WARDEN'S COURT.

Thames Star, Volume XI, Issue 3574, 10 June 1880, Page 2

WARDEN'S COURT.

THIS DAY.

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

WOBKING WITHOUT A MINER'S BIGHT.

Henry Elmes Campbell complained that Patrick Trp'aer had been engaged in mining without a miner's right, wherefore complain: it claimed that defendant be adjudged to have incurred the penalty made ana provided by the 133 rd section of the Go.d Mining Districts Act.

"*Mr Campbell sa'.d he brought this case in the interests of the natives, to show that the Inspector of Miners' Eights was not the only person who coula lay au information under the section.

Mr Brassey, who appeared for defendant, took exception to Mr Campbell's action on the ground that there was a proper officer appointed to take proceed* ings. He maintained that Mr Campbell had no right to take these proceedings. The Warden said that though Mr Campbell bad a perfect legal right to institute these proceedings, he thought it was veiy inadvisable for private individuals to do so when there was a pub.:o officer for that purpose.. Mr Brassey then pleaded guilty, seating that his ciieat had received permission from Mr Mcllhone to work without a right, that officer haticg discretional./ power Patrick Trainer then deposed that he had no miner's right ill I the notice spoeared 'i tbe papers. He was not always engaged in mining, being frequently employed in road contracts, etc. He was working in a tribute for the last five months, but it h: i not paid him, and he had to bo M sow £1 to pay for the light. He would now swear that Mcllhono told him he must <dke out a miner's right. JHe reminbeied Mcl'hone telling him 'hat every one mining ought Co hare a miner's right. His Worship said it was clear that this man had beau t. low; d by the Inspector in the exercise of a supposed discretionary power, to be without a miner's right, and t.iking tLis view of the caße, he would inflict a nominal penalty of Is and costs. He might say thai the only tribunal possessing any discretionary power wa.j the Court, who he was sure would foice no man to take out a right if it was proved that he could not afford it. He might mention that the day after the > noiice appeared regarding Mr Mcllhone's , discretionary power 60 Miner's Hights had been taken out, and a considerable number on the following days, which showed the absurdity of the discretionary power.

Mr Brassey remarked that many of these men had to borrow the money. The Beach again referred -to the inadvisability of private individuals instituting'proceedings of this kind. Mr Catßpbell assured the Court it was simply in the interests of the natives. Mr Brassey : In the interest of spite .!•". The Court then adjourned.