WARDEN'S COURT (Before Mr Warden Kenrick.)

Te Aroha News, Volume III, Issue 128, 14 November 1885, Page 2

WARDEN'S COURT (Before Mr Warden Kenrick.)

The Vermont Claim, declared open for occupation, was awm'ded to R. Burke, tliQ, only applicant, at the upset price of one guinea. N. Oleary v. Scott Cranston : Application to have ground taken up by .defendant declared -forfeited for non-working. Order made to that effect. Adams and MoLiver vT. Gavin i Tlii.-i w,as an "objection to- tile granting of <n s to, the Purot^mvu, Claim % f or two reason^,: , t ,'; ,' , > ! Ist. Thai 'tlje ground had ,n,ot been pegged out in an legal manner as required \>y thD Act, by the erection' of u

nost at ea/.m m^lo .)£• t'»i m'».ii»l. x 2ntJ. r i ifc t hj ol.iiiu i iolii lj)<f -gp in 1 alivjiidy\ nutrkrod o it n\v\ 'i>w Ifrihl fty upplicantfy and known ,<H tho Silver (Ch-r,. „ ] ' ( vtr MolAvov iip\) nuxidiCfti behalf of Mr Adarirs.) 11. MoLivor, sworn, stated that no p«g'B I m I been erected to murk tho inside angles of fie Purotarau claim' when ituir!ce«l off, ami he d that it ounhi n U\cre{ioro have boon legally peg god 'accord ing to the Act, 'Clto Silver 'K\n% tiiia J<uu\vu as tho Snnny C-Jornor, tho lattor having boon ahandonod and a l.ir^'T area pegged oflf. (lavui adiuitt'jd not putting po^s at an^lus ot\ -tuo ISunny (Ji;iiUoi', iiiHidc thu PurutaiMii uliiim, not Ut>,oiniU^ it neuojjwy. MoLivet' stitud tfiat wh6 l n l>u ab-mdonud tlio Snnyy Uornu* and p^g.^l off the Bilver Kinf, r , hv wivs \ma-.Vivre that the Pavotarau claim waa in existence. Gavin, however, stated ho was told of: it by nioiw til m .>iu. Aft«r considtnible evidence had been {(one into the Warden gave the following important ruling ; —" If the outside pe_i(s werj ol' proper size ami proper notion given, that secured the party so pegging against .ill the outride public, and only those in lawfu! nccupation -it the tim<? conM uhjtiot. How else could the law be carried out in a rou^h biuh country, where pog^ were often very riiilicuit to find, and a man might unfittingly peg 30 acred ami include aevepii claims. He felt bound to (Jecide there whs >ioihing to compel a man to plane pegs at the inside angles of ground taken up, if claims existed* If a man placed pegs at the outride angles, titul the ground or part of it was claimed bj ammo one else, it would be for tne owner of the inside claim to prove his title. The Sunny Corner claim (one nun's! ground) existed within the ground pegged by Gavin, and was -cognised by Gavin, shown on hit? plan and unclaim ;d by him, MrLiver could therefore wly re-peg and claim the bunny Corner, which had not been included in the application for tho Pur .ianu, in other word-i, he would Irive to a( .-union tliu extM .seven men's ,41 omul inc)ud(d in the groiin I taken up as the B'ilver King. Application for Purolarau Aould l>e granted accordingly Each side to pay its own costs Several p'diutu and objections lodgo.! re cJ.u'nis pcggvxl oil: at Tui Creek were settled out of Court. License." were granted to P. Ferguson for the New Era . v old Vukan) claim, and to U. 11. Adams for the Silver Queen claim, both si tinted at Waiorongouiai ; also for the following clainn at tho heal of- the Tui Creek : — Champion Lode, Nos. 1, 2, 3, 4, Albion, til ad* tone, Tui, Keepit- D.irk, Laura, and Langtry. Application by Thames Building Societ.) for business site No. 12, occupied by F. J. Lawrence. Adjoirncd for a fortnight.