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ROXBURGH WARDEN'S AND R.M,'s COURTS.

(Before W. L. Simpson, Esq,, E.M.) ! "Wednesday, Octobee 22nd, The application of W. M'Clelland for agricultural leases, also that of J. Cook, were post poned till next Court day. Ayling v. J Cox. — Amount paid into Court. George M'Clay's application for a slaughtering licence was refused, applicant not having erected a yard. Robert Patrick's application for a spirit license was refused, i Q-eoi'ge Duigan's application for a tail race on the Waikia lliver was granted. Murdoch M'Donald's application for alteration of race was granted. Allen Collie's application for extended claim was granted. Allen Qrr's application for residence area was granted. James Minoage's application for extended claim at Swinbourne Creek was granted. Jose de Silva's application for agricultural lease was refused ; mistake in numbers cf block. Mr. Sheehey's application for land for the purpose of erecting a daui ; thereon was refused j application informal. . " I Edward Herbert (as trustee in the estate of Edward Yernon, a bankrupt) v. George Duigan. — Mr, Mouat appeared for plaintiff. This action was brought to recover possession of one- [ fourth share in a claim ou the Waikaia River, known as the Anglo-Swiss claim, ! supposed to be the property of Edward ' Vernon. Defendant pleaded that Vernon was not a partner of his at the time of his bankruptcy, a dissolution i having taken place some time previously, an advertisement to that effect ; having appeared in the Tuapeka Times. Mr. Mouat then addressed thebench, \ stating the principal facts of the case and showing proof of Vernons bankruptcy, The defendant was ordered to produce certificates and papers in i connection with the claiuij but on being asked could not produce vouchers of amount of gold sold by him, stating r that he had lost them. Mr. E. Herbert, examined by Mr. Mouat — I was present at the District : Court held in Lawrence, wheu Vernon stated he held one-fourth share .in a claim known as the Anglo-Swiss claim on the Waikia River. He also stated ■ tbat he was a mate of George Duigan's in that claim, but there had been a kind of dissolution and that the dissolution had taken place some months previous to his becoming a bankrupt, but ; that he continued working in the claim as a wages man up to a recent date. ! Duigan asked this witness whether he was sure Vernon specially men- > tioned in his schedule the Anglo-Swiss '■■ claim. The reply waa in the' affirmative. At this stage of the proceedings all ;the witnesses, at the request of Mr. : Mouat, were ordered out of Court. Mr. Mouat called George Duigan, who deposed as follows : — I. am a miner residing at the Waikaia River. Am a shareholder in. the Anglo-Swiss claim. It is an extended claim of* 2 acres. The claim was originally taken up by Vernon and M'NJally as an ordinary claim two years ago: I was working in another claim at that time, but had an interest with Vernon. We continued partners up to March, 1873, when a dissolution took place, which was advertised in the Tfapeka Times. The claim, up to the time of our dissolution, had not been payable. Vernon asked me if I would pay all the working expenses connected with the claim and take his share, to which I consented. M'Nally also sold out about the same time for £10. Duncan and I then applied for an extended claim, which was granted. M'Nally sold his interest in the, claim to M'Leod, who is a mate of Duncan*s. I consider .he sold too cheap* Would not have sold my* interest for less than «£3O, & tftk.e% mt fxoiA t<m Xa> sis

