The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. TUESDAY, AUGUST 22, 1882.

Thames Star, Volume XIII, Issue 4256, 22 August 1882, Page 2

The Evening Star. PUBLISHED DAILY AT FOUR P.M. Resurrexi. TUESDAY, AUGUST 22, 1882.

The laws' delays are proverbial, and unfortunately that temple of equity and good conscience, our Warden's Court, is no exception. An instance has just come under our notice, which is ample confirmation of this assertion. On the 13th of last month a case was before the Warden in which Timothy and Thomas Webb sought to recover cprtain expenses incurred in working the Old Nut claim, Owharoa, from the non-working shareholders. Amongst the defendants were Mr G. N- t Brassey, solicitor, and Mr Geo. Symington, the well known hotelkeeper. Mr Brassey escaped, because, although he purchased the shares at a sale of forfeited interests, his name was not placed in the register. The Warden addressed a homily to the bailiff as to the proper procedure in such cases, but that did not provide any relief to the complainants. As for Mr Symington, he was most elaborately white-washed by His Worship, and likewise was allowed to go free because it was not shown that there had been any instructions given by him to incur the expense. He was a registered shareholder, but, according to his own showing, oblivious of any work proceeding in the ground. It has generally been regarded that when people buy into a concern, they buy into it as it stands, and if works are proceeding they become liable for what is being done; surely if they do not have their say that is their own fault. It is unusual for folk to buy properties without knowing how they stand, and it is but reasonable to assume that Mr Symington was aware of the condition of matters in the mine. The Webbs applied for a winding up of mateship on whatever terms possible, and Mr Kenrick ordered that the ground be forfeited, and awarded to them. Mr Miller raised the question of the Warden's power to do so, contending that the only person vested, with authority to forfeit was the Mining Inspector. Argument ensued, and the Warden practically admitted the force of Mr Miller's objection, by ordering the mine to be sold by auction, the expenses of the Webbs to be paid from the proceeds, and. the balance to be divided amongst the shareholders; fur* ther, the partnership was declared dissolved. One would think all would have been plain sailing henceforth. Such would have been a woeful mistake, for the fact that the law possesses beautiful and ' mysterious mazes in which the suitor loses himself most effectually, was yet to be illustrated. It is-now five weeks since judgment was given, but there is not the slightest indication of it being carried into effeot. About a week after the decision, one of the party waited on the Mining Inspector with reference to' the subject. That gentleman washed his hands of the matter, and graciously bowed the unsophisticated miner out with

the assurance that he had nothing whatevei to do with the Bale, that being entirely at the discretion of the Warden. Some three weeks ago, one of the "Webbs the Warden at Paeroa. Mr Kenrick replied that he, too, was not concerned in the matter: that Mr McLaren was the man in authority—in fact, Codlin was the man, not Short. He hinted that he understood some steps had been taken by the Mining Inspector to forfeit the ground. One of the Webbs i has been in town over a week, with a view to effecting a settlement. He called upon Mr Kenrick a few days ago, and was told that the matter was in the hands of the Mining Inspector. Yesterday, he formed himself into a deputation to the Mining Inspector once again, and Mr McLaren was in a position to console him with the assurance that he was only waiting for the Warden to return, and the ground would be advertised. And so the game of battledore and shuttlecock goes on. But, besides the delay, the gentlemen have managed to execute the right-about-turn movement in masterly style in the meantime. If informed correctly, and we have no doubt on that point, the ground will not be sold by order of the Warden's Court, but in the regular way as forfeited ground, for it would seem that

the mine has been forfeited, notwithstanding that the Webbs arer that, although registered shareholders, they have not received any notice from the Mining Inspector of his intention to reenter. In that case, it is probable that the surplus of the proceeds of the mine over expenses would go, not to satisfying the judgment of the Court, but to the local body. How delightfully simple, how exceedingly profitable, are the ways of the lawJ To sum up the gain to the plaintiffs by appealing to this Court of good conscience: They gain the loss of the liability of the lawyer, who was defacto a shareholder, for we hold that the sale of the interest to him by a Government officer should have been sufficient to constitute him the holder of an interest in the fullest sense. If the registration immediately after purchase can be insisted on now, it could then; and the plaintiff is called upon to suffer for the laches of a Government official. They gain the further loss of the liability of the popular hotelkeeper, but thorough going Scotchman, who also, was according to good sense, clearly responsible. Supposing it were scrip he had bought instead of

! a share in a mine, would the excuse that he had not authorised the expenditure of certain moneys be held as a good defence. Would not Mr Warden Kenrick rather have laughed him out of Court? If he held an interest, and 'did not take heed to what was going on he should hare been taught by the lesson of the bought experience, the judgment of the Court, to pay better attention to his business in future. They hare gained the loss of about six weeks gone, and the prospective delay of arother five or six weeks, for the intended sale will hare to be advertised for a month. They gain the loss of the proceeds of the sale of the claim, which will go to the County instead of to them. They gain the inability to recover the judgment from the other shareholders, for they cannot proceed against them until the ground is sold. It need hardly be said that this state of things is not calculated to develop the resources of the goldfields. Here are I men willing to spend both time and money testing this piece of ground, and they are compelled by the Warden's Department to wait almost three months before they can do so. Of course they are not likely to. waste their time in any such way. Again, the persons whom the Court adjudged liable for payment of the work done in the mine may have cleared to fresh fields and pastures new, and the plaintiffs are powerless to prevent them. If this is a fair sample of how business is transacted at the Warden's Office, it is not surprising that the complaints are loud and deep, and the strictures of the Hauraki Tribune i a few weeks ago were quite justifiable. We can assure the heads of the department that there is grumbling from all quarters that claims large enough to be popularly denominated sheep runs are being held without any attempt to prospect them. As to apportioning the blame between the Warden and the Mining Inspector, that isa little matter of accounts for those gentlemen to adjust between themselves. From appearances we should conclude they might shake hands and congratulate each other upon the success of the not-how-to-do-it policy pursued by each.