Ohinemuri.

Thames Star, Volume VII, Issue 2136, 8 November 1875, Page 2

Ohinemuri.

WAEDEN'S COURT.

THU E S DA V, N OVEM BE B 4f.

(Before W.Fbaseb, Esq., Warden).

The fojlowing cases for shares in the Scramble were struck out owing to nonappearance of either party :— Acton t. Hunter, Waddell v. Lavery, Jno. Murphy v. Gilpin, McLiver v. Edghill,- Moir v. Foster, Holding v. Farrell,- Holding y. Hunter,

McLiver v. Hart, Stewart v. Booth, for shares in the Scramble. After hearing the evidence of.plaintiffs and the Mining

liegistrar, the shares were forfeited/ and' order given to plaintiffs to take possesnioß. ' Watson 'v. Connon. The plaintiff, « youthful miner, deposed that th« share nad not been worked for two months, and after evidence was taken, the' Warden* gave possession. J McCouville v. BelL—Withdrawn. .. Wickham v. A, Porter and other*," for the No. 1 South, better known as the-, Mazeppa. Mr Macdonald for plaintiff; Mr, Brassey for defendant. Adjourned • by consent to 2nd December. V .-; Wright, v. Urquhart and others,'for surplus ground in Young Colonial.- Mr Brassey for. plaintiff* Mr Maedoaald-for~ defendant. Adjourned till 2nd Dec. King v., Kelly, for share in Young Colonial claim. Mr Macdonald for de-ffendant.-*W. King deposed^r***!***! miner and holder of a miner's right. Enow the Young Colonial at Waitekauri. I know that fiobert Kelly is a share- - holder-in this claim, and, I wish to get - possession of his snare, as it never nai * been worked from the date of pegging' out till I madeth'e" application for it on 13th October,- neither by'himYelf nor any person for Jjim. It-hadr^een.'peg^ed previously, but repegged on the 11th October. . On the pegging of the 11th it, was registered. It waa 48 hours unworked after the second pegging. Crossexatainetb" I knew, nothing .of defendant haying anything to do with thjs claim. I know Urquhart. I had no conversation ]' m with him on the Uth, though 1 had_one subsequently on the 13th. I was neva^ asked to work for wagei I kQejrW«f ? $ food. He is also bringing"an action for a share.' I never saw Urquhart sneaking, t to^JWsfc-irnqi^never -, .heard* him ask ,for." labour to man his share. , I was on the > ground on the 11th, 12th, and 13th till 1 o'clock.—Mr Macdonald here admitted that no work was done, but that this was owing to defendant being then at Hiku- - taia and his agent unable„to .obtain 1' anyone to man the ground.— The Warden said—Ho" would not entertain such a plea. The ground should have, been fully manned when pegged out, and , that -he would forfeit the share and. put plaintiff in possession, unless some better* reason was shown. That the field had been opened under the Act of 1866, at the * expressed, desire'of the miners themselves, and they nu&t abide ty the consequence* entailed thereby.. This was-a case where the strict letter- of the law was sought, and he must administer it.'—Mr Macdonald contended that according to the 115 th section of the Act a fine oould be substituted for a forfeiture, and he would cal} evidence to show the claim had not been shepherded by the process of re-pegging.—Duncan Stewart deposed —I know Urquhart. I and he pegged out the Young Colonial Claim. We have been prospecting for eight months in this district. We pegged it out on Monday, the lltb, because we .traced gold bearing stones to that locality. I did not peg out that ground before. Kelly assisted us in prospecting, keeping us in supplies. Urqahart was always mates with me.— D, Urquhart deposed: Stewart and I have been mates for some time, and have been assisted by Kelly and others. My., brother and I. pegged out the ground on Monday, the 11th October, (the samef day as registered). On Tuesday I and Stewart tried to: get men to represent shares, but could not find anyone who would work. The ground was first pegged off on the 11th. It was not pegged out previous to that date. W. King recalled—l have a share in a claim now under protection, and am the holder of ■ only one miner's right, James Horne= produced register of Young Colonial Claim. It was pegged on the llfch October; at 8 am., and registered at 3.40 same day. Robert Kelly was registered as a shareholder. The Warden in giving his decision said, from evidence brought forward by defendant that instead of their claim having been shepherded from week to week by repegging it—which was a kind of shepherding he was determined to put down—nt had only been pegged off once, after a long period of patient prospecting^ and he could only look upon the plaintiff as a " Jumper," and with such he had no sympathy. He would forfeit the sfiare, but remit forfeiture on payment of the cpstiS—4os—to - the plaintiff within 24----hours. . ■;•' . . 'r : :■

King v. Black, for a share in the same claim. Evidence was the same as in the foregoing" case, and the Warden ordered forfeiture, to be remitted on payment of costs—2os.

Wreford v. Wright. The same as the preceding case. Costs 60s. : Wreford v. Carmichael. Settled out of Court.