WARDEN'S COURT.

Thames Star, Volume XII, Issue 3985, 6 October 1881, Page 2

WARDEN'S COURT.

THIS DAY. (Before H. Kenrick, Esq., Warden.) MCLABEN V. SCAN lAN. : This case, the evidence in which was taken on the Bth Sept. was withra:wn by the Mining Inspector, the claim (the Bank of Scotland) haying already been declared abandoned.

EOBERT MTJBDOCH T. MOETON AND OTHEKS

■ This was a plaint for the forfeiture of a portion of/ the Bright Smile eUim, •Waihi, on the ground of non working. ; Mr Brassey appeared- for the plaintiff, who deposed that he served a summons on all the defendants, who did not appear. The plan produced showing the piece of ground applied for is correct. The ground had not been worked up to about 5 weeks ago.

jF. J. Burgess proved that the claim was pegged out ou the 25th April, arid registered by defendants on the 6th May. A license was subsequently taken out for the southerly portion of the ground, but there was nothing on the books to show whether or not the license included the surplus ground applied for. His Worship said as this ground had been pegged out several times, and had already been awarded to a person on a subsequent pegging out to the oue now sued upon, the plaintiff would have to show very plainly that"he was suing on the first pegging out of the'ground, and that the surplus ground applied for was not contained in the lease taken out

Mr Biassey then asked for an adjournment, to enable him to do this, and the case was adjourned to the 14th inst. Court adjourned.