WARDEN'S COURT Tuesday, November 20th. (Before Mr Warden Kenrick.)

Te Aroha News, Volume I, Issue 25, 24 November 1883, Page 3

WARDEN'S COURT Tuesday, November 20th. (Before Mr Warden Kenrick.)

Fohpbiturr Of Exchange Claim. Charlhs Tongk. v Thomas Rkdmonp.— Application for forfeiture of the Exchange ground for nun working. Mr Duff appeared for a third party named Thomas Potts, whose name did not appear <>n the register, but who had paid money into the Exchange Claim for wages. WHhi.ut his client's knowledge work had stopped, 1 niton hearing the news lie immediately took steps to provide means for the lease, and when this was arranged lie found the" plant had already been laid. Charles Tonge, complainant, sworn, stated that lie had received reliable information to the effect that no work was being done on this ground. Gibbons showed him ov<r the g:ound on which a little sen>lehing appeared to have been clone, but nothing to speak of. He went on seveial occasions prior to making the application, and saw no one on the ground. Redmond .subsequently came to him, saying it was a hard case, and offered to resign all right to the ground if he was given a show in it. Had no conversation with Redmond pre\i«nis to issuing summons. Siijoiicld w.is also interested in the plaint 1« dged. Knew Potts, but was not aware of his interest in the claim. To Mr Cult ; Gibbons and mate told me the ground was not being worked. I did not know th it Gibbons had been living with Redmond. Mr Cult : Have you agreed to give Gibbons an interest ii" you get this ground. Complainant declined to answer, and appealed to the W.-tiden who said, as the K-ime question con d be put through him it wrcs ju«t as well to answer it. Plaintiff: I promised ttedmond a share this morning. The W.uden : Why did you promise him a share ? Plaintiff : He c:me to my house and asked for an interest as it was hard lines alter the woik he h.»d done to lose it. Mr Cuff said he ap| e.ired on behalf of an i quitable claim of Potts and other AVaikato residents*. The ground had been • pegged off by 1 ed mou d, and money was piovided by Potts for Redmond's use. ■Subsequently Gibbons came to Potts with the iniuimarion tb.it there was no (.ne working, and said it Potts would give him a .-how he wmiM say nothing about imn-woikinn. His e'i^nt declined, and t-iok steps to provide monej 1 " for the lease. He had up to this p.ti 1 mon^y into it, and claimed in equity ll r > hi still entitled to his 8ha r e in the ground, which could not be given to plaintiff as collusion had been proved Thomas Redmond, sworn, said he had worked the grbun'd for two months since pegging it out on Sept. 14th, and worked up to the day the summons was issued. Kattern, another man, had worked with him for ten days, but he (witness) neither gave him money nor an interest. Potts agreed to take out the lease and pay for the survey, vile paid me some money for prospecting* on the ground. He was to have ten shares for paying lease and surve} r . Witness .said lie done a lot of work tracing reefs, and was absent five d.iys, because he could not get money to proceed with, and knocked off on this account. To Mr Cuff : I gave Potts a written agreement that lie should have ten shares. I took up the Exchange, through my expeiience with the Alma. To et.mplainant : I know something about the Alma that I am not going to tell yon. Complainant : Perhaps cracking stones was the hardest work you did ! Witness : Perhaps so. To Mr Cuff : From Oct. 14 to Nov. 14 I worked constantly, excepting a few days. Complainant : Does this mean work or in the whare ? Witness deigned no reply. . .To the Warden : I was not working on any other ground during 1 this two months. I was living with Gibbons, who worked on the Alma. To Mr Cuff : I knew they had traced the inn of gold fmm the Alma into the boundary of the Exchange. John Stuart Pott", sworn, said he had paid Redmond £7 for prospecting ; also, knew Kattern had prospected the same, having arranged uith him to do so. Was not aware of work being suspended, until Gibbons told him. He then advise. l Redmond to go back to the claim, and saw Mr Purchas with the object of getting a survey. On first negotiating with Redmond, found that the latter, after, giving him written transfer of share", had gone to Mr Coleman and others at Te Aroha, trying *to dispose of the interest again. He h.id always desired to retain the ground. To complainant : I had agreed to pay Kattern if Jie^got gold. The Warden said it was evident that the ground had not been properly worked. Such cases were too common. If men will not take the trouble to come to the Court and ask for the reasonable protection afforded, they would have to take the con«equcnccs. He should, in future, have to insist on this being done. At this point the Warden was interrupted by Gibbon,*?, who jumped up from his seat in the body of the Courthouse, and said he could prove that Redmond had not worked three days on the ground. William Gibbons, sworn, said defendant had been one day on the ground find stopped away three ; that he had been working for Tommy Gavin away from the Exchange claim. Could say positively j he had not done four days work ; used j instead to go to Waiorongomai and Te Aroha, hear news, and one thing and another, but he did not work. The Wa'-den said he would declare the ground to be forfeited. Had Potts done his duty he would have taken the necessary steps to secure the ground, so that it could be worked by two men. The claim was awarded in the following proportion :— Tonge, 10 shares ; Potts, three shares ; Redmond, two shares, and if the claim was not fully represented, it would a'^ain be forfeited. la future he wou'd i isist on ground being properly manned, aid should enforce the clause unless the necessary protection was obtained.

Dissolving a Partnership. E. K. Cooper, J. M. Beeclie, and J. P. Stodart v. E. Mellon vile, of Keeflon. r Application for dissolution of partnership in the Pride of the West claim. There was no appearance of defendant.

Edward Kersey Cooper, sworn, said he, in connection with the other coinpluinlftnts nnd defendant, were shareholders in the Pride of the West licensed holding. Defendant was indebted to the partnership in tlio sum of £10. lie was absent nt lieefton. Ho (witness) had been summoned and had to pay the rent. lie had to make a call of £2 per half share. Defendant had left no one to represent his interest, and is not working or representing his share at the present time. The" Warden said he v/ould reserve judgment to enable the partners to settle the" dispute. If no settlement, then older to go decreeing dissolution of partnership, and appointing E. K. Cooper liquidator, and director to dispose of the assets by public auction or by % lender, ana after discharging the liabilities to distribute the balance within throe months pro rata amongst the shareholders.