ORE SHIPMENTS FOR LONDON.

Auckland Star, Volume XXIX, Issue 135, 9 June 1898, Page 7

ORE SHIPMENTS FOR LONDON.

Parcels of five tons of ore from each of the following mines were shipped from the Thames for transhipment to London, beiug from the following properties in which Austin Friar's "syndicate are interested: — Karaka Mines, Vulcan, and Mahara Royal. WHARF DUES REVOKED. At the Coromandel Harbour Board monthly meeting on Tuesday evening, •June 9, the question of revoking the wharf dues was brought before the members. On the motion of Captain Swindler, seconded by Mr McFarlane, the revoking of by-laws 12, 13 and 14 was carried. Cr. A. E. Argall voted against the Chairman. Cr. McFarlane stated that other means to continue the mole wharf had been discovered doing away with the necessity for dues. The result caused great satisfaction in business circles, as it will put an end to tho long standing friction between the Board and English mining companies. The Board depends now upon shilling dues alone. IMPORTANT FORFEITURE CASE. An important forfeiture case-—Wood-stock Company v. Waihi Grand Junction Company (Limited) —was heard at the Warden's Court, Paeroa, on May 25. Plaint for forfeiture of water right license No. 74.—Mr Tunics and Mr Jackson for complainant, Mr Theo. Cooper for defendant.—The plaint alleged that since this licenso was granted, in 1891, no attempt had been made to construct the race or use the water, and that it was therefore abandoned and liable to forfeiture. The facta of the case were admitted, and the question was one of argument. —Mr Cooper, for defendant Company, held that a line should be imposed instead of forfeiture. The license was granted in 1891,_ bub the Company's title only accrued in February, 1896. From that date section 163 of the Mining Act applies, and the validity of this ■license was only established six months later tkan February, 1896, that is, 24th August, 1596. The Company were under no obligation under section 168 until this six months elapsed. Then another ques- . tion is—What is the meaning of section 105 and sub-section 14 of same section ? This section cannot apply to the defendant Company. He could not see any section in the Mining Act which said when a water race should be completed. There is no time limited within which they as transferees should complete the water race. Under these circumstances he held the complainants were forced back to the contention of intentional abandonment, The objecb of the Mining Act was that rights should not be locked up nor on the other hand should money be wasted in useless expenditure. Since the acquiring of this right the defendant company had been engaged in legitimate mining operations.andhadspentover£3o,ooo. Hcquoted cases in support. The onus of proot of intentional abandonment was on the defendants and all the facts are against such a conclusion. Over £30,000 had been spent in mining and machinery by the Grand Junction Company, which showed they did not intend to abandon their water right. The Act says the water must not be wasted, which would be the case if this race were constructed before it was required. The payment of the rent was a proof against intentional abandonment. On the other hand, the Woodstock Company had suffered in no way from this water not being used, but had rather benefited. Had the defendants constructed a race and diverted the water, they would have injured some other company, bub they had not done so. — His Worship stated that had the defendants applied for protection from time to time it would have been granted, and they would thus have complied with the regulations and protected their title.—Mr Tunks contended that section 105 did apply. The Act says (section 220) that if this right is unused and unoccupied for one month it is liable to forfeiture. This right had been unused and unoccupied for eighteen months, and Will, according to Mr" Cooper, be unused and unoccupied for another eighteen months and more. The complaining company had Bpent more money in as bona fide a manner as the defendants, and required the water in dispute, and were entitled to come ™ the Court and ask for this right. Ihe case of Davis v. Robinson Mr Tunks hela did nob apply to the defendant's case, bub rather strengthened that of the complainant, as in that case the race had been constructed and used, but was lying idle while some new machinery was being j erected, aud even then the judge stated he ! had some hesitation in fining instead of ] forfeiting.—The case was adjourned till loth June for His Worship's decision. PUHIPUHI. A parcel of 30 tons of ore from the old No. 3 claim, Wairiki, has been forwarded to the Thames for treatment. KAURI GOLD ESTATES. Machinery for the Kauri Freehold Gold Estates arrived by the Star of New Zealand from London and has now been despatched to Whangapoua by the scow INgaru. The shipments consists of two horizontal tubular boilers, eight mortar boxes and other miscellaneous machinery for the 40 stamper battery in course of erection on the Kauri Freehold Gold Estates Company's property at Opitunui. i

GOLD DREDGING REVIVAL

A great revival in gold dredging on \Vakamarino River, Marlborough, is reported. Dr. Wallace Mackenzie, his brother, and Mr Harcourt (auctioneer), comprising a Wellington syndicate, purchased a dredger in Dunedin some months ago, and took up a claim extending about one mile in the river, aiid during nine, weeks of dredging they have taken out over 30 ounces of gold, valued at £3 7/(V per ounce, covering the cost of tho dredge and all working expenses, and leaving a substantial profit. Just prior to suspending operations, i n order to lengthen the ladder from 22 to 44 feet, 17 ounces gold was taken out of one pocket. A new company has also been formed at Cullensvillo to dredge the Mahakipawa arm of Pelorus Sound, where good prospects have been found.

ALBERT

A special meeting of shareholders in this company -was held in Air If. Gilfillan's office in compliance, with a requisition received from Southern holders of shares. Mr Armstrong moved— 'That the rules of the Company be altered by the insertion therein immediately after Rule 24 of the following Rule, namely:— "24a. The Company may by the resolution of an extraordinary meeting remove any one or more of the Directors before the expiration of his or their respective terms of office, and appoint one other qualified person in the place of each Director so removed; each person so appointed shall bold office during such time only as the Director in whose place be is appointed would have held the same if he had not been removed." * Mr Armstrong said there was dissatisfaction in the South at not being represented on the Board. The Chairman, Mr W. S. Wilson, raid the request was a reasonable one. und the motion -was then passed without dissent. GOLDEN PAH MINE Mr E. A. Daldy, manager of this mine, met with a serious accident which resulted in him receiving three nasty scalp wounds necessitating six stitches being nut in. Dr. Bull attended. Air Daldy will be laid up for some time.