WARDEN'S COURT.

Mount Ida Chronicle, Volume VI, Issue 336, 13 August 1875, Page 2

WARDEN'S COURT.

Axrausi' 6th. (Before H. W. Eobinson, Esq., E.M.)

Murdoch arid.Sniith v. Miiler.—This. was complaint (heard before assessors) 1. That the complainants had, with the consent of defendant, prospected a certain residence area situate in Main Cully, Naseby, in.his occupation under and proved the same to be payably auriferous. 2. That the complainants had been unable to agree with defendant as to the terms upon which the said area should be given up to them for mining purposes. The prayer of the complaint was that the portion of the said area proved to be auriferous should be given up to complainants for mining purposes, upon such terms as to the Court may seem meet and equitable. Mr. Hertslet, who conducted the case, stated that the sum of. £lO had been offered by complainants as compensation for the loss which would be sustained by the defendant by their washing away the portion , of,.ground applied for. The defendant offered no objection to the demands of the ground, but stated—through his agent, Mr. Bailey—that the working of the piece of ground in question would virtually destroy the entire area, and would render the house, which was incapable of being removed, insecure, as it would be brought within a. few feet of an abrupt face of some twenty feet in depth. He, however, offered to surrender the whole area, house included, for the sum of £BO. This offer the complainants declined to accept, alleging that all they required was the portion of the area marked out by them. The "Warden and assessors visited and inspected the ground. ! Upon return to the Court, the case was resumed. Evidence having been taken as to the value of the trees, &e., Mr. Hertslet replied. The "Warden-having summed up, the assessors returned the following verdict':— 1. That the position of the ground marked out by complainants be given up to them by the defendant for mining purposed. 2. That complainants lease or contract for access to defendant's, ground and house a sufficient cart road. If left at the south side, such road not to be less than sixteen feet wide. 3rd. That defendant be allowed to remove his fences, trees, plants, Ac, and that he do so, weather permitting, within twenty-one days. 4. That defendant have the right to remove the surface soil in such manner as he may deem fit, but so as not to interfere with mining the ground. 5. That, prior to entering upon the ground, the complainants pay to defendant £l6 comppnpation. G. That costs be'equally divided between complainants and defendant. Costs, £3 12s. j Application special claim of 50 acres. —The application on behalf of the ! Deep Lead Company washeard before the Warden on lYiday last. The Company applied through Mr. IT. C. Herts, let, who advanced arguments on their behalf. Objection* were argued by Lancelot More, and H. Anderson the o jrcMons being urged with the inlenirou of eliciting what wure- fhe intonn'ohd of the Company, and h'.'W aurface mining would

be likely to be affected. After consi- j derablo discussion, the following draft ! of conditions to be recommended by him was read by the Warden : 1. That the Company be protected for two years in the exclusive right of sinking deep lead shafts within the acres) marked out by them, and in all gold lyinaj at a greater depth than 20 feet from the surface. 2. That they be also protected in the exclusive occupation of half an acre of surface wherever they may sink a shaft; or, in the case of a shaf •: being out of use, such less ar --a as may be necessary for the security of the mine. 3. That they shall have no claim, to any gold that maybe at a less depth than 20 feet below the original surface. 4. That they shall have no exclusive right or control over the surface of the land, except over the half acre around each shaft as already provided for. 5. That they shall have no right of action against other miners for working or washing away the surface to any depth, not exceeding 20 feet, or for removing water or tailings over the said land. 6. That at the end of tvvo years, if not sooner, they shall select and have surveyed an area of not more than twenty acres as a permanent claim, and shall, on the same being granted, lose all right, title, and interest in and to the remainder of the area of fifty acres, now marked out. 7. That the area of twenty acres to be surveyed shall be granted to the Company for a term of (say) ten years, with the understanding that .the claim, if not worked out, will be granted for a further term. 8. That the Company shall hold the fifty acres of ground ou condition that they continuously prospect or sink for gold thereon, or carry on operations in connection therewith in a manner satisfactory to the Government ; and that the said 20-acre claim shall be granted only on condition that'the workings shall be open to inspection by the Government, or whom it may appoint, and that—should the Company abandon the ground, or neglect to work the same in a reasonable manner to the satisfaction of the Government—the claim may be declared forfeited.