WARDEN'S COURT.
/ Friday, October 2nd. / _ (Bofore Mr. Warden Soiiaw.) Polico v. Qporgo Anderson — This wa a complaint laid under tho Gfoldlields Act, for that the said George Anderson did, on th 6 23rd day of October instant, mine and dig in the town of Hokitika, tho said town having been declared a resorve.
Mr. South appeared for tho defendant. Constable White deposed na follows— I saw tho dofondant, vith others, mining within tho reserve of tho township. They were working 300 yards in the bush. I saw tho defendant cradling. It was five o'clock. There wore 100 men mining on the ground within iho town boundary. Mr. South, for tho dofenco, submitted that therowasno case; that the complainant had failed to prove tho withdrawal of the laud from tlie operation of t!io Goldfiolds Act, and that tho ground in question was in dispute. .Mir. Warden Schaw here remarked that tho defence of Mr. South was Very shallow. Mr. Soufh— -You may think it very shallow, your Worship } but it doeß not follow that it is shallow because you say it is shallow. Mr. South then resumed his argument, urging that tho complaint should be dismissed. Mr. Sohaw, in giving judgment, said that tho authority to make regulations by virtue of tho Qoldfields Act, vested in tho Governor, had been delegated to tho Superintendent, who had, in pursuance thereof, gazetted the following rule, on tho 6th day of July last past, and whioh ia as follows :—: —
"Tho Warden may, whorever it shall bo necessary for tho public convenience, set apart land to be occupied for business purposes, and direct tho Mining Surveyor to divide such land by streots and roadways in the most convenient manner ; and no persons shall occupy any part of any land so set apart, except under a Business Liconse."
That tho Township of Hokitika had therexinder been withdrawn from the occupation of holders of miners' rights, that it was proved that the defendant had mined within the survoyed township. Tho defendant was, therefore, fiuod 20s and 6s costs,
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West Coast Times, Issue 63, 28 October 1865, Page 2
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341WARDEN'S COURT. West Coast Times, Issue 63, 28 October 1865, Page 2
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