WESTPORT WARDEN'S COURT

Westport Times, Volume VI, Issue 998, 23 August 1872, Page 3

WESTPORT WARDEN'S COURT

(Before J. Giles, Esq., "Warden.) Tuesday, August 20. Patrick Moran v. Brady and party.—Bartholomew Bruen claimed, as the lawful attorney of Patrick Moran, of Beechworth, Victoria, the right to continue working as shareholder in the claim known as Brady and party's, at Addison's Flat; also a rendering of a full account of partnership assets therein; payment of any share of proceeds which might bo due; and permission to have access to and inspect all books and accounts of the shareholders in the claim. Bartholemew Bruen, in support of his case, produced a power of attorney from Patrick Moran, authorising him to act as agent, in representing share in the claim. Had worked in the claim from June, 1871, to June, 1872, and had then gone to Victoria and obtained from Moran the authority produced, the defendants having previously objected to his working in the claim, and driven him therefrom by violence. On his return they had again refused to permit him to work, and had declined to Rive any account of the financial state of the affairs, or allow any inspection of books connected with the claim. George Miller, on behalf of the defendants, admitted that they had refused to longer recogniso Bruen as a representative of Moran, because ho had created dissension

iu the party; a-d obstructed aud hindered the proper working of the claim. That previous to Bruen proceeding to Victoria, they, the defendants, had written to Moran on the subject, and received in reply a letter authorising them to dismiss Bruen, and put on whom they pleased in his stead; and they still claimed the right to exercise this discretion, notwithstanding the subsequent power of attorney obtained by Bruen himself. Defendants had no objection to render partnership accounts, or allow inspection of books; but they held that they were not bound to accept as agent of a shareholder any person of whom the majority of shareholders disapproved. The Warden explained that no legal grounds existed for such refusal, the applicant, Bruen, standing in the exact position of his principal, Moran, as shareholder in the claim. If Bruen neglected his fair share of the work, it might be justifiable to put a wages man on in his place, and debit the cost to Moran's partnership account; but as it formed no part of the present action, the Court could give no opinion thereon. The defendants would have to give formal notice to Moran that they disapproved of Bruen as his agent; and, if no satisfactory arrangement was then made, they might, under the provisions of the Goldfields Acts, apply for a dissolution of partnership. In the meantime, Bruen was entitled to the full privileges claimed. Order made accordingly. APPLICATIONS. Cornelius Hogan.—For re registration abandoned race, extension of race from O'Mally's Creek, and also for tail race. Granted. Thomas Jamieson.—For tail race; for dam abandoned by Joseph Watson ; and also site for new dam. Granted. Biding and Goodall.— Application for amalgamation of an extended claim, worked by six men, and an adjoining claim of ten men's ground, for the purpose of working the same by one tunnel. Opposed by Tennent and Hopkins, on the plea that applicants already held a large area of new ground, and that objectors had pegged off the ground held as an ordinary claim prior to applicants, although they now held possession. Application adjourned for a week, upon condition that if summons was not taken out by the objectors in the interval, to prove right to ground, the application would be granted. Jane Cochrane.—Kenewal of protection for business site. Granted. Applications made by the following parties were struck out, by reason of their non-attendance: —Thomas Kerr, Wilson and party, Daniel Dove, Peter Gothard, Eobert Tennett, and Martin Connor.