HAMILTON.—Sept. 8.

Mount Ida Chronicle, Volume V, Issue 290, 19 September 1874, Page 3

HAMILTON.—Sept. 8.

Wabden's Cottet.

(Before H. A. .Stratford, Esq., Warden.) A. L. Nicholas.and party applied for ia special claim; The' Perseverance Company objected. Mr. W. L. Bailey appeared for applicants, and proposed that the ! Warden should visit- the ground.. After hearing objections, the Warden .proceeded *to the ground;; and; promised both parties that he would notify to them at an early date the substance of his report'to the .Government The following is the 'opinion of the Warden on the above application, handed ,to us for publication on Thursday last: 'After hearing the statements of John M'Donald and Alfred Roberts, on behalf of :the objectors, and A. L. Nicholas for the applicants, and, the remarks of Mr. W. L. Bailey, who-appeared to support the application, and having visited the locality on the same day—the Warden believes the following to be the facts of the case; That there are seven miners in the Cornish Company, who hold (by virtue of certificate and miners' rights) seven extended claims, of one acre each, near the Shepherd's Hut, Hamilton Diggings. That they are entitled to six heads of water (but do not generally obtain more than tour) to wash the ground in question. That they have already in cash and labor expended about £2OOO, and will probably (chiefly in labor) expend a like sum in blasting through rock, and constructing a tail race to work the ground their head race commands. That the auriferous ground in that locality to which tail races can be brought is first class sluicing ground, and not pld, worked, and abandoned, as stated bjc applicants, probably remunerative . .beyond £3 a week a man, considering the fall, the tail race, and quantity of water to be discharged ; but limited in area, and rock bound on either side of say fifty acres of auriferous ground, as a maximum. That the enterprise of the said company is well worthy of encouragement and reward, and that a special claim, of dimensions consistent with the circumsj^mce —and after consideration of the objections of the Perseverance ■ Company—should be granted. The Perseverance Company employ eight men. They have five acres of ground, and nine heads of water to work it. They have spent in purchasing, and labor, nearly £2OOO for water races, and about £6OO in constructing tail races, and it would cost a considerable sum to lengthen their tail, race. That they would have very nearly as good, if riot an equal, claim to the consideration of the Government as the Cornish Company, ; had they applied. That their objections are valid and reasonable, if the .Cornish Company were permitted to mark off twenty acres in the shape proposed by the applicants. That

as the objectors (the Perseverance Company) and the applicants (the Cornish Company, with the exception of two men by the name of Eoberts) are the only miners who could work the ground in that locality to advantage, having command between them of all the available water, and possessing for tail races the onlj two outlets, it is highly desirable, to establish a permanent settlement, and avoid disputes in the future, that they should legally share between them all the ground contained within the area of well known auriferous ground. The Warden, therefore, will be prepared to recommend the Government to grant to the Cornish Company a special claim of twelve acres, to .include the seven acres now held in extended claims, and to be surveyed as nearly as possible square: the lower, or base, line to be at the lower end of their present claims, across the head of their tail race towards Hamilton, and the upper line parallel with the lower —to be measured from the present upper pegs of their extended claims. Or, should the Company prefer it, the Warden will recommend the G-overnment to grant them fifteen acres (if obtainable), inclusive of old rights, after the Perseverance Company shall have applied for, and marked off seven acres exclusive of the five acres they already hold, and in a direction suitable for bringing up their tail race: That is to say, on that portion of the proposed twenty aci'es, including the Hyde road, a well-known gully, and some hats near the road; and that the last named Company shall be permitted peaceably to cut tail race' up through the Cornish Company's present claim, without compensation (only that the gold 'obtained shall belong to the Cornish Company). That the two claims shall be surveyed at tho joint expense of the two Companies; and any dispute as to shape shall be decided by the Warden at the time of survey. In either case, there shall.be survey of claims asked for; and, failing agreement between the two pairties before the 20th of October, prox., the Warden will forward .the Cornish Company's application to the G-overnment, with a recommendation that, twelve acres be granted (to include their old extended claims), and not nearer the road any where than the present upper boundary, with extensions towards Hamilton. Should the two companies agree as to claims and boundaries before, that .date, the Warden will recommend accordingly, subject to survey. ■ '..' - . David Baird was granted a tail race ; James Grady, residence area. Mrs. Barber, was granted permission to use a portion of'the Government reserve for private purposes until the end of 1875.