WARDEN'S COURT.

Thames Star, Volume X, Issue 3101, 25 January 1879, Page 2

WARDEN'S COURT.

lESTEBDAYV (Before Colonel Fraser, Warden.) D. DOWNS AND OTHBBB V. J. MOBBOW AND OTHERS. The plaint set forth that the plaintiffs were owners of the William Claim, Hape Creek, and that the defendants, on the 17th Nor., 1878, encroached on the claim by pegging oat a portion and calling it the Difficulty Claim. Mr Miller for plaintiffs. 4 MrDodd applied for an adjournment on behalf of defendants. He said that a material witness for hii clients, though subpoenaed, was not present. His Worship said he would take Mr Allom's evidence. ' A. J. Allom, sworn, deposed—l am Mining Begistrar. I produce register of William Claim, Hape Creek, also date of marking out, 29th Ootober, at 7 in the morniug—four men's ground; peg* marked with three horizontal bars., ; The proprietors are the plaintiffs in this aotion; I also produce the register of Difficulty Claim. It was registered on the eighteenth November in the names of. Morrow and Hough ton without any ribiic'o "of marking out, but the time is stated to have been the 29th October at 3 p.m., the mark on the pegs being the letter M. The plaintiffs lodged a notice of marking out four hours after the pegging out.

Mr Dodd said after that evidence he could see he had no caae. He consulted with his clients, and announced that they would allow judgment to go. Defendants were ordered to more off complainants' ground, and pay the coitf, £6 15s. DONNELLY V. HOLMS. The plaint set forth that complainant and defendant with others were partners working in a tribute of the Welcome ExI tended Company, Ohinemuri. The defendant denied the complainant'! title to any share in the tribute; wherefore, the complainant claimed to be decreed a partner, and that defendant be ordered to account for such assets as mighlhaje come into his hands. Mr Miller for plaintiff; Mr Dodd for defendant. —~ ' Thomas Horsbrugh, legal manager of. the Welcome Extended; produced tjjif tribute agreement of Holiis tribute. ■"• All witnesses were ordered out of COUrt. ■■■■;•/■■ ■ ,J/ t V'---'r-^V,T')f;

; William Hollis, sworn, deposed—l am a tributerin the Welcome Extended mine, within the Hauraki Ooldmininc District* Donnelly was a partner in the tribute until 19th October, 78. I consider h* has ceased to be a partner, having left the claim and worked in other plaeei. Ha put no one on to work for him, and told me he was going to give it best; W« waited a week for Corbett to crash 13 tons of stuff. I told my two brokers and Donnelly that if it did'not turn©nffcetter than last that I would give it orer. One of my brothers knocjtedj flfftwo days before Donnelly and got a contract to fell bush, and he took Donnelly in as a mrntel When Donnolly knocked off I continued prospecting by myself for several weeks, and after about four weeks he came to see how I was getting on, and told me he was going to take the Welcome on trf bate. He did not ask me for a share at this time, nor did I tell him that there wa* not room for two. I did not promise to see if I could give him a share by-and-:by7 Since Donnelly left I hare had out two crushings yielding a total of 98ozs gold. By Mr Dodd—Donnelly asked me foir a share in the tribute, but I told him it was too good when he had been away so' long. '• .;- ■ - .' ; >':vl< I James Donnelly, sworn, deposed—l am holder of a miner's right. I know Hollis, who was a partner with me in the, Young New Zealand Tribute section. I knocked off work because the otherf, refused to work, and the ground was. dangerous to work alone. I went and' worked with one of defendant's brotherf in a bush contract, and when it wat; finished defendant told me there was not room for two on the tribute. I then tookt a tribute in the Welcome; and worked there for four weeks. I asked defendant sererai times for my share in the Youngi New Zealand, and he always said, "S> will see about it." When' he. refisftd' actually, to give me the share I toot 1 these proceedings. „..' ? * v." '1.,, By Mr Dodd-Hollis worked for wages after the crushing at the Waitekauri, bat^ tery. I never told Corbett or Moore Xhad given up my share. I worked in:the)' bush contract with Hollis' brother^ '',;,'; By Mr Miller—l made 25s a weeka*;: the bush contract, and 10s per week at the Welcome tribute. >- A - ::i James Corbett, acting mmc.manager, gave evidence corroborative of Hollis' testimony.. Judgment for defendant, costs £6 3s. '