The Westport Times AND CHARLESTON ARGUS. THURSDAY, SEPTEMBER 3, 1868.

Westport Times, Volume III, Issue 341, 3 September 1868, Page 2

The Westport Times AND CHARLESTON ARGUS. THURSDAY, SEPTEMBER 3, 1868.

In the Wardens Court on Monday, an application was made, which, though simple in itself is of no small importance, not only to Westport but to the well being of the district. As our readers are no doubt aware, when Perry, Nieholls and party recently struck gold on Giles terrace, Luke and party brought an action in the Warden's Court for encroachment, the object being to deprive Perry and party of the payable ground they had .fust SCruCK. Now wbother Porry anrl party, or Luke and party, are in tho right is not for us to say, though we confess to thoroughly coinciding in the judgment that the Warden on that occasion gave. Without doubt it is a case complicated considerably by the latest regulations in reference to the frontage system, hut w e entirely agree with Mr. Pitt in his remarks as to Luke and party having no possible chance of getting the verdict reversed on appeal. It is not however whether one or other party is right in this particular case, that is of any special importance to the general public but it is the precedent that will be laid down and the results consequent on that precedent that are now to be considered. The merits of the case in fact, have yet to be decided, as an appeal has been lodged but the application made on Monday if granted has public significance and is a matter of general interest. As most know, the Warden decided in favor of Perry and party, and Luke and party, as wc have also stated have appealed against his decision. So far so good, but in addition to their appeal they have also applied for an injunction to stay Perry and party from working the ground till the appeal was decided, and it is more than probable that under certain conditions the injunction, will be granted. The conditions if any will no doubt go to protect the present holders against loss, and is just possible that they may effect the end in view. But there is another question, and that is what effect will such an injunction have on the budding prospects of that locality, and consequently on the trade of Westport, and the development of our goldfields. En the first place it is certain that this claim will cease working although, the gold is lying ready to be washed out till the District Court sits on the 17th November, just as near as possible three months from hence, and if this claim is in doubt it will naturally deter many if not all other miners from working in that part Thus a lale discoveryis rendered valueless, the men disgusted may seek other fields in the meanwhile and so the Buller prospects are dimmed through tardy justice. It is said that the ground in dispute is only one third of tho whole, claim. That may be, but if as we have reason to think, it is the only va'uable portion, is it at all likely that men will .slave away without

hope of reward, and at great expens< for three months, whilst known riches lie waiting their hand that have heen woi by their own hard work. No blame is attributable to Luke and partyintlu matter if they think they have an} legal right, but at the same time th< virtually shutting up a terrace of this kind is no light responsibility, ant the effect will be felt in evetr business place in this town. The injunctioi asked to stay all working in the knowi rich part of the ground, but the prin cipie actually involved in the appeal is whether or not the frontage systeu as interpreted by thoappellantswherebj, any number of leads in two huudrec yards depth are to be held by ou< party. As we have previously stated we entirely concur with the warden and have no doubt that his llonoi will support the decision, but is i not too bad, that threo months mus' elapse before a final judgment can b< arrived at. Surely appeals should b< earlier heard than this, for three month: delay in mining matters means eithei ruin or a virtual denial of justice Alany scores of men abandon jus l claims rather then wait for the slov operation of the mining law as a present administered, and it is by nc means improbable that the hope of i good and extensive goldfield will b< blighted or at least deferred, by th< lingering action of the Distric Court. Why cannot we have monthly courts instead of having them foui times a year. The time of his llonoi is not so greatly taxed as not to ren dor this possible, and the beneficia results to justice would be almost in calculable. The consequences to th< public by this protracted delay cat hardly be estimated ; if we are to hav< quarterly Courts and our most valuable mining ground about which disputes may arise, locked up in the intervals no wonder that times are dull on the Buller. We scarcely make a start but something occurs to pull us bach again, and the latest instance is the discovery and closing up of the terrace in question. As the Warden stated, no doubt this appeal is a bona fide one, but how easy, if this system is permitted, •will it be for the unscrupulous to harass those on gold, with the view sf extorting money under the threat if initiating a fictitious claim, and on jeing worsted lodging an appeal. In conclusion it is clear that more speedy nining justice is necessary if appeals ire allowed ; if it is not granted both ;tie rising population and ..the public nust suffer individual and collective oss. The case in point pr. ves this mtnistalieably.