Hie Martha Hill Extended

Waihi Daily Telegraph, Volume IV, Issue 1106, 29 September 1904, Page 2

Hie Martha Hill Extended

Aii Interesting Case

At tho Warden's Court yesterday nficrnoon a mining caso of unusual interest was heard by Mr. Warden Bush. It appeared that an application by tho owner, Mr McKeown, had boon lodged at the Warden's Court for tho surrender of tho Martha Hill Extended speei.il quartz claim at 11 o'clock on tho morning of 2nd August last, Simultaneously with ilic lodgement of McXcown's iipplicition Mr. R. Morgan put in an application for the samo ground, Later again Mr Cornos, a well known proprietor, sued for forfeiture of tho claim on the ground of non-working, Mr Jackson appeared for McXeoun, who was applying for surrender, and Robert Morgan, tho applicmt for the ground, and Mr Muollor for Comes, who was suing for forfoituro, Same generalises concerning the applications were indulgod in by tho Warden and tho applicants' counsel, in tho course of which Mr Bush remarked that there was no provision in tho Act to say that a man could peg out another man's ground, in fact a man's ground could not bo marked out until tho surrender had been accepted. It had hitherto beon his custom to allow tho surrender to dato from the trinio tho application ra put in, but strictly spooking tho surrender should date from tho tiuio it was accoptod. Ho had allcwod surrenders to date at tho timo the application was made, out of consideration for tho applicant in saving tho ex:ra rout accruing in tho into vol of making tho application and its acceptance. At this stago there was some hesitation on tho part of counsel as to who should lead oil This hesitancy was evidently opparont to the Warden, At all evonts he stiitod that ho could sottlo tho matter in iv/u seconds, "Woll," remarked Mr Mueller, '• if wo only knew bow you would settle, it would save tho time of tho Court,"

Mr Bush repeated his slalom™!, adding, " and I will sond you all away smiling,'' Mr, Mueller then proaoodod to give tlio history of the Murtlia Hill Extended It was pegged out by Alfred Long in December WOO. In 1902 Long tiled an application for surrender, which was accoptcd en 21th April tlio same year, Two days aftorwards McKcown, tin present defendant, put in an nppk'Uion for the ground, which was grantod to him on tlio 27th Aug.wt, aid was held by him until '2nd August this your. On this dato at JO o'clock in tlio morning, McKcown lilod an application for surronder, simultaneously with which an application was put in for Iho ground by Robert Morgan, Mr, Mueller submitted that no person coul! g-i on n claim and peg it out until tlio aeceptmico of tlio surrender, as iho licenso would continuo lo bo in cvstcueo till that time, The claim had not boon worked by McKcown, nod thoreforc he, Mr, Mueller, contended it was liublo lo forfeimre, In arguing again!,! Morgan's application ho contendo.l that his ap« plication was invalid, because tho ground was not open at tlio time he applied for it, and that if ho applied for it as abandoned ground ho should have stated eo iu his application, Mr, Jackson submitted that the ground should not bo forfeited, becauso tho default proved was only a matter of about six weeks, and it would bo a very bad precodont for this field to foifoil a claim for such a short default, Mr, Jackson gavo his version of the history of Iho claim and what had boon dono with it by iho share* holders, stating that he did not ciuio into tho Court to hido anything- After furthor argument tho Warden accepted McKoown's surrender of the claim, refused Morgan's application for tlio cliim, and dismissed Comes' plaint lor forfeiture, thus throwing the ground open, Allliosamo time ho elated to tho patties that tlioy could race tor it,