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BENDIGO WARDEN'S COURT.
DISPUTED RESIDENCE AEEA.
I ^ \estcrday before 'Mi-. Warden Moore, a
I Chinese gardener named Fee Ack Hong
prQceeded against Robert Bowsett, and
sought to have .vn order made to restrain
the mining registrar from procecdino- fur
ther with Dowsett's application fcr "regis
tration of a residenee area in Retreat-road,
Bade Creek. Mr. O'Halloran appeared fcr
complainant, and Mr. Luke Murphy for de
fendant. -
■Mr. O'Halloran said that some time ago
defendant took nut a summons for the can
cellation of residence area No. 1-1,790, held
by Nam Fook I-Iong. The area was for
feited and Dowsett was given .possession.
Since then Dowsett had pegged out a lease
held .by Fee Ack'Iiong, which took in all
the Chinaman's buildings. There seemed
110 doubt he was trying to get a better and
more valuable area than that w-liich he had
been put in possession of. The areas now
pegged out by Dowsett had for the last 15
year,s been .substantially fenced in.
The Warden: Then the only question to
consider is whether tlii.s is the residence
area I cancelled.
Continuing, Mr. O'Halloran said that Fee
Ack Hong's registration paper set forth
that the land was south of and adjoining
Lent Fook Hong's land. Lcra Fook Iiong's
registration' showed that his land was south
of and adjoining G. Bnnncy's residence,
nearly opposite the cemetery.
The Warden said the residence area he
cancelled was the one described- bv the regis
trar as south of juwI adjoining Nam Foolc
Hong's, and takSn out two year.? ago by
Lem Fook IIoii°\
3[v. O'Halloran: Yes, but if "Lem Fook
Hong gives a wrong- description to the
registrar, then it does not alter the loca
tion of our area. That land has been in
the occupation of Mr. Finder for tin last
<1-0 years
Mr Murphy said his defences were that
complainant was not the registered Jiokle:
of ilie land applied for by defendant ; tha!
Fee Ack Hong was stopped from action by
ins conduct in a- former case; that defendant
denied any contravention of the Mines
Act: and that -defendant had been put int-j
possession of the land applied for by order
of the warden on 5th Jiilv.
Thomas Henry Finder. Ah Tan, H. S. V.
Busst, G. Quealey, and Fee Ack Hong gave
evidence for complainant.
The e-ise was then adjourned for 'a week,
the -warden signilying his intention of
visiting tlio residence area in question.
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