WARDEN’S COURT.

Cromwell Argus, Volume V, Issue 250, 25 August 1874, Page 5

WARDEN’S COURT.

'' Friday, August 21,. 1874. (Before W. Lawrence Simpson, Esq., Warden, j ■ 1 APPLICATIONS, . , Extended Claims. — A 113; Ow and two others, three acres, Smith’s gully : held over pending intimation of decision of District Court.—C. Koch and others, three acres, Smith’s gully : similarly dealt with,—S. -Fuller and three others, four acres at Nevis : granted.—Janies Leslie, one acre at Brown’s flat ! objections by M'Nulty and others withdrawn, and application granted. —George Manson, one acre, Pipeclay" gully : granted.—John Shaw, and three others, fouracres, Pipeclay gully : granted. W. ,B. Young and two others, three acres, Pipeclay gully : granted.—lJ. Johlin and another, two acres bn Meg flatgt-anied. . In connection with the application of Koch and party, Mr Koch appeared and complained of the action of their opponents, the Chinese, in the matter. Trey had re-marked the ground, and were continually pulling out the European pegs ; and, so lar as he Anew, they had no redress. • He claimed the protection of the Court. —The Warden said he could nothing in the matter. If .Koch and party caught the Chines?, they could take action against them. That was the only remedy. Tail Races. —Charles Koch and two others, from claim in Smith’s gully : further adjourned pending intimation of decision of District Court. • —W. B. Young and two others, from claim in Pipeclay gully : adjourned until Warden can see

Manson, from claim in Pipeclay gully: granted. Tunnels. —W. Bell and another, from coal tease in Adams’s guliy : uo powe>' to deal with application.—George Manson ami another, from c.aim in Pipeclay gully : granted. Water Races. —Sum Ping and three others, two slniceheads from Smith’s gully : adjourned saie die. Arch. Ritchie, two slniceheads from Blind gully, Bannockburn: objected to by Ah Kang ami Thomas Toms, and refused.—H. Thomas and another, to alter head of licensed water race : adjourned for one week so that all partus interested in alteration may be notified. Residence Areas. —Davis Davis, one acre at Kawarau Gorge : granted.—James Robertson, one acre at Bannockburn ; granted. Gold Mining Lease. —Win. Masters and others applied for leave to withdraw application for ten acres at Nevis : leave granted. ‘V COMPLAINTS. Police v. Whetter.—Charge of.carrying on business in Quartz vilie without a business license. Fined 205., and costs. Maher v. Goodger and others.--Claim on contract for cutting portions ot race. Mr J. R, Cowijn for plaintiff ; Mr P. J. Wilson appeared for Messrs Goodger and O’Neill, of the party. Mr- Cowan *aid a summons had also been served on Mulhollaud. ■ Some further remarks having taken place, the Warden, addressing the Clerk of the Court, said that in future he must compel solicitors to write out their own summonses. Mr Cowan said in this case, Mr Baird, t’ e Clerk, had written out the summons to Goodger ■without his instructions, on receiving the complaint. He also drew his Worship’s notice to the fact that Mr Baird’ had allowed the complaint to leave the Court precincts, and blamed him for giving it into the custody of Maher, who brought it to him (Mr Cowan). Mr Simpson said he failed to see how the Clerk was to blame in the matter. The Clerk was really obliging Mr Cowan by allowing him to have the complaint, and it was unbecoming in Mr Cowan to blame him. The Clerk would please in future to confer no obligations, so that it would not be possible. |or them afterwards to be cast in his teeth. Mr Cowan.sciid while the complaint was in his hands, he must confess he had taken the liberty to • slightly alter it by filling in Lars Petersen’s name as a defendant. But it was impossible to serve him personally with a summons, as Mr O’Neill had since told him that Petersen had gone to Sweden. Mr O’Neill gave this statement a flat contradiction. ! Mr Cowan said it was well known that Mr O’Neill was a good swearer, and what he now said in the matter was not worthy of credence. • The Warden could hot allow the Court to bo turned into a bear-garden. Mr Cowan must be more ; discreet in..his language, and Mr O’Neill must say anything he wished to §ay through his solicitor. Mr Cowan asked that the necessity of serving a summons on Petersen be done away with, seeing that the man, had.gone to Sweden. Mr Wilson objected. A person whom the law placed the utmost confidence in had taken it upon him to alter the complaint, and it was not to he expected that he should be allowed to play fast and loose, as suited him. < . The .Warden adjourned the ca-e; summons for Petersen to be served in .accordance with the Regulations, at his claim o'r place of residence. Dagg and others v: Goodger and others.—Mr Cowan, for plaintiffs, applied for a similar order with regard to Petersen in this case. •Mr Co,wan jypuld. here bring under the notice of the Warden the fact that he had been refused a request to make a search through Court documents by the Clerk of the Court. He would ask if solicitors were not allowed to make such a search, or were they to be satisfied with the word of the Clerk as to whether any certain document was to be found or not ? The Warden said it depended entirely on the amount of trust the Clerk was disposed to place in the person asking for leave to search. The Clerk was responsible for the Court documents. Mr Cowan said the fact was that the Clerk was in the practice of holding interests in mining property, and he therefore wished to keep the existence of certain transfers, &0., a secret. . 'L’he Warden said an accusation of that sort must be made in writing. Mr Cowan said he would make it in writing. He hoped that in the remarks by the Bench, no insinuation w’as made as regarded himself or any member of his honourable profession. The Clerk might not think him trustworthy, but he did not care a straw what the Clerk thought about him. Mr Simpson interrupted. He had been connected with the profession from his youth np, and knew what was due to. it, and what was to be expected from it; and he had been careful to state that he hoped no member of the profession would be considered unworthy by the Clerk of being allowed to search. The application was granted.