WARDEN’S COURT

Greymouth Evening Star, 27 July 1932, Page 2

WARDEN’S COURT

SELLING A LIEN. At the Warden’s Court, Greymouth, yesterday, before Mr W. Meldrum, four ex-employees of the Bell Hill Sluicing Company, applied for the right to sell a lien, held by them on the privileges of the company, to pay wages due to them. Mr T. F. Brosnan represented the applicants, and Mr F. A. Kitchingham the company. Mr Brosnan said it was for the company, who had been notified of the application, to show why an order should not be made. The point depended on whether, at the .time the lien was registered, the wages were owing by the company to the contractor or not. It was agreed to take the case of Jack Ridden, of Bell Hill, as a test case. The application was as follows: “I (Jack Ridden) of Bell Hill, miner, the holder of a registered lien against the mining privileges of the Bell Hill Sluicing Company specified in the schedule attached £4/19/- in respect of wages due to him as wagesman by William Fisher, of Bell Hill, contractor for the construction of a dam for the Bell Hill Guild Sluicing Company, Limited, particulars of which lien are set forth in lien No. 7898 duly registered at Greymputh, hereby apply for an order to made by the Warden, causing. the mining privileges to which the said lien relates to be sold by public auction at such time and place and on such terms and conditions as the Warden thinks fit. The applicant further asks that the Warden shall allow such costs as he shall deem reasonable to the applicant in respect of the said lien up to the date of this application and all costs consequent thereon.” Mr Kitchingham said that when the agreement had been signed for the contractor, Fisher, to construct the dam at Bell Hill, it had provided that the work be finished in six weeks. In less than three weeks, however, the engineer had complained of the slow progress, and after discussion the agreement for constructing the dam was terminated. After Fisher finished a fortnight elapsed before work was commenced by the company, who continued work on the dam and completed it. Though the original estimate was that the dam would cost £237/10, the company actually paid £309 in wages. The applicants had claimed three days’ wages after the termination of Fisher’s lease, and the company was willing to pay, if the claim could be proved.

Mr Brosnan said Fisher, by whom the men were engaged, did not tell them to finish. Progress payment up to 75 per cent, had been provided for in the contract, but only £l5/3/3 had been paid to Fisher. The contract had been terminated and the matter held in suspense, and now it appeared that nothing was payable by the company.

Evidence was given by 'Walter Clemens Tish, engineer, manager of the company since its inception, and the case was adjourned until Friday morning.