WARDEN’S COURT.

Hokitika Guardian, 31 March 1922, Page 4

WARDEN’S COURT.

THURSDAY, MARCH 30.

(Before Warden Meldrum)

afternoon sitting

| Mining Registrar v. T. R. Hickson t ! J. Boyd, and A. O’Halloran, suit fpi j cancellation of timbeU license. Mi , Murdoch for W. Boyd. Mr Kitchmg-; ham for the receiver. . I Mr Murdoch explained that tms 1 case was partly heard at a previous sitting, when it had been adjourned for the supply of further evidence. John Boyd gave evidence he was a defendant. Nominally his P^ t ” ers were T. R. Hickson and A. 0 Hallor- ’ an. He put in twenty days labor for the syndicate with O’Halloran m marking out the areas. The calls were ; made by Mrs A- Hickson as secretary !of the syndicate. A boiler and engine ! had been purchased and taken to withi in a mile of the area. Knew Mrs Ryan had paid £62 10s and £250 part payment on 500 shares. On witness’ advice the next call of £62 10s was not paid by Mrs Ryan (his sister). Witness had been informed that the company had been formed and was going on well, but he could not get this borne out. Mrs Ryan had informed him that she ciould get no satisfaction. Robinson was to get 300 shares to float it into company and had led witness to bej lieve that this had been done. He i had got anxious to know what had been done. To Mr Kitchingham—His main concern was to see that Mrs Ryan did not lose her money. He knew that i an option was given to Mr W. H. ! Robinson. By it Robinson was to get | .‘too shares, and the three defendants j 300 shares each, ! \y H. Robinson was called, but did ; not appear. | Alice Margaret Hickson deposed she ' was not the secretary of the Hokitika | Gorge Syndicate, and never was secre- ! til ry. she knew nothing about it and j had never kept the books. She knew : there was such a syndicate, but she | did not know who were th e members. | She had never had any conversation j about this syndicate with Mr W. H. I Robinson. j Theodore R. Hickson deposed he j was one of tho defendants in this case. • The Hokitika Gorge syndicate was I formed bv Mr Robinson to purchase j from witness, Bovd and O’Halloran, j their timber areas at Hokitika Gorge. ) They were to get 1200 fully paid £l. | shares out of a total capital of £7OOO- - Was not a member of the syndicate j (ill the company was formed. Mrs ! J’viiii did not pay witness £62 10s or j any other sum. Did not see her pay the money to Robinson. She may have j paid it while witness was at Riinu, | hut witness did not see be pay it., i There was about £BOO or £9OO paid | into the Hokitika Gorge Syndicate ac- . count. Mr D. Diedricb, and' Mrs I Hickson operated on the account. All j the hooks were kept in Christchurch. ! .All tlic money paid in to the syndi--1 cates account, came from Robinson, j The purchase of the Sawmill area on I the Kokatahi road was paid to Mr Murdoch, from tho. syndicate’s money j None of the syndicate’s money from Hokitika went to pa y for tho purchase of the engine rind boiler at Pigeon creek. He could not say where it was paid from. The area in question has been tho subject of a dissolution of partnership, and that Mr Nalder bad been appointed a receiver. To Mr Kitchingham—Witness paid the rents and other expenses of taking up the areas. Recognised soon after the area was taken up that they could not work it on their own. It was originally arranged that Robinson should get 2000 shares in the company out of which he was to pay 1,200 to the vendors. Subsequently it was arranged that if Mrs Boyd paid in £SOO, she should get 300 of the 1200 shares. His Worship raid he was not in favor of granting a further adjournment owing to the absence of Robinson The main facts elicited showed the defendants were unable to work the ground unassisted. As far as tho Court was concerned there was no evidence that would tend to show why a fine should lie inflicted in Tien of forfeiture. Forfeiture would h'e decreed in the terms applied for. On Mr Kitchingham asking for costs Mr Murdoch objected and then raised the question of jurisdiction as to the manner in which the court forms had been complied with. The Warden said he would reserve his decision on the point. If he ruled against it, counsel would be granted £3 3s counsel’s fee.