WARDEN'S COURT.

Mount Ida Chronicle, Volume VI, Issue 314, 5 March 1875, Page 3

WARDEN'S COURT.

Monday, March 1

(Before H. W. Robinson, Esq., Warden.)

The only mining application of public interest heard before the Warden on Monday last was that of Messrs. Leys and Doherty to enter upon the residence area on the south side 'of the Recreation Ground, for which a certificate had been granted to William Lamont Bailey. Mr. Hertslet, who appeared'for the applicants, stated that the application was made in terms of sec. 4, reg.'2o, of the Goldfields Rules and Regulations, 186G, which provides that, " when any auriferous deposits are traced to the boundaries of any area occupied for residence, the Warden may, upon satisfactoiy proof, authorise the applicant, or. any other person, by writing under his hand to enter "thereupon ; and, at such time and in such manner as he may appoint, search theland ao occupied for residence for the continuation of the said deposit." He therefore stated that ■he was prepared to produce ample proof that good, pay able gold had been 'discovered by his clients in the two 'tail races'running parallel with and almost adjoining the area in .question,"and that .there existed- no ( doubt-.that ,the ground now sought A to,. be'entered: yrould be found to be equally auriferous. The Warden asked if there was any proof that gold had been traced to the <boimdaries of the area, —that being necessary to render it .possible for him to. grant the present application, unless with the consent of the occupier. Mr. flertslet said that the tail races from which the prospects had been obtained were only a few feet from the boundaries in question, and .that it was quite impossible to get hearer without committing trespass, seeing that the area was protected on all sides—on two s'des by tail race reserves, on the third by the main Dunstan road, and on the fourth by a residence area in the occupation of Mr. Robert Aitken. The Warden said that, in the absence of the required proof, the application must be refused, unless Mr. Bailey would give his consent—.the Warden's powers being 'statutory only. This Mr. Bailey having declined so do, the application was refused.