WARDEN'S COURT, GREYMOUTH.

Grey River Argus, Issue 99, 30 August 1866, Page 3

WARDEN'S COURT, GREYMOUTH.

Wednesday, August 29. (Before^V.iK. ReveiljEsq., Warden.) Frahey v. Scanlan.— This was an action in which the plaintiff claimed L 25 damages from the defendant on account of his having refused to give up the certificate of the Cock. Race Company, MaSri Gully, in order that .the, plaintiff migfc have his name place upon it as the holder of' certain shares purchased or held by him. .Before the case was proceeded with .it was fonnd that the plaintiff had no miner's right, and/the Magistrate decided that he had no remedy jn the Warden's Court. Every person engaged in mining, or interested in claims, . must" hold a miner's right. . The plaintiff was ordered to pay the costs of the case, which was dismissed. 3 Veen y.\ Wilson.— Plaintiff sued defendant for the return of- L 35, the purchase .money paid by plaintiff to defendant for a six£h share in a race and claim at German Gully (South Beach), which share did not belong to the defendant; and for LSO damage 'for loss of time. The facts w>re briefly as

follows :— Auderson and party, consisting, of • five shareholders, held a race and. claim at German Gully, .and that curly in May last the defendant WilsonVas admitted as a sixth partner,- ' on - the condition of his agreeing to throw into the partnership .another claim held by him and his.deviding mates, /who were two of the shareholders, but no transfer or" registry was made at the time. 'Shortly afterwards Wilson sbld his. share to the plaintiff for L 35, but., in this case also no transfeV or registry was made. ; The dispute hinged' upon the question whether the defendant Wilson when admitted to the partnership came in as a dividing mate only in the claim, or as a proprietor shareholder in the race as well. It was sworn l>y one of the original shareholders, one Loquest, that he had nevor consented to Wilson sharing in the race, but another shareholder, Anderson, deposed to the contraiy. After hearing the evidence on botli sides, the Warden decided that as no.transfer or registry had been made in accordance witli the regulations, he was of opinion that Wilson had only come in as a dividing mate, and had no right in the race, consequently had no right to sell what he did riofc pcs iess. Judgment was given for the plaintiff. t6 receive back the L 35, and L2O as compensation. - • -