WARDEN’S COURT.—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 46, 29 November 1871, Page 3

WARDEN’S COURT.— Yesterday.

(Before W. Fraser, Esq., Warden.) John Collins and Others y. James Waring and Others. —In this case John Collins, A. Bryce Bain, Henry White, James Barttam, James Smith, [and Georgo B. Barnett were complainants; and James Waring, John Barker Mell, Thomas Graham, and John McAllister, defendants. Mr. Bain conducted the complainants’ case. Mr. Tyler appeared for two of the defendants, Graham and McAllister. The plaint set forth that the complainants are holders of miners’ rights, and arc iu partnership with the defendants for the purpose of working the North Star Claim, and that the complainants are desirous that such partnership should be dissolved, wherefore they seek for a decree —Ist. That the partnership may be dissolved. 2nd. That all property belonging to the partnership be sold, atui the proceeds divided amongst the partners, according to their respective interests.— John Collins, manager of the claim ami one of the complainants, deposed to working it: the North Star claim in partnership with the other parties named, and to his being desirous to have the partnership dissolved, as lie would not agree with them as to tlio working of the claim, as tlio defendants wanted all their own way. The work has come to a stand- :til in coßsequencc. The witness has endeavored to arrange the matter, but without success, and offered to buy the other people out, or for them to buy him out, but lie could not effect an arrangement, and when he spoke to one of the defendants (Thomas Graham), that gentleman threatened to knock witness’s head off.—By Mr Tyler : —McAllister and Graham, together with witness, took up this claim originally. No gold has been obtained from the claim since June last. A meeting of shareholders was held lately, but there were disputes prior to that. At the meeting it was proposed to let the tunnel to the defendants on contract at £2 per foot, but this was not carried out. The surface of the mine was to be let on tribute to any one who would take it. It was not in consequence of a refusal to take the contract that this action was brought. The object of these proceedings is not to get rid of the two defendants (Graham and McAllister). They did threaten witness. Graham held his list close to witness’s face, and said he’d knock witness’s head off, but did not do so, and McAllister said to witnes “ I’ll ‘ Cooper’you for this sometime.” Can’t say exactly what lie meant by that expression F. Burgess, clerk in the Mining Registrar’s office, produced the register of the North Star claim, showing the names of the parties concerned to be on the Register.—Henry White, another shareholder, was called and stated that McAlister and Graham did not work properly, and there were disputes in consequence, and a desire to have the partnership dissolved.—For the defence, Mr Tyler called John McAllister, who said there had been no fault found with him, and no dispute until after the meeting spoken of. Witness and Graham worked just the same as the other shareholders. The reason why these proceedings have been taken is because witness and Graham would not agree to take the tunnel on contract, and let the upper workings on tribute. Have been working on the claim since May last. Have been driving for the reef since June last. It is now abount 45 feet distant. The claim has been fairly worked. Witness is willing to go on working.—Tlios. Graham gave testimony corroborative of that of last witnes.—James Waring was also called, and said lie had no reason to liml fault with Graham and McAllister.— John Barker Mell was next examined, and said he considered the claim had been fairly worked upon the whole, but there were some disputes between Collins and White and McAllister and Graham, aud mutual recriminations.— Mr. Tyler addressed the Court, urging that the facts of the case did not disclose sufficient to warrant the Warden in decreeing a dissolution of partnership, which, moreover, would inflict great hardship upon two of the shareholders, McAlliston aud Graham.—The Warden decreed a dissolution in accordance with the prayer of the complaint, on the necessary expenses being lodged with the bailiff, for advertising, &c. Costs to come from the proceeds of sale, the claim to be protected in the mean time. Adel Rowe y. R. B. Ferguson. —ln this case the complainant sought to be placed iu possession of a residence site on the Waiotahi Creek, in the occupation of defendant, who, it was alleged, had no title.—On the application of Mr. Tyler, the case was adjourned until Tuesday next. Kenxax v. Jennings and others.—This was a complaint by the defendant in the former action, hut was withdrawn. Michael Butt v. Henry Cooper and Others. — The plaint in this charge, charged the defendants as registered owners of the Watchman claim, with holding ground in excess of that which they are entitled.—There was another plaint by the same complainant against the same defendants, for non-working.— This ease was adjourned until Tuesday next. The Court then adjourned until to-mor-row (this day).