Page 5 Advertisements Column 4

Hokitika Guardian, 23 September 1937, Page 5

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Judgment was given in the Warden’s Court, Grey mouth, yesterday by tho Warden, Mr Raymond h'erner, S.M., in an action, in which Arahura Gold Dredging, Ltd., claimed forfeiture of water race Xo. 1 4 located at Stafford, held by the Pipers’ Flat Gold Mining C'o., Ltd., on the grounds, (1) that the water race had been unusued for its proper purpose, unoccupied and neglected lor a continuous period exceeding one month immediately proceeding the commencement of the suit; i2) that the defendant company had failed to keep the water race in good repair, and that such failure had continued for more than HO days prior to the commencement of the suit. Hie Warden said that the evidence established was scarcely disputed that there were grounds on which forfeiture might be decreed. The real dispute turned on the question as to whether or not, there were any special circumstances that would warrant the Court in inflicting a fine, rather than decreeing forfeiture. After considering the authorities cited by counsel, he had come to the conclusion that no special circumstances had been shown which would justify the Court in inflicting a fine instead of decreeing forfeiture. Therefore, forfeiture would lie decreed, with Court costs, witnesses’ expenses, and solicitor's fee ;