WARDEN'S COURT.

Mount Ida Chronicle, Volume V, Issue 268, 25 April 1874, Page 2

WARDEN'S COURT.

' . "i -Monday, Aphil: lOth! v ' ' : {T..-lor*■ H.'-A. ■ Warden ) 'LAWEIt ANI> ' G.UFPIE- 1 -VPFEICATIoir FOR MINING LEASE. , F. Huberts for Christian and Nicholas objecting, 'Mr. G. F. Rowlatt for applicants.- ■ - ' ■ - Tim application was for ten acre* under the Mining Lease Herniations.- situate .in Pat's Gully, by Rich:tnl.;La«'er auU William Gufiic. John Christian, being sworn, said : We liavi- been working on the ground included ; within npiilicmis" p<-gs since De- ' (.-emher, 1873. We hive, not yet cleaned" up! ho gold. WcJinvc a registered tail race, 2lt>6. also a registered head race, 266 Neither head race or tail race could bo of use if area is granted. I do j}ot know of any other ground phut we oan work'at present with the race. 'On t'.ie 28th-of March", 1874, WmUrked out an ordinary claim inside the boundaries of the htininir h-aso. 'applied' for,- but cjid not know Guflle harHhcn parked off (he grdnnd. : Tn'e applicants p<<sVcu their j|olioc m 8.30 p.m.'on tli f f'2o,h. We mark/cd olfat 8 a.n:. the samu day. The area applied i'or;iK : not maiic-cl acwdiugMo Iho regulations: 'tii'o south-we'ss'peg King deficient. The south-east tretioh is not six inches deep for its cniiro length, '(he •<outh-west peg has been added to ?iuce

area. We. sometimes employ two men, and sometimes six. Qur head race, dams,

&c, cost us about £200". In cross-examination the witness said : Our a legal one—marked, according to regulations, with cairns and trenches. One cairn was'washed away a few days.before G-uQie marked off. The - Ist peg was- washed away perhaps for even a month. None of the original cairns are -standing-now—they-have been repaired and. substituted at. different times. The boundaries have not been refused. On the 27th March, 1874, we had no claim marked "with bairns and trenches. I saw ffuffie and Lawer tamper with their pegs 'since marking. Sixty or seventy yards of cur tail raiie are within the application. Ourtail race is, half a mile. long. The* claim we took two years ago, is in area applied for. I have prospected below the' irining lease area applied for. .. I decline to state what gold we have taken out of the ground.

.In answer to the Court: .The-ground is not, open for extended claims.. ,We could .only hold ordinary claims., I would have.; applied for a.miniug lease, but knew' the Kyeburn jniners would object. William Nicholas, being sworn, said:' I can corroborate "evidence of last witness in-all- the -main'particulars—except in regard to, .the. tampering.with pegs; and date of working away of our ..marks.. Our head race is'nofc-th'e only race that" would: command-the .ground. Elliott's race, if, brought, four,miles, .c'cmmaud'the "ground. We" have paid £6OO or £7OO in cash, remainder in labor up to . £IOOO. :The £SOO was - spent by Christian and myself.

.Frederich Caspar was called .to give' evidence for objectors as"to deficiencies of, 6rii<fie's pegs. ' - • Creorge Stephens,- carpenter, Naseby, being sworn, said : On 26th Marcb.,-1874, -Isold (?uffie and Lawer'some quartering. 3in. by I£. ;I ! Dailed it together for them. I then measured the timber. It .was three-inches outside measurement". lent it into four lengths 3ft. 9in. I was asked to'm'easureHhe timber- I did-sb'.-- "- 1 i pl .s Cross-examined by Mr. Roberts, ■ for objectors: I also sold some of,,the same timber to Christian arid Nicholas. I got the timber from town. Sometimes quartering professed to be~l-£'' only turns .out , I£. Timber might.shrink ■£ of an inch. William 6ruGle, being sworn,' said*: I | bought the timber from Stephens, the last" I witness, lor our lease area at ETyeburn Peninsula. I marked, ifc out with Ste-. phens' "pegs'. The .pegs, when driven, were three feet above" the surface; some ! were _more. "The pegs measured three, inches each way when'we left. Naseby with them. The timber., was wet, and might shrink. All four'had shrunk' on the 18lh April. The" S.W. peg appeared deficient, and we nailed timber-to itr The trenches wore regular. We posted the application on the 28th March. Uur own mining lease claims are at Mount Burster. We can work there only eight in the year, in consequence of', the weather. We want this lease to occupy o'ur spare time. It would take twelvemonths' to bring ia water—we could then employ twelve "men. ■ I have heard the objectors say their ground "would pay £l2 a week. »' In,*cross-examiriation he said': On the [2nd April we.:(6ruffie'and Lawer)" measured the pegs and trenches, but would 'hot touch the trenches for fear of dispute. I believe the miners can ,work at the Kyeburn through the winter. THe-mining lease area is higher still than Kyeburn Diggings. - - • , ' ' "-- »■•'."*' _-■'■'■ ;

I In answer to-the-Courfc witness said :I" on*n eight acres with Latham at Clarlt's, and am-asking for one acre more. We could.bring a race-to.the.ground-from the Little ELreburn —eight heads,' with a third right. "We would have to bring it ten .milf.s, at. a cost of £IOO a\mile. ; ■•■.'. liichaid Lawer,. being sworn, corrobo. rated the previous -witness' evidence, jlr 1 addition,"he said *he'held six' acres'.a Mount Burster'only. - '

