WARDEN'S COURT.
(Before J. Giles, Esq., "Warden.) Among the applications in the Warden's Court yesterday there was one from the Upper Bulfer, in which Mr Brown, storekeeper, Gladstone street, appeared for the parties, having in his possession their application <md miner's rights! Mr Tyler, before commencing a esse in which he appeared, drew the attention of the Warden to the circumstance, and pointed out that, by the liules and Regulations, no person except a barrister or solicitor was .entitled to appear, unless lie held a written authority from the party represented, and had the express sanction of the Warden. On the part of the profession, he asked that such a practice as that of unauthorised and non-professional parties appearing should be discontinued. The Warden granted that, according to the strict letter of the rules, parties should give authority in writing, but beyond that he could see no cause for complaint. It could not be held that miners up the Lyell were to employ counsel in the case of every application. Simple applications could not be put on the same footing as a disputed case in the Warden's Court. There was no argument or anything requiring a professional gentleman, and it would be putting serious obstacles in the way of miners. If argument were required, the matter might be different, but in these ordinary eases the first thing he would look to was the convenience of the miners. _ Mr Pitt drew the Warden's attention to one of the rules which stated that, only iu the absence of a barrister and solicitor, could a non-professional person appear even by written authority or with the leave of the Warden. Mr Tyler referred also to the eighth section of the Goldfields Act Amendment Act, as sustaining his reading of the rules. The Warden said ho would consider the exact bearing of the rule, but lie would strain it in every way he could to permit of a miner employing a mate or a friend. There was a later regulation which, he thought, gave the Warden powers to appoint a recognised agent. He would always protect the proper rights and privileges of professional men, but he would set his face against any regulation by which, in the case of such applications, a miner residing at a distance from the Court could not command the services of a mate or a friend.
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Westport Times, Volume III, Issue 537, 31 July 1869, Page 2
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396WARDEN'S COURT. Westport Times, Volume III, Issue 537, 31 July 1869, Page 2
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