WARDEN'S COURT.

Thames Star, Volume XVII, Issue 5203, 19 September 1885, Page 2

WARDEN'S COURT.

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

MIiLEB V. FITZGERALD,

Plaint laid, asking that the Garry Owen Clnim, Tararu, be declared forfeited on the ground of non-working.

The defendant stated that he and another man were on. the ground every day, but they did no work. The ground was pegged out by Fitzgerald in his own name, but it was claimed by C. Gallagher, who alleged that the defendant pegged the ground for him as his servant,

The Mining Registrar deposed to the claim having been marked out on the 27th August.

Defendant on beiug sworn stated that he did very littlo work, perhaps a day's work, on the claim, ho had boss working in an adjoining claim—the Comet. Objected to Gallagher's repeiying a lipense for the Kiwi claim whiph was the same grpund as the Garryowen, and the reason he did not work the latter ground was that the dis pute between Gallagher and himself was still unsettled' Pegged the claim out on a verbal agreejnenttbat Gallagher ahould have one shave and Fitzgerald two, Gallagher was to pay defendant and bis mate two pounds each in addition, The judgment iq^this case was deferred till next Friday, to allow the dispute between Gallagher and Fitzgerald to be dealt with in the meantime.

WOBTH V. THOMAS, LI?SEY, AND OTHBUS.

PJain£ asking that the Shooting Star claim, Ocvharoa, should be forfeited, and awarded to plaintiff", on the ground of non- working by defendants. There wa3 no defence, and the Court granted the application with costs,

GOBDON V. BUBCHELti. Plaint asking that the Nil Desperandum claim, Waihi, be declared abandoned OB the ground of non- working. Mr Lush appeared for plaintiff, and Mr Miller for defendant.

The ground was part of the Silverton claim, which was recently thrown open for pegging owing to two of the posts used in marking out being under the legal sise. The defendant swore he did not serve McCombie with any notice to appear in this case, but,.jhpwed him. the summons, received^ Expected no interest in the ground from Gordon. Told Comes and; Hollis that where they were pegging they were overlappingthe^^:-gfdWd iTT6f witness, but they finished their pegging. Told McCombie that rather than go to law he would throw off the piece of ground in question; he was not in legal occupation of it now. „ „ • f ?-■' >. , Judgmehtvwfcs reserved^ until; Friday next. J. W. WALKER V. A. WALKER. j Mr Lush appeared for plaintiff, and Mr Miller for defendant. This was a complaint arising out of, it was alleged, the defendant in marking out the Sultana claim at Karangahake, having encroached on the ground of the Alabama claim. The case was somewhat complicated. It appeared that the defendant objected to plaintiff getting a title for the Alabama claim, as it was Stated the marking out included a portion of defendants claim, the Sultana, and the plaintiff called upon the defendant to sustain his objection and prove his claim. The Mining Registrar deposed to the marking out of both claims.

Oliver Grant, sworn, stated—Sent a telegram to Mr T. E. Shaw to lay a plaint against the ground for non working. The ground was marked out, and witness showed where the pegs were. Had seen the surveyors line cut on the boundary of the Sultana claim. Mr Bayldon surveyed the same ground as witness marked out.

To Mr Lush : Gave a correct description of the pegging out of the Triumph claim ; it is bounded by the Ivanhoe and Sir Walter Scott claims. ?• ; S

D. H. Bayldon—Surveyed the two claims known as the Sultana and Alabama. He had instructions to survey the old Triumph claim and was also instructed to alter the name to the Sultana. The application made by Walker for a license covers the ground known as the Sultana.

F. J. Burgess, Mining Registrar, deposed—Recollected Shaw coming to him and asking him to change the name of the Dollar claim to the Sultana in the notice of application for a licensee. Albert Walker also gave formal evidence.

J. W. Walker deposed—He had been interested for some time in the Alabama claim, and always thought the Sultana was outside it. Relied on the fact that the Sultana was bounded by the Sir Walter Scott, as. that claim was invariably mentioned in the description of the claim.

The Warden said he would reserve his decision until the 26th inst.

The Court then adjourned