THE THAMES, SHORTLAND.

New Zealand Herald, Volume V, Issue 1396, 9 May 1868, Page 3

THE THAMES, SHORTLAND.

THE WAEDENS' COURT. Thubsdat. '

C Before Alan Baillle,' Esq,, Judge.) De Hirsch y. Mtior. This was n. claim for a half share in the Fear Naught ground, alleged to be illegally occupied by the defendant.—Messrs. Dodd and Jov appeared lor plaintiff; Messrs. Macdonald and Heskefch"for defendant.—James De Hirsch. deposed: I had share or one-tenth part of the Fear Naught claim in February last. I remember judgment being recorded against me for a sum of £11 by Quinlan and Brown. 1 could not pay the amount, and it was suggested that I should give some security for the money, lne interest in the Fear Naught waa mentioned, and accepted hy them aB security, The- mortgage was effected on the 4th of March. Tn consequence ofthat arrangement I signed a document preparedby Mr.Macdonald, I have never given uppoßSeaaion of tnat equal half-share,.but hold itstill. Themoney I owed wastendared in payment to Quinlan on the Monday IOIW - ing I never rocognisd Mjior 08 my representative in the claim. I a 7J B ?. es t# claim all the time, ;and still hold it.. On the (Saturday previous to the Monday, Quinlan told me he wquld Bell the share for £15 I waa offeredl £60 for it; and'a week afterwards had an offerof£9(«and subsequently I have been told I could get £120. 1 told C&inlan that I should hold him responsible if he

sold the share for £16.—0n being examined bjr, Mr. Hesketb, plaintiff stated that he had.sold the pnare fer £80, and would pay Quinlan had the money.been paid to him. • A man named. Wallaco in the claim had offerad him.£6o, but he,refused to ac John Quinlan. was next examined, deposed tear ne knew the parties.in this action. He : had »«£«**> a judgment against the plaintiff m the | Magistrate's Court, but had not received the money., When 1 aaid I should execute the wan-ant on his halt-share, he offered to give me a mortgage on his wn house, but I refused, eub.equentlr R aye me a./half-shore m Mr. Macdopalds office in thenar Naught claim I took poMessfon of the half-share on the 6th Match, and sold it to the; -resent defendant.: I did not, Jjuthon.se any person to sell the sbarofor me. The document produced is the one plaintiff gave to me.—Some discussion ensued respecting the nature of the document, which, was pronounced by the Court to be a transfer of a certain interest, subject to conditions, but not ii deed. —Thomas Mylor, the defendant in the case, .was then examined. He said. he got into possession of the half-share by purchase !from Quinlan, andjknew from whom he got it. He told me he got tt from De Hirsch, and showed it to me. I had nothing to do with De Hirsch. The miner's, right produced 1got on the 6th of March, for a share m the Golden . City claim. The miner's right dated the ,Bth of: March I took out for my share in thq claim; I had purchased on the previous Saturday, and now >n dispute. I paid Quinlan £15 for the half-share. : lhe tender of the money by Mr. De Hirsch to Quinlan was admitted without calling evidenoe--Judgmen waa given for. < defendant.