WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 224, 16 May 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Boforo Vincent Pyke, Esq., Warden.) Wednesday, 15th May. Ah Loo was charged, on the information of Mr. Rlewitt, with mining without a miner's right. He pleaded that he had no means, and moreover was a new chum, and was sick. He had since the information taken out a right. He was fined 5s and costs. Be Clayton and party's application for cancellation of Gilbert Clark's agricultural lease. Mr. M'Coy appeared for applicants, and Mr. Mouat for Clark. J. Clayton deposed that his party took possession of a claim in January under an agreement with Clark, wherein he engaged to allow them to enter and prospect. They marked out a claim, and Clark assisted in placing the pegs, and asked them not to commence operations for fourteen days, so that his cattle might eat the grass. (The application for permission to prospect was produced.) Clark got intimation from the Warden to appear in Court when the application was heard ; and witness's party were permitted to enter by depositing £10 for the first, and £5 for any succeeding hole. (Agreement produced.) Since that time other parties have interfered with their claim. Witness's party marked out six men's ground. There was no interference until the 23rd April,, except by an extended claim applied for by Clark and others. Work was commenced immediately after permission to enter was given. Had been working ever since, and never had any idea of abandoning the claim. By the Bench. — Mark's boundary goes up to Clark's fence. They" allowed witness' party to prospect on their claim. They found the reef— course N.N.E. by S.S.W., and also st^ck the reef inside the fence afterwards— in the first trench sunk on Clark's ground. They then sunk another shaft 51 feet in the solid rock, and put in a drive 29 feet, an d spent about £80, deposit included. They were going to sink another shaft, but Clark and others interfered. They had done nothing since. Cross-examined by Mr. Mouat. — The trench outside was sunk at the joint expense of Varcoe and party j Whelan and party, and others. I lad cut another trench since, distant 3 or 4 yards inside the fence, also sunk at joint expense, Witness made some marks inside paddock (pointed them out approximately on plan.) They were wrong in the supposed direction of the reef. A portion of the reef was within the boundary of his party's claim. The noith east peg was altered on the 12th March, about 60 feet more to the eastward. Had worked continuously since January. _ Recollected Clark applying for a claim. His pegs interfered with witness' party's. He made no other discovery, except in the first trench. Witness was interested in another lease near there. It has been prospected a little. On 20th April, nor for some days afterwards, was work going on in their claim. Had invited tenders for working the claim. On the 29th they were at work, and were prevented by Clark from continuing. Gilbert Clark deposed that he recollected Clayton marking out his claim, also himself marking an extended claim, no part of which was within Clayton's pegs, on the 11th March. Clayton shifted his eastern peg afterwards. His new boundary included half of what witness marked out on the 20th April. Clayton's party w_re not at work. He objected to their going beyond the original boundary. Baillie and another marked out & claim on the 25th April. They have been twenty-five days idle. Cross 7 examined by Mr. M'Coy. — He stopped them, as he considered they were within his boundary. J. Baillie said he marked out a claim on the 3rd March by Clark's permission in Clark's paddock. Then the ground was unoccupied Clayton's party had not been at work for twenty-five days. J. Varcoe said he was one of the parties along with Clayton in sinking the outside trench, but not the inside. The reef was struck inside. Marked out a claim adjoining Clayton's on the west side. He had an 'idea that the reef ran through the ground. Had sunk a shaft and expended £30 or thereabouts. Gave up working, as they did not find the reef. Commenced a second shaft within Clayton's pegs. Cross-examined by Mr. M'Coy. — Left off for a time, but did not abandon the claim. Clayton was not on the ground before witness. He deposited £15. This was the whole of the evidence. The Warden said he would visit the ground, and give his decision next Tuesday.