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Colonial Cases

Sebbes, 1874

[mining lease]



Mining Commission
Scott, Price and Conner, 15 September 1874
Source: Northern Territory Times and Gazette, 19 September 1874, p 3


Mining Commission.
Tuesday, September 15.
Present-G. B. Scott (President), Mr. Price, and Mr. Conner.

Frederick Campbell.-Applicant for No. 3 south, Union. No opposition.

Mr. Smith would object for F. Sebbes if allowed. But the Commission declined to hear him as counsel, in accordance with the previous decision.

Mr. Smith wished that a note should be made by the Secretary to the effect that he wished to appear and show that Campbell was not entitled to make this claim. He would then himself give evidence as witness. The note was made accordingly.

Mr. W. McMinn, as agent for Campbell, said that the claim was pegged out last December in conformity with the regulations then in force and was duly registered by Warden Frampton. Within three or four weeks afterwards the claim was jumped by Bates, and an application was made to be registered. But before the Warden adjudicated on the case the Court was closed, and the case did not come on. The dispute was, therefore, never settled. Witness had applied to the Warden to restrain Bates from working the claim, and Campbell, also, had refrained from doing so, pending the settlement of the question. Did not feel inclined to spend money on a claim in dispute. The notices were kept posted, but no one was there. Had a letter (produced) from Mr. Frampton, saying that work could be suspended on the claim pending the dispute. Evidence was also given by Mr. J. McMinn to the effect that the claim was properly pegged out, and a flag erected. Campbell was not in possession now that witness was aware of. The claim had been in dispute nearly ever since it was pegged out, and, therefore, no work had been done worth speaking of.

W. V. Smith, as witness, said he was on No. 3 south, Union, on the 16th July last. Examined the ground carefully. Nobody had complied with either of the sets of regulations, under the Act of 1872; nor had anybody complied with the provision of the Act of 1873. Produced certificate of registration of present owner of the claim (F. Sebbes) signed by Warden Plunkett. Also produced certificate of application for the said claim by P. Sebbes, dated 4th of June; and also the miner's right of P. Sebbes. On 14th July was present at the Warden's Court, Shackle, engaged as attorney for Sebbes at suit of Campbell and Bates. The case was called, but being late the Warden postponed it till next morning, when, on the Court opening, Warden Frampton said he had to read a telegram from Mr. Scott, Government Resident, stating that his resignation was accepted: that he was no longer Warden, and that he was to hand his books and papers over to the constable in charge. The Warden, therefore, said the Court was closed; and the suitors went away.

By Mr. McMinn-Had seen a plan of the claim. The claim was No. 3 south, the same number as Campbells. Believed the ground was the same. The case was heard on the 1st of September.

Mr. McMinn said he had never received notice that the case would come on on the 1st of September.

The case was adjourned on 14th July, and brought on in September without notice. Witness did not therefore attend.

Mr. Smith said Mr. McMinn told him he would not take any notice of the Warden's Court.

Mr. McMinn would swear most positively that he did not know the case would come on on the 1st of September. Had no idea that Mr. Conner was coming up to try such cases.

Otto Peters said the ground claimed by Campbell was the same as the ground claimed by Sebbes. Witness pegged it out; only Sebbes had 10 acres instead of 20 acres.

By Mr. McMinn-Assisted Mr. Sebbes to peg the ground out. Was not the agent of an association for jumping claims. Was not aware that Mr. Lindsay was Secretary and Treasurer of an association for that purpose. Could not remember that he had addressed him as such. Could not swear to the copy of letter produced relating to this subject, in which Mr. Lindsay's name was used. Had made an appointment one evening with Mr. Conner, behind the Warden's tent, at the Shackle; but only to complain of Warden Frampton on the subject of the Mining Regulations. When Warden Frampton was spoken to on the subject he did not alter his opinion about the plaint note complained of? Mr. Conner wished the plaint note altered, but Mr. Frampton refused.

Mr. Conner said the note asking for an appointment belonged to himself, and he would like to know how Mr. McMinn obtained possession of it? It must have been stolen.

Mr. W. McMinn said it was found at the Shackle. He got it from Mr. Bieber.

Application dismissed.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School