WARDEN'S COURT. Tuesday,15th November.

Tuapeka Times, Volume III, Issue 146, 24 November 1870, Page 6

WARDEN'S COURT. Tuesday, l5 th November.

(Before W. h. Siiuiwon; Ksq , Warden.) M'Nab and ■ parfcy . v. '.Hales and party. . m ....... .;=• . - ; . Mr Copland appeared for plaintiff, and.Mr, M'Coy for defendant. \ At. the commencement of the case, a

conversation arose as to the jurisdiction of the Warden in the 'matter; both parties, however, waived any objection in the matter, and accepted the Warden's Court as a competent tribunal.

Plaintiffs in the case hold a mining lease on Blue Spur of 3 acres, and the defendants hold another lease of land contiguous, Both leases are dated on same day, although the application for a lease was first made by plaintiffs. The plaintiffs claim a portion of land included within the boundary of defendants' lease, which defendant's allege to be within the boundaries of their lease.

Mr Copland, at great length, opened the case for plaintiffs, and called upon Mr Adams, surveyor. (At this stage, Mr Nicolson, draughtsman, was called upon to produce to the Court, all books, maps, and papers in his office bearing on this matter, which being done, the Court took formal char -c of same.)

The witness having read the lease granted to JM'Xab, said that from the description in lense and the map on back of same, it was impossible to find out the piece of land referred to, as the same did not shew any conection with any fixed known spot. The plan agreed in linkage with the description. In all G-overnment grants the plans <iud descriptions were defective. The witness had endeavored to finl put the ground by consulting every map and tracing in possession of the survey department, but failed to connect the survey with any known spot; had no less than 16 tracings furnished him in this matter. From the tracings furnished him and description in lease, he could go and point out the ground if the connections specified were correct, but they were not so, and hence his inability to point out the ground. If he had followed:" up • ttie • connection given from trigj station D., it would throw the claim some 200 yards further west and 5 chains further north than it really is; in fact, would plafe the claim in Munro's gully. After searc'iing, he f.mud a peg, said by the neighboring claim holders to be an original boundary, peg, on the west side of M'Nab's claim. They appeared to be unanimous as to this being an original peg. This peg was about the middle of tie western boundary,- (plan made by him produced,) his lines went considerably within the boundary of Halca's claim. The witness used a theodolite in his su'-v^y, and his he-firings were from 3 to 4 degrees different from the other surveys. The witness further stated that all the claims on the Spur were wrongly placed. As to field books, surveyors always kept them, but from the ones produced he could make nothing ; they were a puzzle even to him that made them. Field books should be so kept that any surveyor could read them. He further stated that magnetic bearings were seldom con ect ; they could not be dejK-nded on, n< iiit 1 insfrument was p'vtiwm-ly lift' If 1 to Lmi! «ii traction-* ; his were nob magnetic bearings, they were taken from true meridian. Tie variation at Blue Spur ranges from 15 to 17 deg. The limit of error allowable in surveys, is 1 link in 1000 ; in the surveys made formerly of these claims, the error exceeds this limit 100 times.

For the defence, Mr M'Coy addressed the Court, and called

John Drummond, who said that in his various surveys of Blue Spur claims he used magnetic bearings from true meridian. That the same were not reliable, but in those days he had to survey with the instruments under his command, which were defective. He had been on the ground lately, and he knew the ground intimately in '62, '63, and '64. H was many tim «ou the ground. He succeeded in finding out some of tie original pegs placed by him on the ground. They were on the spots where he had placed them. He knew this from the conformation of the ground, as a portion of it still stands the sam° as in 1-862. He was satisfied that his survey was as correct aa the instruments under his command could make it. The northern boundary of Hales' claim is still the same, and the pegs are still in the same place as they were formerly.

Trie evidence of both witnesses occupied nearly two days, but it is very uninteresting, as it chiefly consisted of trig, stations, traverses, magnetic influences, variations, and meridian bearings. Other witnesses were examined in reference to the pegs, but nothing of interest was elicited.. The Warden remarked that he would defer ju Igment, and probably he might reauire further evidence in the matter as regards the pegs. He would give his decision on a future day.