WARDEN'S COURT.

Inangahua Times, Volume II, Issue II, 5 November 1880, Page 2

WARDEN'S COURT.

Thubsday, JS T oy£iißEU 4, 18S0, (Befors Mr Warden Eevell.) Applications : Adamscn and Cariyle for certiSeate of re«is! ration of tai!»race, fioodsrace, and double area iv the ri^ht-hand branch of Limky Creek ; double area in tbe creek refused. Tbe mailer of taiNrace and flood«raco to stand over for precise description of locality. liodpferu BDd Clay fo? registratioa of head'i'aee iv Csrriboo Creek— granted ; also for dams iv the right and leftnband branches to Carribco— granted. Charles Gester ; no appearance. Why Deeh : Ordered to produce Ibo forms of application. James Fiia^erald : Ordered io B(;.and over, and subcequently refused. Application for ail extended, area east sido of Alfred river at tbe Cannibal .Gorge, was granted subject (o tbe condi* tion of it being suuate on the terrace. Nil DesperaGclum Q. M". Co. — ApplicuttQii for a lease cf sixteen and a*half acres— recouarueuded. Golden. Treasure— Applicalioa for a special claim of ei^h'een acres, being ground formerly held by the Untied Baud of E'ope Co., was recommended. CSOWLEY V. I.%LDOOir. This wasan aciion brought under section 102 of ibe Mines Act against the defendant, for tbe recovery of £19, Loing tlie balance of the amount owincj to plainitiF, a|.||MS^sliaro ja a contract for lakiuat oufc^uarfz for the Fiery Cios^ Company, Boafman's, in wb'ch both paitu-8 were "equully in(ere?.'rd, Mr Lynoh/or fi.-e 1 plaintiff. The : defendant, objfcled (o (lie jun«c?ic» lion of ibe Court oa Ibe grounds of (he aeliorj Jjaviug arisen in a luboui'itig piic nership, nnd pui>roii(ed tliak it could not be brouiilit before iho Warden. Tiie objection was overruled. r>< Cvov.ley being called— stated ih:U he hud entered into a contract with Ibe dfifeodan f , to -break' out qa;irlz Irom Ib Fiery Cross Company's iniue, cud bad worked niih bini three months until the completion of the conlri-c 1 .. The p; tly t'ODsisfed of eiglit members, nud the si.;tiv coniMiy; to each amounted to £-G Us SJ.' J'iio defeDduufc liaving ltceived tho money Iroia ibe cotapany paid tbe others, bu fc rclused (o pay the plaintiff and balance of £19 stilt owiug. . Chrisioplier Muldoon sh-f?d tlitt lie and Orowley vvero mates in two (ion--ti'aatf, i;ai!iely, iv 'lie Gokica Tie;tsine aud Fierj Cross. We sued the lYe;.s iveCumpauy for. ibiie Imaclicd aad o>i.i : pouaas, and were offered by ihut c-orn-Pasjy'' £104 to cotuproaiisa titu ciat.*; t ', '

We agreed among ourselves to accept £124, but wben the case was called, Ciwley, without the sanction ot the rest of the party, settled with the company for £50, and I claim £18 JO* from him, as the difference of my share in that trans» action. We are still partners and I bare retained the money coming io Crowley from the other conlracfc uutil I obtain settlement in the Golden Treasure business from him. I have been advised not to put in a setscfF, nor to enter an action, but to stick to the money. Judgment entered up for amount with costs to be lodged in Court, and execution stayed to allow defendant to bring an action for settlement of previous con* tract. ' \ Tho Warden's CourtJ then adjourned, and the Ecsident Magistrate's coru« menced siting.-