WARDEN’S COURT—Yesterday.

Thames Guardian and Mining Record, Volume I, Issue 129, 8 March 1872, Page 3

WA RDEN’S CO U RT— Yesterday.

’ I Before \Y. Fraser, Esi., Warden. j 11. Davidson v. Coliban G.M.C. — The [ plaint in this*case set forth that the co.n----j phiinant is the registered owner ot" tlirceeighths of a share in a claim on the Kuruuui spur, known as the Providence claim, of which defendants are now in possession, and refuse to give up to him his threeeighths of a full share. Wherefore he prays the Court to decree : 1. That "complainant has a valid title to the said three-eighth of a share. 2. That defendant is in illegal possession thereof. 3. That complainant he put in possession of the same and have such other relief as may seem fit to the Court.—The complainant appeared in person.—Mr Macdonald and Mr Tyler for the Company.—F. Burgess, clerk to the Mining Registrar, produced the register of the Providence claim, to prove that complainant was registered for three-eighths of a share, or whatever interest Edward Wood had forfeited before 14th December, 1871. Prior to that, Edward Wood was registered for three-eighths of a share, llejjhad not forfeited that interest to the Company. By Mr Tyler: Wood acquired his interest at different times. He had a half-share; of that he sold a quarter in August, 1809. There was some surplus.ground, of which he had a share. The Providence Co. appean-d in the honks on the 20: !i (deloner. That Co. was registered for all but tlire- - eighths.—Mr Eobincon, receiver of goldfield revenue, stated that on the 9(h August, a miner’s right was taken out for Edward Wood. Mr John Hudson took out a miner’s right, which was subsequently used by a party of (lie name of Johnson, the number was 2308. Wood had a store at Oiiiiieinuri. Johnson had ! charge of it. Don’t remember wh it the miner’s right was need for. Johnson us d it for his employer.—By Mr Tyler: Tliere were several rights taken out at the same time for Tararu district. Can’t say for what purpose.— William MeLoughlen said he was one of the plaint ill’s in an action against the Providence G.M.Co. Knows the ground. The Coliban Co. now hold that ground. —By Mr Tyler: I I appointed persons to murk out the ground. It was registered as the Coliban claim, marking-out was under tin*, an! Imrity of the Warden.—D. G. Macdonell, mining agent, secretary to the Company, stated that lie remembered a 1 tter being s.-nt to the Directors from Mr Davidson, claiming to have his interest registered in the Co. The Co. declined to recognise tire claim, and requested witness to forward the letter to Mr Tyler, as solicitor of the Company. —By complainant : I don’t remember an)’ money being paid fur withdrawal of a plaint against the claim.— John Hudson was called but did not appear.—Robert Davidson, the complain nut deposed that Hudson had been served with a stib/Hcna. — The defendant's counsel called Edward Wood, who stated that he was a general agent and“ shared-aler,” not “ sharebroker.” Was formerly a storekeeperat Ohinemuri. Johnson wasemployed at the store two years ago. Ne.'er authorised him to make use of a miner’s I right for him. lie did take out a miner’s 1 right, for witness at. Coromandel, who had an interest there which was jumped, and i witness did not take out a right for Coro- ■ mando! since. This was about two years j ago. Don’t know anything about a ! miner’s right being taken out for him in j August. Know John Hudson ; never ! authorised him to take out a miner’s \ right for witness. Believe tliere is another Edward Wood here. Was formerly a shareholder in the Providence claim, hut has sold his interest, and has had nothing to do witli it since 1809.—8 y plaintiff : I received CIO for giving evidence on a former occasion in reference to the Providence claim. Declined to come here without. 1 don’t remember saying I was sorry that action was not brought in my name. Was not aware until I looked at the books that 1 bad a miner’s right. Cannot swear that llnelson or Johnson did not take out a miner’s right for me in August last. Never authorised any one to do so.—Mr Burgess was re-called, and stated that the interests in the Providence had all been transferred to the. present company.—William MeLoughlen was recalled, and said he caused the ground to be marked out and registered. There were two peggings out; one was abandoned, and then there was another. It was under advice that, this was done. The ground taken under the second pegging was registered as the Coliban. There was a plaint in this matter, which was withdrawn.—J. E. Macdonald, solicitor, stated that a plaint was laid by Mr Miller which was subsequently withdrawn.— The Court gave judgment for defendants without costs. Middle Star v. Star of Thames, Regan v. Quinn—These cases were adjourned until next Court day. The Comt then adjourned until Wednesday next.