WARDEN'S COURT.

Thames Star, Volume XII, Issue 3981, 1 October 1881, Page 2

WARDEN'S COURT.

THIS DAY. (Before H. Kenrick, Esq., Warden.)

SCANLAN V. HOLMS.

This was a claim for two fall shares in the Young Colonial Licensed Holding, at Waihi, as compensation for his withdrawing the license for the Lucky Hit and Maria claims.

Wm. Hollis, junr., sworn, deposed— He agreed to give plaintiff one-sixth of the Young Colonial license and ground in consideration for receiving that part of the ground which was within the FouEg Colonial pegs. He made an application for 18 men's ground, but only 14 men's ground was granted, as he had pegged over Scanlan's claim. He subsequently bought the Lucky Hit claim from Mr A.. Porter for six shares in the whole. He then obtained a license for the two claims as one. He had never obtained a license for the original Young Colonial, though he did his best to do so. Scanlan never made an application to witness for his interest when the license for 14 men's ground was granted. Scanlan had received three full shares in settlement of his claim. Up to three days of when the summons in the present case was issued plaintiff made no application for the other shares.

Adam Porter deposed that he remembered Mr Hollis transferring three shares to witness for Mr Scanlan. He told plaintiff of this the same night, and he refused to take them in settlement. Plaintiff came to him two days later, and accepted the three shares in settlement. If he had not, he would not have transferred them to him. When the Lucky Hit claim was awarded to him in the Court, he was acting without the sanction of the other Young Colonial shareholders though on behalf of the claim.

The plaintiff was then put into the box, and denied baring accepted the three shares in settlement of his claim on defendant. Mr Porter had told him that in suing for the Lucky' Hit ground he.was acting for the Young Colonial, and for that rsason he did|not oppose the claim.

His Worship then summed up, saying it was evident Scanlan had carried out his portion of agreement, but reserved his decision till Monday, to consider whether Scanlan had accepted the three shares in settlement, and what he was really entitled to. Court adjourned.