WARDEN'S COURT.

Thames Star, Volume XI, Issue 3515, 1 April 1880, Page 2

WARDEN'S COURT.

THIS DAY.

(Before H. Kenrick, Esq., Warden.)

APPLICATION.

James Mann applied for an order granting him permission to use a tunnel in the Hape Creek ground, the property of W. S. Greenville and James Darrow, and also for a right to a quartz paddock on the same ground. . The owners ot'.tbe claim, Messrs Darrow and Greenville, had lodged an objection to the granting of the application.

Mr Miller appeared for objectors. The evidence of Messrs Greenville and H. T. Kowo was taken, both witnesses agreeing that there was no room for two parties to work in 1 the tunnel. Mr Greenville intended letting a portion of the ground on tribute shortly. He purchased the Hape creek claim from Darrow, and denied that Mann had anj right to the tunnel.

The applicant, James Mann, deposed that he had been in possession of the tunnel for eighteen mouths, and had put it in order and laid the line. Mr Darrow gave him £2 towards cleaning up the tunnel. No objection was made by Greenville until witness's crushings began to get better. He had spent over £200 on the tunnel. His qudrtz paddock did not interfere with Greenville's. This affair, was brought.'to cut him out. Greenville purchased the Hape creek ground 9 months ago. He did not register his right as he did not consider it necessary. It would be inconvenient for both parties to work from the drive, but it could be managed.

The evidence of the Mining Inspector re the position of the tunnel was taken, and His Worship adjourned the case till three o'clock to procure the attendance of Mr Darrow.

On resuming, Mr Darrow deposed that he had given Mann no right to the tunnel. He had given him £2 to assist him in cleaning out a portion of a drive, as he had talked of taking up a tribute. His Worship made an order that each party have the tunnel 12 hours a day.