WARDEN'S COURT.

Thames Star, Volume VIII, Issue 2877, 6 May 1878, Page 2

WARDEN'S COURT.

THIS DAY.

(Before W. Fraser, Esq., Warden.) DUNN V. D. MCINANT, J. HOUGHTON

AND OTHEBS.

This was a plaint against the defendants, registered owners of the Lancaster Castle claim, Te Papa Gully, for nonworking ; wherefore the complainant claimed that the claim should be adjudged): forfeited, and he put in possession. ' Thomas Dunn, sworn, deposed—lam a miner, and hold "a miner's right! I know the Lancaster Castle claim, situate in Te Papa Gully. It has not been worked for the last seven weeks, and I wish to get an order to take possession. F. J. Burgess,. clerk to the Mining Registrar, produced the register of the claim in question, in which the three defendants were entered as the owners.

Ordered that the claim be forfeited, and an order be giren to Thomas Dunn to take possession.

JOHNS V. J. D.^WICKHAM AND ANOTHER. This was a plaint against the defendant for non-working the Diamond claim, Moanatairi, wherefore the complainant applied that the ground might be adjudged forfeited, and the complainant placed in possession. - J

Mr Macdonald appeared for the plaintiff. Fred. J. Burgess, Clerk to the Mining Begistrar, produced the Register of the Diamond claim, the owner of which was J. D. Wickham. B. W. Fairbairn abandoned his share on the 3rd of May. The claim was registered in 1873. John D. Wickharia, sworn, deposed—l am one of the registered owners of the Diamond claim—7 men's ground. The ground has not been worked. The plaintiff was not in attendance.

His Worshio said he could not give an order, nor could he allow an adjournment,

as- there was another application for the same piece of ground. Mr Macdonald addressed the Court, arguing that he had proved enough to get an o-der without the production of the defendant. Order refused. T. DAYKIN AND J. GOLD9WOBTHY V. J. D;; WrCKHAM. This was a similar claim with respect to the same piece of ground. iV. r Brassey for complainant; Mr Macdonald for the defendant. jP. Baykin, sworn, deposed—l am a miner, and the holder of a miner's right. (Mr Macdonald admitted that no work had been done in the claim.) I pegged .off a portion of Lhe claim on the 30th April. We claim (6 be put in possession of the Diamond.clam. > By Mr Macdonald —I pegged out the ground, being told that the Diamond claim was abandoned. Melhose, Goldsworthy and others have interests in the claim. The ground is to be put into a company. I cannot tell anything about the other plaint. Jieexaoiined by Mr Brassey—l heard that Wickham had laid Johns on to apply for the claim. John Goldsworthy, sworn, deposed—l am a plaintiff in this action and hold a miner's right. £ assisted to peg out the Diamond claim which we claim to be put in possession of, as it has not been worked. ' > F. J. Burgess clerk to the Mining Registrar, produced the register of the Diamond claim. The claim'was abandoned by Fairbairn at 10 minutes past 10 on Saturday. J. B. Stoney, sworn, deposed—l am Clerk to Warden's Court. The plaint in this case was laid after the abandonment by Fairbairn. B. W. Fairbairn, sworn, deposed—l was one of the owners of the Diamond claim, but withdrew my name on Saturday. I had no collusion with the plaintiffs in this action., Mr Macdonald addressed the Court arguing that the application must fall through, as the claim in question had been pegged out under the Act of 1871; no one but the Mining Inspector could institute these proceedings. Under the Act of '73 any person who chose could apply to hare ground forfeited for any non-compliance with, the Act. His Worship remarked that the fact of the matter was that the Mining Inspector was to blame for hot forfeiting ground which had not a pick put in it for fire years. He would reserve judgment, which he thought would go against plaintiff. Court adjourned.