weeks to clean up a paddock. Wo have only stripped four or five paddocks since last March. A fter Vernon left the claim we offered him wages to work for us, and accepted it — :after being absent about four weeks. The first washing* after Vernon returned we got over lOOozs. of gold at one washing. The gold was equally divided amongst the shareholders. I paid Vernon his wages in gold, at the rate of 10s. per diem. The larger portion of the gold went to clear off our liabilities, which were .considerable. We had been 14 months* without getting gold. Our principal creditors were Messrs. Maekay Bros., Fielding, and Matheson. I believe we yet owe Matheson a few pounds. I sent gold to Matheson by Vernon. He brought me the receipt ; but Ido not remember the exact amount. I never intimated to the creditors that Vernon had ceased to be liable. Vernon intimated to me his intention of advertising our dissolution in the Tuapeka. j Times. I gave my consent. After the first payable washing, Vernon did not work in our claim for some 10 weeks ; he then again worked as wages man up to the time of our discontinuinsr work for the flood season. We bad two or three washings-up during Vernon's absence ; but they were not so good as the first one. When I knew Vernon was in difficulties I offered "him the loan of £30 to settle with Herbert and Co. He had previously told me he was indebted to then), but djd not mention the amount. I believe the name "Anglo-Swiss" was given to the claim by M'Nally. By the Warden. — Why did Vernon sell out ? Witness. — I believe it was because I knocked off work for a few days. We had been fourteen months taking up a tailrs.ee and getting the claim in working order. The first lot of gold taken outwas about Sozs. By Mr. Mouat. — Duncan was always present at the division of the gold. John Duncan was then called, and deposed— J reside at the Waikaia, and am a mate of Duigans. I divide with another mate, but he has no connection with Duigan. I own one-half share in the Anglo-Saxon, claim. I remember the time of Vernon's bankruptcy. About that time, I bought a horse from Vernan. Vernon at that time was working in our claim for wages. I heard him offer his share to Duigan if he would pay off his liabilities. I was not aware at the time of his leaving that he intended filing his schedule. Vernon had no horses at the time of his leaving., I had money at the time I purchased the horae from Vernon, but I paid him in gold. There was a rumor at that time that Vernon was in pecuniary difficulties ; but I was not aware of the particulars. (Witness here produced sale note of the horse purchased.) When Vernon was leaving. I asked him to purchase a quiet horse for me. Vernon at one time purchased a share in the Great Britain claim, ou the Waikaia ; and afterwards sold it to me. I gave Vernon gold to the full value of his share. I heard at the time of purchase that some one in Tuapeka was pushing Vernon for money. By the Warden. — I paid Vernon in gold for the horse. He had previously given me a few ounces of gold which he owed me some time previously. I only know of one payment in gold being made to Vernon out of our claim. I generally paid one" wages man and Duigan the other. Norman Rosa was then sworn, and deposed as follows: — I know the AngloSwiss claim. Was originally a shareholder in the claim, and at one time worked as wages man for Duigan. When I was a shareholder it was only an ordinary claim: I recollect the washing-up in April. It was about 138ozs. After being weighed, it was put in four separate parts. Duncan and Vernon were present. Vernon weighed tue gold. I had worked in the claim about three weeks previous to the first washing. Altogether, I worked seven weeks. Vernon was absent a portion of that time. I thought he was a shareholder. I subsequently purchased a share from Duigan. Vernon was a shareholder at the time I was working for wa^es ; but I afterwards heard that Duigan had taken over his interest in consideration that he paid all Vernon's share of the. liabilities. The interest I held was dne-fourtb share. I heard something of Vernon*s and Duigan's dissolution being advertised in the Tuapeka Times, but did not see it in print. By the Warden. — Who did you purchase your share from? Witness.— George Duigan. By Mr. Duigan.—l do not remember assisting you to wash stuff whilst Duncan and Vernon cleaned the gold. John M'Leod was then called, and deposed — I am a miner residing at i the Upper Waikaia. Am a BhareI holder in the Anglo-Swiss claim. I I purchased my interest from M'Nally. [I have also an interest in the Great : Britain claim. I don't think Vernon ever owned a share in that claim. The ' last division "of gold from tho AngloSwiss claim myself, Duigan, and .Duncan divided the gold, Duigan taking one-half. Vernon was a sharei holder- when the 138oas. was divided. I got my portion. ' By Mr. Duigan. — I did not hear ; that you had purchased Vernon's share s before the I3Boas, were divided. 1 Bwaoajft MaAhesjott yra& jyjxjfc Qsk$ x

and gave evidence as follows : — I know Vernon. Remember going to Waikaia to see him some time ago. He was owing me money at the time, and I went to endeavor to get payment. There was no gold getting in the claims Vernon was interested in at that time. He told me that he had sold his interest in the Anglo-Swiss claim for £250; that Norman Rosa was the purchaser, and that he received £100 cash. The remainder was to come out of the ground. ■ David Orange was then called, and gave evidence as follows: — I- am a packer ; and at one time had a share in a claim on the Waikaia. I sold out to my mates for £25 — the amount to come out of the ground. Vernon gave me £20 cash for the chance of it. I understand that Vernon sold his interest in the Anglo-Swiss claim to Duigan for £250, By Mr. Duigan, — T heard you and Ross bargaining for the share. " This concluded the plaintiff's case. Mr. Duigan, who conducted his own case, stated that he had no witness to produce, and no remarks to make. Mr. Mouat then addressed the Bench on behalf of his client, showing that defendant had done everything in his power to keep back information from the Court, and at the same time proving that Vernon had been mixed up in a similar case. His Worship, in summing np strongly condemned the action of defendant and some of the witnesses in not giving their evidence In a straightforward manner. Police v, Shibart. — Sergeant Daly prosecuted; and Mr. Mouat defended. The defendant was charged with advertising as medioal practitioner without being registered as such as required by law. Defendant through his solicitor pleaded not guilty. Sergeant Daly was then sworn, and gave evidence as follows : — The defendant was advertised in the Tuapeka Times as a medical practitioner on the 29tn of August ; defendant also swore I on his oath in this Court, on the 23rd September, in. the case of Shurbart v. Rickards, that he was not a properly qualified medical man. Witne&s was cross-examined by Mr. Mouat. William Qnin was then called, and gave evidence aa to the ordering of the advertisement which appeared in the Tuapeßa Times. Evidence was produced by defendant's counsel as to his having been registered in the Canterbury province some years acjo. A G-ernian diploma was ihen handed to his Woiship, and after some discussion it was resolved to send it to Dunedin for translation. The defendant then applied to have the case summarily settled, rather than appear at the next Court day. Fined £2. The evidence of Colin Holmes . was taken in reference to the cas** of Cotton & Henry v. Riddel!. Mr. Mouat appeared for Riddell. John Low Sf Another v. Ayling. — Mr. Mouat for plaintiffs. This action was taken to recover the price of a chaff-cutting machine alleged to have been broken by defendant. Evidence was taken at some length ; and judgment was given for plaintiffs for £11, costs of court, and professional fee.

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/TT18731030.2.21

Bibliographic details
Ngā taipitopito pukapuka

Tuapeka Times, Volume VI, Issue 300, 30 October 1873, Page 6

Word count
Tapeke kupu
2,033

ROXBURGH WARDEN'S AND R.M,'s COURTS. Tuapeka Times, Volume VI, Issue 300, 30 October 1873, Page 6

ROXBURGH WARDEN'S AND R.M,'s COURTS. Tuapeka Times, Volume VI, Issue 300, 30 October 1873, Page 6

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