WARDEN'S COURT, AHAURA.

Grey River Argus, Volume XIV, Issue 1737, 27 February 1874, Page 2

WARDEN'S COURT, AHAURA.

(Before Mr Warden Whitefoord.) Rossi v. M'Cormick.— An action to compel the defendant to complete the sale of a mining share, also a request that the Court would interfere to dissolve the partnership between the litigants and order a settlement of accounts. The parties were co-adventurers in mining pursuits at the Black water Creek, Little Grey. Tn consequence of continual disagreements they decided to separate, and after making a kind of division of the assests, a sum of LlO was due to M'Cormick as the balance of purchase-money. According to the defendant, if the money was not paid on a certain day, the bargain was to be off, but the plaintiff contended that he was to be allowed a reasonable time to procure the cash, and that he did obtain it without unnecessary delay. It was admitted by the plaintiff that so anxious was he to get rid of the defendant, that when a price was fixed upon the share he (the plaintiff) went up and down the creek trying to find a purchaser for it, and he offered one man the loan of an ounce of gold to make up the purchase money. The case for the defendant was, that when the money was not paid as agreed upon the sale fell through, and even if it did not the defendant was entitled to receive wages from the time the sale ahould have been completed till the plaintiff was ready to pay for the share. The Warden, after taking a good deal of j evidence, made an order that &>ssi^ should have the share, but that he sh#Mr pay M'Cormick Lll, each party to p*, ' his own costs. The Court then divided the remaining assets and dissolved the partnership. James Lock applied on behalf of the Orwell Creek Gold-mining Company for the formal recommendation of the lease applied for by the company for the ground neld by them. The applicant, in reply to the Court, gave the grounds on which the application for extended ground was made. The lead the company is searching for is supposed to run through the valley of Orwell Creek, and to be the Mosquito, Napoleon, and Orwell Leads combined. Two companies tried previously higher up the creek to find the lead^ and one of them was so far successful that washdirt 'hat would pay L 3 per week per *nau was found, but the outlay was so great that his was a too small percentage on the •-apital invested (some L 2000) in each jlaim. The present company is at work or about six months. Machinery is jrected, but in . consequence of the exeat quantity of water in the underground .vorkings the pumpiug power is not sufficient, and two additional lOin pumps will •c erected shortly, In support of the ipplication it was urged that if the company succeeded in finding payable ground rhere was room in the locality for a large population to find profitable employment. It might be necessary when the proper levels were ascertained to take up a tail* race, and the estimated outlay before the .;laim was in working order , would be L3OOO. The Warden, after giving the company credit for the enterprising manner the work was commeaced and carried on, said he would strongly recommend the Superintendent to grant the application. Mr Lock then made application fora second area of ten acres, adjoining and in connection with the original leasehold. The reasons adduced generally in support of the application were that in consequence of the great outlay and risk in prospecting an entirely new locality, and the great expense already incurred, the company was entitled to an extra quantity of ground as an encouragement to proceed. If the second grant were made six additional men would be engaged on the claim, making twelve continually at work. The Warden said he would recommend the application, and he was as anxious to assist and encourage every legitimate enterprise such as the applicants were engaged in ; that he would also recommend^ his Honor the Superintendent to remijr the heavy survey fees which the applicants would otherwise have to pay. Williams and Marr were granted registration of a tunnel tail-race at Browne's Lead, Noble's. Peter Elliott was granted protection for two months for a claim, reservoir, head and tail-races at Riverview, Ahaura. The Court adjourned to 27th February.