ST. BATHANS.

Mount Ida Chronicle, Volume V, Issue 263, 21 March 1874, Page 1 (Supplement)

ST. BATHANS.

AV.uiden's Court. —Mabch 10. (Before H. A. Stratford, Esq., Warden ) AGHICULTUBAL LEASE APPLICATION. The application of Messrs. Handyside and Koberts, and objections by the Miners' Association, was again heard. Mr. E wing appeared for the objectoss, and stated that he would call witnesses to prove that a part of the area applied for is on the bed of a place known as the Three-Mile, or Tom Smith's Creek ; that a party of miners, a few years since, obtained payable workings out of the ground immediately above the application, though subsequently they left owing to the poverty of the ground; and that the miners requested that reserves of two chains might be made along the courses of all creeks in the application.

Eobert Brown, being called, deposed that he had, in company with Mr. Handyside, visited the ground that day ; and he stated that he considered there should .v.-t.. w A KJ UOA 1 AVI LiU »» 11 the eastern creek through the area.

Thomas Murdoch, called, said, on being that he had visited the ground and found it to include old gold-workings. discovered indications of gold on the area. Holds a water right from the western creek in the area to Welshman's Griiliy; He hoped SSISG dsj 7 ; WuCuUcLfld Worked out Ins claim at Welshman's Gully, to be able to sluice on the disputed ground. Believes, if the applicant obtains a grant, his (witness') wat-sy right would be lessened in value. He would ask tieatr, under any circumsianses, two chains down each creek Should be reserved.

Mr. JbEandyside having no questions to ask either of these witnesses, the Warden examined Murdoch, who said, in reply to questions, that, although he had seen the advertisement twice in the ' Mount Ida Chronicle' in August last, he had put in no objection until Christmas time. He had no knowledge of the locality as pegged out until that time. The only portion of the area, if granted, that can interfere with the auriferous ground is at the eastern corner. He considered all the area eastward of Smith's Creek should be open to miners. In regard to the west side he could say nothing, but that his water race will command the whole of the ground. The Warden suggested to Murdoch that he might turn his water on and prospect the ground, to better substantiate his objections. This the witness declined to do, pleading other present engagements. This closed the case for the objectors. Mr. Handyside then stated tiiat Mr. Warden Robinson heard the application on the 30fch of September, 1873 —no objection being lodged to that date. He informed me that my application would be granted if the surveyors report was favorable. On January I9th he*wrote to me the lease would be granted if I forwarded Mr. Field half a year's rent, which has been done. Since then. I have received a letter from Mr. Warden Stratford, naming a day for the hearing of oh* jections. I met Mr. Brown, miner, today on the ground, but found it imposto r-ake sny tsriss Trith. his, as I could see that a new survey would have to be made, and I wanted to know at whose expense P The old workings on the area applied for are on the west side and not on the east. The spur spoken of as auriferous includes a large portion of the area. The western creek runs right down the centre. A reserve on that creek would make the block useless. I can believe that the whole area is auriferous, but not payably so, as miners who have tried it hare a-bazidoßed it as Tinpayable. lam quite willing to a reserve being granted, a chain wide, down the eastern creek, as an outlet for tailings ; though I would draw the Warden's attention to the fact that there were no objections put in during the advertised period. The objectors having no questions to ask, In answer to the Warden, Mr. Handyside said : I built my woolshed before I applied for the land. I have made improvements by way of fencing. Mr. Ewing here stated that the miners most interested in the subject had been negligent. He considered they were much to blame for leaving the matter in the hands of the St. Bathans Miners' Association. without moving themselves. When % wrote objecting he had most imperfect information, not being aware of the creeks existing on the block. Now he was aware that the creek referred to in his letter was known as Tom Smith's Creek.

The Warden quite agreed with Mr. Ewing's remarks, that there had been gross negligence on the part of those who now professed to be interested, and that Mr. Handyside had shown a liberal spirit in being willing to make concessions after the matter had been, so far as he knew, closed by Mr. Warden Robinson's letter making the grant upon survey. He would give his decision upon the 31st March.