WARDEN’S COURT—Tuesday.

Thames Guardian and Mining Record, Volume I, Issue 47, 30 November 1871, Page 3

WARDEN’S COURT— Tuesday.

J. D. Wickham v. Robert Jennings and Others. —In this case J. D. Wickham of Grahamstown, miner, charged the defendants, Robert Jennings, Herbert Thompson. Lewis Rich, John Connolly, R. W. Fairburn, Duncan McNabb, and Richard Ivennan, as registered shareholders in the Queen of England claim, with having neglected to fairly work the same. —There was no appearance of any of the defendants except Mr. Kennan, who appealed in person, as did the| complainant, who requested to amend the plaint by striking out Mr. Ivennan’s name. — The Warden pointed out that if this were done all the defendants must be treated separately. The name of Mr. Kennan was accordingly not struck out, and the case proceeded.—John D. Wickham deposed : —I am a miner, and know the Queen of England claim. It has not been worked at all for the last two or three months, and I desire to obtain possession of it.—Mr. Kennan declined to ask any

questions, and said he was not a shareholder with his own consent or knowledge. He had been summoned as a shareholder, but if he was, somebody must have transferred to him without his knowledge.—Francis Burgess, clerk to the Mining Registrar, produced the register of the claim. On the 13th instant the persons named in the plaint as defendants were registered shareholders. Richard Kennan’s name appears as a shareholder by transfer from J. D. Wickham —[Mr. Kennan said he did not know he was a shareholder, until, he saw the register at the office, the day after the registration of the transfer.] —Mr. Burgess went on to say that on the day above named, J. D. Wickham was a shareholder until 1 pan. Mr. Whitford then transferred the share to the defendant. Richard Kennan deposed : —Never was a shareholder in the Queen of England. Never authorised anybody to obtain a share from Mr. Wickham, nor from anybody else.—By Mr. Wickham : —I am a sharebroker, formerly had a partner, Mr. Whitford. Did not authorise him to buy this share. It is often the custom to have blank transfers, or transfers with only the name of the seller, but it was never my practice, and it is now going out of fashion. Whitford did not ask me to re-transfer the share. You yourself did. You made use of my name as a “ dummy.” I did lay a plaint myself against the defendants in this case, but withdrew it, and told all the shareholders that it would be withdrawn.—Mr. Wickham stated that he sold the share to Whitford, who, finding lie had no miner's right, scratched out his own name, and put in that of Kennan, saying it was all the same, and witness supposed it was, believing that Whitford and Kennan were still in partnership. Witness subsequently finding this was not the case, asked Mr. Kennan to re-transfer, but lie would not do so.—The Warden said, under the circumstances, he must nonsuit the plaintiff. Kennan v. Jennings and Others. — This was a complaint by the defendant in the former action, but was withdrawn.