- .- - - - '7--William Williamson objected on be half of,residents at "Kyeburn "Diggings, and banded in—a—memorial signed "by •thirty-five holders ofniin'ers/Vights."* j

Cross-examiiied, "lie said: Neither ;of ' ther objectors .'had requested hiMto "enter this objection. -Had-no interest in Chris'tian's*claim;-, biit.was- getting water from Elliott.- 'No -mining * leases. have been granted on the Kyeburn. ' Would think ten acres too large, even if a race costs £'Boo, because the race-would work other ground as well. i

On Wednesday at ll'a.m. judgcnentjin this case was'given : J - J - ' r J his case the" Warden 'said now before the Court is.that, on .March 27.1 h Bicha'rd Lawer- ! and William Guffie" marked pff] certain land -in- the .Kyeburn Peninsula;' according to'the regulations, and with appljcations' on the area so' marked.- They'also advertised twice in the local newspaperias to size;, of lease .-applied , s for,:;&c., as re-" quired. As to the marking, it appears that, as regards, .the size of pegs, and depth of trenches, the law was complied with.,. With regard t0... facts.!,note—(;l) ThatGuffie and Latham have "a" lease !of eight acres at Clark's Diggings. - (2) Tliat. i Lawer and others" have six acres also - I granted to,them at. Clark's. These applicants - (Lawer and Guffie)' have eight months work at" Clark's, and desireto lise the new lease now applied for during the winter months. They also, propose to expend £BOO to cut a race to -work the ground .they, ask for at the. Kyeburn Peninsula. Christian and Nicholas have, for two years in the locality at the Peninsula. They own a race I.which, cost them, and another. (Elliott) £2OOO. £IOOO, of tliat.mhney'waV paid for by objecrors (£7OO in cash). Theybave also spent £SOO in extension-of race," and other works in connection with the ground in and about'the area-applied-for. We may look/upon- their property, at 1 a rfniiih estimate, as worth £ISOO. They have a tail race within GufhVs pegs, for which ;i. certificate is held—l No. 2106. Tlwy.have already enjoyed thenndis'tuibed occupiitionofabout three of rich ground, and, without'anv knowledee of Guffie's intent-, they, on the 28th of .■March, marked.off two ordinary claims. 'lf unmolested thej' could shift their pegs from time to time, until they-worked out tha 'whole ten acres supposed to be auriferous. A.number <->f miners at the Kyeburn have,.memorialised against Gurae's application, but 1 heir petition is not i backed up ; bv any grounds. '■' Public opinion " and " moiv>poly " are sounded forth with trumpet voice, bjit withjmcertain and- unintelligible sounds. ' Public petitions and nublifiop.iniqnEj.are respected if base'd onVleai- "but are justly disregarded otherwise. There is a suspiejon in the mind of the CouM that Cliri:;ti'in atul Xichqlas may hav« thought to

duced in this Court on the 20th April, it is shown that nothing has taken place to prevent other persons marking off ordinary claims, and bringing in water to work.at.the same risks as .Nicholas and Christian. This can be done yet. A principal point then before the Court is this : Shall a bona fide investor be allowed to come in and spend £BOO, to employ six men after twelve months' time, to work at the least four months a year; or leave two men to yet reap more benefit from their three acres for the expenditure already . incurred of £1,500. As there is a certain, check upon undue monopoly—for undue monopoly may sometimes be justifiable—and as Christian and Nicholas have at present ordinary claims (if any), I must undoubted!} rule in their favor, especially" when I consider that they have a certificated tail race on the ground, and were preparing" to continue the "work before tliem. lam -willing to admit that if Christian and Nicholas had v applied for a lease of ten acres in tlie same place, withall the appliances they have, I do hot .think that, knowing what I. do'now about the quality ot\the ground, that the Court would „ have - granted the application. How much less then should a grant bo made over their heads to strangers whoaro now enjoying immense rights in another place. - There is something ugly in the action of the applicants going out on the 27th of March to mark off land in Nicholas' absence—knowing him to be away. II they had wished the Court to think well of their action, they should have proved that ihey went to Nicholas said : " I- want some ground here, and •tend -to take it. Shew me your pegs," and then marked off, not ten acres, but "something considerably less, outside the direction' of Nicholas' tail race. They cannot-"ask the Warden to participate in. an action that is ugly. I suspect that they, from the features of the case, aimed at the possession of a monopoly. Application declined. Costs allowed for two witnesses, £2; costs for one witness,- Caspar, »disallowed, owing to the, unwilling. *ness with which he gave evidence in answer to the applicant's solicitor.

L At the conclusion of the case Mr. Bailey-was allowed to object to Mr. .C. P.' .Roberts, not being an authorised agent, to appear in that Court. Mr. Bailey produced the order in Council, certified to by Wardens Pyke, liobinson, and Stratford, authorising him to act in that Court in the absence of a solicitor. Mr. Stratford inquired from the Clerk of the Court if Mr. Roberts were an authorised agent. The Clerk informed him that he was' not. Mr. Stratford then expressed his determination "in the position which he held of taking the place temporarily cf a brother officer not to think of making any alteration in the practice of the Court.