WARDEN'S COURT, LAWRENCE.

Tuapeka Times, Volume V, Issue 229, 20 June 1872, Page 7

WARDEN'S COURT, LAWRENCE.

(Before Vincent Pyke, Esq., Wawfen.) Wednesday, 19th Jttn-e. Hugh M'Kee applied for an agricultural lease on the dividing spur between Wetherstones and Gabriels. Thomas I ru lton also applied for land in the sa ne locality. Mr. Mouat appeared for the applicants. The granting of the leases was objecte'l to by YVhelan and others on the «rouud that the land was auriferous, and required for mining purposes. Whelan statsd that the ground was wanted as a miners' commonage for their cattle. He had never worked on it. Simon Fahey said that he had found gold about 5 chains from the land applied for.

Thomas Bowe3 said that applicants pegs were within a rod and a half from claims worked by miners.

Mr. Mouat, for the applicants, contended that there was no evidence before his Worship to justify his refusal of the application. The objectors had not shown that there was gold to be found within the nrea applied for ; but only that gold had been got at some distance outside the boundary. The regulations were clear and imperative, and were formed expressly to exclude vague objections. The miners were adopting a suicidal policy ; for while the do fern merit wove selling blocks of auriferous l.md of 50,093 acres, tho miners were preventing each other from obtaining homesteads. They desired that, when the gold was exhausted, the district should be left a desert, instead of being, as it ought to be, settled and cultivated.

His Worship said that he concurred in many of Mr. Mouat's remarks, and that if any vunholder pursued the same course as the miiurs were doing, there would be a howl of indignation throughout the province. Hj muse, however, refuse the applications. HH c j considered that in these matters he might act upon evidence of a loosji" character than in judicial proceedings, and would refuse the .application.

Mr. Monat asked his Worship to note his reasons, as instructions might be given forultorinr proceedings, which his Worship consented to do.

Richards and Cameron's application for land at Tuapeka Mouth was adjourned for a week.

DonilcroiisYi v. Traccy and party. — • Plaintiff charged defendant with flooding his tail race, through turning the course of the Tuvpeka river at foot of Munros Gully. A h Hoy testified to the flooding of plaintiff's tail race. He himself was working the tail race jointby with the plaintiff. Defendant stated that he had not done any damage ; and a witness named M'Cun said the cutting was large enough to carry all the water, except during floods. The Warden, in giving judgment, said that this was an action brought with a view of preventing damage, and as no damage had been done, he had no nl'ernative but to dismiss the case. He warned the defendant to be very careful to use their privilege so as not injure any miners working above them.