CLAIM CANCELLED

Hokitika Guardian, 29 April 1931, Page 4

CLAIM CANCELLED

NO EXES SLUICING COY.

GREYMOUTH, April 29.

At the Warden’s Court at Greymouth yesterday, Alfred Tateley, of Waiuta, miner, represented by Mr J. W, Hannan, made application for forfeiture of a special alluvial claim and water race held by the Nobles Sluicing Company Ltd., and situated on Napoleon Hill, in Nobles Creek, which runs into, the Waipuna Creek, about twelve miles-, up the Big Grey River from the Main Highway at Ikamatua, in the Aliaura. Survey District. The application was objected to by the Nobles Sluicing Company, whcili was represented by Mr W. V. McCarthy.

Warden M Midrum after hearing lengthy evidence said the optional power of the Warden to inflict a fine where the conditions were not complied with, had to lie exercised with reason and good grounds. If it was shown the licensee was attempting to carry on mining operations with a reasonable amount of energy, ijt would he within reason to inflict a line. The company who had taken up the claim were not working it and when they had worked it. it had been without success. Now a tribute was proposed instead of working it properly on their own behalf. The company had received the sum of £3 10s while on tribute, and again proposed to let it on tribute, and they might still only get £3 10s and therefore they had a very small interest In the matter. If the company were to make a bona fide attempt to work the claim the Court could then consider the case on its merits and make the necessary alterations. There was, However, no intention on the part of the com-

pany of putting any more money into, the claim, and therefore they were not. bona fide miners, hut merely speculators. The Act laid down certain conditions, and he did not see any instance of merit in the present case of the licensee, and they were not due for consideration. The suit for forfeiture should! succeed and a decree of forfeiture would he ordered with costs allowed to applicant, £3 3s, solicitor’s fee. Court costs 19s, and witnesses’ expenses £*3 15s 3d.