WARDEN'S COURT.

Thames Star, Volume XII, Issue 3994, 17 October 1881, Page 2

WARDEN'S COURT.

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

J. W. WALKEB V. J. E. SHAW,

This was an application for (he for feiture of the Eclipse claim at Waitekauri, on the ground of non-working.

Mr Miller for the plaintiff.

Mr E. J. Burgess produced the notice of pegging out of the claim, on tbe 4th of August. The ground had been previously pegged out by defendant as the Comet, and a notice was.lodged to that effect by the defendant. The Comet was pegged out on the 27th July, and abandoned on the Bth of >August. The Eclipse was abandoned on the 23th of September at Paeroa, but the notice did not reach the Thames till the Bth October.

Defendant deposed that he pegged oat the ground, and had done some prospecting on it, but had not worked it in the manner required by the^Act. He had T!!ig^M&-iJa?J4^ t0 awttey the ground, but as he coula*Tra44&4' j* tbe required time, he theS^^L claim and re ; pegged the- ground as the Eclipse. He intended to take "a license out for the ground, but owing to tome mistake it was not done : in time, and he abandoned the ground. He had do interest at all in the ground at present. Wiien he pegged out the Eclipse claim he made the ground muoh smaller. He was not positive whether he pegged the the abandonment of the Comet claim.

His Worship Iheld that a notice of abandonment was no good until it reached the Begislrar's office at the Thames, and that therefore the ground in question was not really abandoned till the Bth October, though the notice was lodged at Paeroa on the 28th September. He held that when the plaint in the present case was laid, on the sth October, the defendant had an interest in the ground, and therefore "ho was the proper person to sue. He would! make an order awarding the ground to the plaintiff with costs. Court adjourned. •