WARDEN'S COURT.

West Coast Times, Volume 29, Issue 11279, 29 April 1899, Page 4

WARDEN'S COURT.

John Toker and others, application for extended claim. Mr Beare for applicants. — Withdrawn. 0. Johansen and others, application for protection of extended claim for six months^ Lawyer's Paradise, Waimea Creek— .Granted. ' John oourke and others, application for extended claim o£ 2 acres near Waimea — Granted. J. Manzoni and J. Dolph, application for dam, Callaghana. — Granted. Thomas Bertram, application for residence area, Stafford- Adjourned for Chief Surveyors report till next Court' day. ASSESSMENT COURT. Wheel of Fortune Co, Ltd, objection to valuation of special claim, race, etc, valuation £41,000. Mr Murdoch for objectors *nd Mr Beare for the County Council's valuer. Mr Murdoch called James Park, one of the attorneys of the Company, deposed that in his opinion the claim, including all machinery, was not worth £5,000. The actual amount paid in cash to G. F. Batchelor was £2500 and he was to get 85.000 fully paid up .-ilmes at a nominal value of £1 each. These shares will not be issued uufci! there is a favorable opportunity in the London market. According to letters received these shares will not bs issued for some time. Ai the present these shares are practically valueless. The total capital of the Company is £105,000. Since the CJorapany took possession the Company spent £1,500 on worksCrosh examined -I cannot say what the •hum will fetch if sold by public auction. I do mot see how it is possible that Mr rfatchelorproduced in the Warden's Court dtKumara about 12 years ago receipts showing the yield of gold to have been 60oz per mouth. Tbe market value of the shares isabout 1-3 rd the nominal value. I swear that the £6750 mentioned in the transfer was a fictitious value. As a matter of fact the Company forwarded £104 more for stamp duty than was required. This was done because the Company did not know of the amendment in the Stamp Act reducing the fees. Thomas Bertram, manager of Wheel of Fortune claim, deposed : The £1500 spent on the water races has more than 'oubled the value of these properties. I would consider the outside valuo of this property is £5000. The value of the claim as a gold mine I cannot estimate because not sufficient work has been done Cross-examined : I have no idea of the value of the shares ; they are not worth more than Is per share. This closed the case for objectors.' Mr Beare called J. S. Dew, Registrar of the Court, wh 0 produced tbe transfer from Mr G. F. Batcbelor to the Company. G. Haussmann, Valuer, deposed to getting the information of the transfer of the claim from Me Murdoch, one of the attorneys of the Company, aDd it being a sale of the property he felt bound to asses 3 its value at the price for which it was sold. In answer to the Bonsh witness said he could not form an opinion as to the market value of the shares, neither could he aay what the claim would fetch if submitted to public auction . After many years experience as Valuer he considered the clause in the Gold Duty Abolition and Mining Property Rating Act fixiu? the value of raining property on the basis of

what it would fetch at a public auction ' as nonsensical and unworkable. In tbe present case he considered h« had no ; option but to pu 1 ; the value at the amount mentioned in the t ran.- for and he bad ; nothing to do with The calve of the shares or whether they had beeu issued to Mr Bj,t«helor. His Worship remarked he did not think it wise on the part of the Caunty Council to endeavor to extract lioavy taxation from Companies that are trying to develop their p opcrty. He would fix I the value of the claim at £7500, this beiDg three tiroes the amount paid in cash to Mr Batchelor. SUIT. John Mahouey, application for an ordinary claim of 1 acre at Caliaghans - ! Objected to by Dolph and Mauzoni. Mr Hannan appeared for applicants, and Mr Beare for objeitors. Mr Beare raise a non-suit point to the effect that applicants must apply first for cancellation of the liceused holding held by objectors. Mr Beare called Joseph Dolpb, storekeeper, Goldsborough : I produce the grant for the licensed holding heU by Manzoni and myself. The grant was made in"1889. j An exchange from the 1880 Mining Act ! bo the Mining Act, 1891, was made in May, 1896. Our party has had uninterrupted possession of the claim since it was granted : I estimate the cost of the tailiace fof a mile at £3000. We paid £46 for rent. No one laid any claim to any portion of this claim before tho present application. Mahouey did not serve me with any notice of the application The pegs were kept properly, during the tenure. _,Whon Mahouey kept encroaching we cuised a survey to be made. ' Mr -J. C. Macfarlane made the survey -We ga ve_noiiea-4Q_ JUahtraey ftTdtsist as . we found he was working on our boundary. I saw no pegs inaide out holding until Mahoney's application was made, Nearly the whole of the area applied for is within our area. Cross exatniued —1 was present when -the original claim was pegged out. Moretti, a former shareholder, and Joseph Clepatt, now dead, were with me : 9, 10 or 11 pegs might have been pointec 1 . ! Three pegs were put in at Mahouey's ' claim. Moretti showed the surveyor • round and helped him to survey it, Mahoncy has been working for. the last 8 or 0 months within our boundary. Moretti „ left the claim 16 months ago. Mahoney encroached to the extent of a chain long and 12 feet wide. He and his brother r were a'lowed to put their tailings on to j our ground since 1395 . l To the Court — Mahoney did not ask for our pegs when he pegged out his j claim. j J. N. Smythe, surveyor, deposed : I made the survey for tho original claim. I 3 met Mahoney's brother -when the survey was made. He was with mo all the time He and his brother were Avorking on the c southern iaide of Dolph's claim. He showed me his pegs ; 1 branded them and made the survey of Dolph's claim outside h'3 boundaries. Mahoncy was satisfied with my survey. } . Witness was cross-examined at some length. ' J. C. Macfarlane deposed to having 8 made a recent survey of Dolph's claim. Applicant's pugs are -within that area. Cross examined— Two pegs in the south east corner of the claim were shown to.mc 1 and I worked from these pegs. When at b the north corner I made tho remark '-I dv n not believe Ihere ever was a peg bere" " I could not find any pegs in the western ? c orner. t J. N. Smythe was .recalled to say that " all pegs were put in properly when the 1 original survey was made. This closed the casa for objectors. " Mr Hanna~n called 1 Antonio Moretti, hotelkeeper, Kuraara, [ was formerly a shareholder ia Dolph's 3 claim. I was present when the fir3t pege were put in and I also assisted Mr Smythe in the survey. The plan now produced s and made by Mr Macfarlano shows the • boundary lines of the claim as near as r possible. (Witness was examined at length on 3 the question of pegs put in originally.) I Edward Walker, miner, Caliaghans, said c helped Daniel Mahoney to mark out his claim in 1888. 1 could still mark out this 1 claim fairly accurate. It would be |inside . the line of Dolph & Party's claim. Michael Flynn, miner, Caliaghans, said w&A working in Mahoney'a claim up to 1892. (Witness pointed out the points tht> pegs were put in and where Mr Smythe surveyedjj At 5.10 p.m. the Court adjourned sine ■ die.