mr Mind', eh objected tn th,- admission of any evidence more than ti months old leading to fmleituvo b. ing taken. Willi:--- continued— Miuc'mui g.ue an unde! t a king to connect up the t rea within Id mn'ii hs with In's own or kiiik’ olhoi .-aw mill. 4 >n !Hh. .March and Sided. August ins: er-ied the mill which w as in a bad .spite of repair and ‘ lie wooden tramline i\-"|(iire ; 'renewing. Tile mill did not appear In be any danger of being v.ashed away by He river, which Wa.< 15 chains away. N'n attempt had apparently been mule to work the mill. To Mr Mur,Feb lie pul Ik.- vain.of ti:e mill at Ldllttt). to id I -JO). A mill that could cut oDC'.lft . a day cmlil .ml ■lie called a dummy noil, lie old '■ t. know a paiiy who had a ecntrael lor a. road to give ac -es.-: had tlhnuii > p tlu* work. William 1,, Fleming depr-ed Ite was Crown bauds Banger, lie inspected the area in April 1!*22. No work had then b. u done. Was down on August Ifllli. la.-t. l-'olmil the tiamline ) I'etty rotten and would require t ■> he renewed before ir ••.•nil 1 •• again u-cd. Tlicie lini me apja. a ■ ’ ' ta. o turn h danger 1 i-oin er, -ion by the rim to jhe mill, a- lorim-i-li. Minehan Imd l-'dil him •lie! lie had done nothing on his in i i I | n n-e. and l In I l.e did In U I. t:o v.h.it he was going to do yet. .lame- K. 1,-iing deposed Ii- "as ;, clerk in I lie W’ipden's t olirl. A l-heque for £lO had 1 ell paid ill by Mr Mitrd ■(-!,. low , if - royal i y cm .Mim-lmi's sawmill lieonso, an Okaritn application. Did mil know then ihni lent bad anvt him.; i ’ do with the pre-eld pic e-d----ings. l ater found it was owing to' iv nt. To Mr M nrdo.-h lie found out I ' 1 er (hat i he payment was lor rent. c,nme:l----c. will) 1 hi- ca- e. hut he did not tell Mr Murd , I, any'bing about his nt--ap.pi ebei;-ion i.s le- did imt think ii 'as '!' i i i s was ih-' e'-e i'.. r phi i nt ill's. M, Mind eh led evidence. dame- Minehan depo-e I he was i lie ihl ii.laid, a set tier at U»i ii'ari : ud a s:i wmiller. He was I’m la Id, i ot a saw!e.d! lieeii.se ~f -!nt» a: re-, from • f e \\';ii den'-' ( uni t. ite h "1 a -aw mill worth over £12(10. It v. as (a; aide of ellti'ilg. at least. ()G00:1 - a day. Wax grant ,'I protect inn last year. The •'!-

feet of the bridge works were to cause tile channel •to shift its course. The Education endowment reserve had been damaged to the extent of over £2OOO, a.s a result of the river encroachment, and the .Minister of Public Works hsul recognised the hard-hip of the position as it all'ecied witness. He had gone to Wellington to give evidence before a parliamentary committee on the injury he had sulfei' d by tlie erosion of ike liver. He had brought a ease for damages. but had been advised that lie could not go on with the claim. He had gone to Wellington and before the committee Hon. Coates had stated unit it' was a ease of lfarihari or Minehun and .Minekan had to go. 'I his was in icferenee to protective works on the 1,.a1e Wanganui liver. His position Had been very sci iously affected, financially. by tile loss, lie had done even- step possible to bring matters to a satisfactory conclusion. With regard to tiie tramway, lie had 'taken an expert over the proposed line, tie outlined his proposed course. He was prepared to cut the necessary tramway and make connection with the irei. He asked for a line in lien of forfeiture.

Witness "as cross-examined at considerable length. To the Hunch It was nearly ivo years since the mill had worked. One of the Forestry officers advised ■witness noi to d> anything to the area, as lie would not I c able to hold ,ii. lie was prepared- to commence operations within a, mouth, and to c aniline working continuously. .):.,t»j li Burgess gave evidence hat lie was a hush contractor., and some months ago had given a price for about If miles if trim"ay. and would ho ready to stmt in a few days. Tiie Court adjoinnod at b.lo p.m.

EVEN INC ,-HTTIXC. The taint resumed at 7.0 p’.m. Mr Mm docli and .Mr Kiteliiligham addressed tlm Court at length, ihcir addresses lasting till 8 p.m. His Worship said in this ease he was asked by f.ho plaintiff to decree lorfeiture of an area of -100 acres, held under a sawmill license. The grounds were firstly of default of 00 days m the pay nil'll i of rent. Strictly anti technically the plaintiff would be entitled to a forfeit are but for the fact that the lent had since been paid. There wa- no reason why a fine should in) justified instead. There "as nothing to show it forfeiture were decreed that any use would he made uF the area within a reasonable time. The chief grounds for forfeiture were wanting in the present case. No doubt

was involved as l > which party was more likely to piolitnbly use this piece of lui-li. There were three other grounds for forfeiture. One was Hurt ltie men w;e entirely unused and the second that defendant had failed to provide a nawmill plant and third, that, lie bid, failed In keep the plant in working order. The period lie loubl take into view for these three causes was merely the 7M days that had passed since 18 1 1 1 . May last when protection ended. The facts were not in dispute. Defendant has net used the ground or worked tile sawmill. The question was whether lie should decree forfeiture or take into view the special cireiiinstaiices and indict a tine ill-toad

| Tiie delembmt bail given evidence m | show that during the past year or | two ho had suffered considerable l.v.s | by the erosion of the river, lie had I been a settler for lb years and then | inal came the damage from the river vclueli had hampered him considerably jin the l rtiseeution of his sawmill. He ! Pad ih'iie his 1,, rt to recover damages lliHin the (bivernnieiit by action and ! ail appeal to parliament. lie tliollglil | lie was entitled to every consideration |at the hands of (lie ( unit under M c : i d'eiini't iwc'. lie had certainly been | the victim of niislorl line, hut now he j spit,-! h,, was able to go on with the | tramway, lie bad pointed out 'bat i lie lu'<l expected till* County Council to cnii)! lei i mad leading towards the ! j, IV I. l.le . , iqeitdy w a,- j 11 -r ilied in jielving on tin 1 export.-!tifii nl the work | In-jug eoaipleted when once it mid I i, v; commenced but l Ins bad not vci |I, ..li don.', t>u the " hole the defendj am lr d made a claim for the eonsidemc. ion ol the t'ourl. He was not a I mere spiK-uiaior. hut a haul working j settler and was entitled to consider;'- ! lion. Furl her he (the Waroen) eonI sii! •■ i-■ lii was in the public interest to i give sill.port li a loan who is nir- ; | i; ,t cl to |'u-h on Ihe tidva moment I i i’ll* di; triet. Tii.- opening ol the t'tn- | is | made more demands for sleepers. ; •,,| ji wv. iii Uk-i public interests ’hat |,P t'l'inlaiu iiould l r allowed to make . ,|. pi, ileuigbi a nominal fine Iwo Id be a stiflieieiii penally. Deleml- ! as: v. mild he lined £o and ordered to i pay co ts uf the suit, 17s C' lill co-m j and £7 os coilii.sefs fee.