WARDEN’S COURT

Grey River Argus, 23 September 1937, Page 8

WARDEN’S COURT

FORFEITURE DECREED. Judgment was given in the Warden’s Court yesterday by the Warden. Mr. Raymond Ferner, S.M., in an action, heard on Tuesday, in which Arahura Gold Dredging, Ltd. (Mr. J. W. Hannan) claimed forfeiture of water race No. 74 located at Stafford, held by the Pipers’ Flat Gold Mining Co., Ltd. (Mr. F. A. Kitchingham), on the grounds, (1) that the water race had been unused for its propei' purpose, unoccupied and neglected for a continuous period exceeding one month immediately proceeding the commencement of the suit; (2) that the defendant company had failed to keep the water race in good repair, and that such failuie had continued for more than 60 days prior to the commencement of the suit. The Warden stated that he was prepared to give his decision a.t once, or, if counsel preferred him to do so, he would give a detailed decision, in writing, at a later date. He was prepared to make his decision effective as from yesterday. Counsel agreed to an immediate judgment. The Warden said that the evidence established was scarcely disputed that there were grounds on which forfeiture might be decreed. The real dispute turned on the question as to whether or not there were any special circumstances that would warrant the Court in inflicting a fine, rather than decreeing forfeiture. After considering the authorities cited by counsel, he had come to the conclusion that no special circumstances had been shown which would justify the Court in inflicting a fine instead of decreeing forfeiture. Therefore, forfeiture would be decreed, with Court costs, witnesses’ expenses, and solicitor’s fee.

HEARING ADJOURNED.

In the Warden’s Court at Greymouth yesterday, Barrytown GoldDredging, Ltd. (Mr. J. W. Hannan), applied for a dam license over a site comprising a lagoon, 13 chains by 11 chains, at Barrytown, in Block 9, Waiwhero S.D.; a water-race of 10 heads, commencing at the lagoon, the water to. be taken thence by pipe-line to the applicants’ dredging . area; and a drainage area, of approximately 75 acres, Block 9, Waiwhero S.D., being part of land held by Golden Sands, Ltd., and White’s Electric GoldDredging Co., Ltd. (Mr. F. A. Kitchingham). As the result of a conference between the parties, suggested by the Warden, an agreement was reached, and the proceedings were adjourned until Monday next, to allow the conditions of agreement to be drafted.