MOUNT BENGER.

Tuapeka Times, Volume II, Issue 96, 11 December 1869, Page 3

MOUNT BENGER.

(From our own Correspondent). Tuesday last being the daj fixed for holding our monthly Court at Boxburgh, there was a very large attendance of persons interested in cases before the Warden's and Resident Magistrate's Courts, as. well as others who had applied for publicans' licenses. Our Warden, Mr. Wood, did riot put in an appearance at the usual time, and the Court was adjourned until half-past one o'clock, at which time, no Magistrate showing up, Messrs. Baldwin, Anderson, and Tolmie, J.P.s, took their seats on the Bench, and granted all the applications for hotel licenses except Mr. Charles Nicholson's, he not being prepared to support hi& application. The Court was then adjourned until the following day, when Mr. Wood arrived from (Switzers, and it was then understood the cause of his non-atten-dance on the previous day aro.se through his being obliged to make some enquiry at Schlotel's station into a strange poisoning case, the particulars of which you are no doubt already supplied with. The most important cases brought before the Court were those of several business people in Roxburgh, who were summoned for carrying on business without a license. Mr. Chappel appeared as agent for defendants, and submitted to the Court a protest, signed by all the parties, wherein they assert that they are, and always have been, willing and anxious to take out the license, on condition of being allowed undisturbed occupation of the ground on which their several premises are erected. It was submitted by Mr. Chappel, on their behalf, that the land occupied by them, being a portion of the public street, was to all intents and purposes a public reserve for the use of the township, and consequently could not be leased or allowed by the G-overnment for occupation under business licenses. In reply, Mr. Warden Wood distinctly stated that there was no use in arguing the matter before him, as his mind was made up, and if they argued for a fortnight he would not alter his decision. He also distinctly stated that the Q-o-vernment have the power to grant licenses for the occupation of all or any part of the streets in the township — in fact for all except the sold sections themselves. He therefore fined the defendants, and ordered them to immediately take out licenses. Mr. Chappel then asked the Warden if he would consent to state a case for reference to the District Court, and suggested that Mr. Higgs' or Mr. Ormond's case be taken. Mr. Wood agreed to have a case stated, hut would not allow either Mr. Higgs' or Mr. Ormond's case to be selected, but stated he would be agreeable for the . case of Mr. M'Pherson or Mr. Andrews to be taken, as, he said, their cases were different to the others, and why ? because the others held freeholds in the township, and they did not ; consequently he would take the weakest case, and be prepared to judge the others (who he admits are in a different position) by the decision arrived at in such case. After the cases were heard, some of the defendants were induced and intimidated into taking out the licenses ; but a protest was presented to the Court on behalf of parties holding freeholds in the township, against licenses being granted for the occupation of the streets. Mr. Wood, then coolly stated that the licenses he issued were available for carrying on business on any part of the goldfield, and that he could not grant licenses to parties to occupy the streets of a township ; and this in the face of his knowledge that the defendants were summoned for occupying a portion of the streets without having licenses, and for which offence he fined them. This is law and justice as administered here ; but I question whether there is much of either about the cases referred to. Some other cases were brought before the Warden, but were of a complicated nature — so complicated, that the Warden appeared to experience some difficulty in understanding their merits, and the litigants more difficulty in understanding the decision arrived at. A unanimous opinion appears to be entertained by all miners and business people, that the present mode of administering the law in the Warden's Court is altogether unsatisfactory. The Warden fixes a day each month, and has to travel over fifty miles from where he resides, and, as may be naturally expected, sometimes finds himself unable to attend on the proper day. He cannot send word to have the time for holding the Court altered, as there is no mail or telegraph between Roxburgh and Switzers ; and great inconvenience, too, often results to the police. We have a goldfields officer resident here fully competent to discharge the duties of Warden, and who has held office in this and the Tuapeka district since the goldfields were firat opened. Why cannot he be appointed as Warden ? I feel convinced that his appointment would be hailed with satisfaction by all. I understand steps are being taken to have the Petty Sessions Act brought into force in this district as early as possible.

A boy named Galloway, aged between nine and ten years, was drowned in the Waikaia River, near Switzers, on Friday, the 3rd inst. Dr. Halley, who happened to be in the neighbourhood, was immediately sent for, but all efforts to recover the body proved futile.