WARDEN'S COURT.

Westport Times, Volume III, Issue 512, 3 June 1869, Page 2

WARDEN'S COURT.

NICHOLLS T. m'GOWAST. This was an action brought to obtain the cancellation of a certificate of protection obtained by the defendants, as the complainants alleged, by misrepresentation. The misrepresentation was alleged to be that the claim had been represented as unpayable, whereas in truth it was a good payable claim. The defendants had commenced prospecting fresh ground, and the complainants sought to set aside the protection and to obtain possession of the protected ground. The Warden, in giving his decision, said the evidence was not sufficient to satisfy the Court that the ground was richer than the defendants had stated it to be. The protection had been obtained because the defendants had represented that it did not do much more than just pay for working it, and because they found it would be necessary to put in another tunnel at a different level. They were in doubt whether it was worth their while to do so, and the protection was given to enable them to settle this point, and to decide whether they would continue working the ground or not. It was to be remembered that the protection was only for fourteen days, and at the end of that time the defendants whould have to resume their occupation of the claim or abandon it. The alleged misrepresentation had not been proved, and the summons must be dismissed with costs.

An application for a re-hearing in this case was refused.