WRDEN'S COURT.

Inangahua Times, Volume VII, Issue 1196, 17 November 1882, Page 2

WRDEN'S COURT.

Thursday V O vember 14th 1282. (Before Mr Warden Revell) A fVLIC 'TIONS. Chavloa Macquavrie, sections 933, 934, Mace-street Reefion. —Granted. J. W, Butt, residence area at Boatman's, portion of Welcome Company's ■if.— V. -fire 1. './J.-s. T .•■•).-. fv the City of Edinburgh CoUj: -ii;-, Lu:i;;>4 on Bliicks Point track. Gran tod. J. Jlasel, double area claini, on terracp between Devil and Denny's Creeks, Objected to by James Pollock, on the ground that applicant is already in posfcsaion of a double area claim, and the

granting of another double area to him would prevent anybody else from coming within a cooey of him. Applicant said > that he had been prospecting the ground ; for 9 months and only got a few penny- ' weights of gold. Objector was interested in a quartz lease on the opposite side of the range, and was frightened that if alluvial gold was found the quartz leases might be refused. If a lead was found it might extend for miles. The Warden said the certificate for the abandoned double area would have to be surrendered. He would grant one double area, and if applicant desired more ground he would have to apply for a lease or extended claim, and have it surveyed. The same applicant also applied for leave to construct a tunnel 100 ft. and darn and race, which was granted. James Seymour, sections 71 and 72, Black's Point. Granted. G. Wise, for the Progress Company. Adjourned for production of papers. Francis M'Lean, section 9, Reefton. Granted. G. Farilly, six months' protection of hut in Boatman's Creek. Granted. W. Hindmarsh, for the Lanky's Creek Cement Company, water-race already constructed, 40 chains in length, from Lanky's Creek to the company's machine site. — Granted. Three other applications by the same company for water-races in the locality, and one for a dam were granted. W. G. M'Coil, water-race, Brenuan's Gully, Antonio's. Granted. The Gladstone Extended Company, water-race, 1J miles above the suspension bridge on short track to Boatmans, to carry 50 heads. Granted. Also special site of 5 acres. Adjourned for survey. Jas Barrowman, sections 911 and 914 Anderson street Beefton. Granted. F. Cawley, water-race, \ mile, in righthand branch of Big River. Also waterrace in Snowy River. Granted. W. Hindmarsh, for the Globe Company, water-race of 100 heads. At the request of Mr Hindmarsh the application was withdrawn, a fresh application having been lodged for the rights under the Mines Act. P. Brennan, Little Boatman's Creek, No. 2, water-race in Little Boatman's Creek. Granted. D. P. Anderson, special site for tramway at Lanky's Creek. Granted subject to survey. M'Caffrey v. Lucky Hit Company. This was an application fer the cancellation of the lease of the company, on the ground of non-compliance with the labor covenants of the lease. Mr Jones appeared for the applicant, and Mr Lynch with Mr Guinness appeared to oppose. Mr Jones having opened the case at some length, called the following evidence : Henry Lucas, I am clerk of the Warden's court at Reef ton. I produce lease No. 1030 granted by the Government to Henry Evans, under the name of the Lucky Hit Company. Cannot say when the lease was signed by Henry Evans. I was the attesting witnees ; It purports to be signed on the 26th January 1882, but cannot say whether it was signed on that date, or not j have received £50 13s 4d rent on the lease, being from Nov. 1879, to December, 31st 1882. I think £32 of the amount was paid by Mr Beeche, and the balance by Mr Brennan. The £32 was for two years. The certificate of occupation of the company was sent up to the Government for cancellation on the Bth November, 1881, for neglecting to take up the certificate of occupation. On the Ist October, 1881, notice was sent to Evans asking him to come in and take up the certificate, and upon his faihire to do so the certificate was sent up for cancellation by order of the V\ arden. But the persons interested came in on the 16th November, 1881 and tendered the back rent and the certificate wa3 returned to them. On the 14th ''- ovember 1881, an application was made for what I believe iathe same ground as that now held by the Lucky liit Company. The application was by M'Guire and party. I may have told them that the certificate of occupation had gone up for cancellation and that it was no use applying for the ground until the certificate had been cancelled. By Mr Guinness : Lessees are as a rule allowed a little latitude in paying up arrears of rent, but on signing the lease they are required under rule 25 to pay up all arrears. The latitude I spoke of is only given in the case of the execution of the lease. ' n the 18th June, 1882, a sum of £18 13s 4d, rent, was paid by Mr Brennan, for Evans, and that paid the rent up to 31st December, 1882 ; The payment in question included some arreas, and formed a balance then due. As a rule the date of the payment of the arreas of rent would be the date of the execution of the lease. Re-examined. — In June 1882 notice was given 'to Evans to execute the leasa ; cannot say when I received the lease from Mr Greenfield, but it was prior to June in this year. At this stage of the case it was admitted by the defendants that no work of any kind had been done on the ground except a survey, for which the sum of £9 had been paid. John McCaffrey, miner living at Boatman's. lam the applicant in the present case. By Mr Guinness. The application is in my own name. Mr Guinness ; who are the shareholders with your. Mr Jones objected to the line of examination. Witness ; objected to give the names of his co-partners. The warden upheld the objection. George McGuire ; miner residing at Big River; I know the ground held by Henry Evans for the Lucky Hit Cotn[a'iy, Boatman's; The South Hopeful ia >n the northern boundary of the Lucky

Hit lease. Twelve months ago I applied for 12 mens' ground south of the South j Hopeful, for ground known as the Lucky j Hit claim. Mr Lucas told me that I could not apply for the land until it had been cancelled. I said I had better apply for the cancellation of the lease and he | said that I need not do that as he himself [ had already sent it up for cancellation, I had some of the original Lucky Hit shareholders in with me, and when I went to Boatman's I told them what Mr Lucas had said, and Mr Currie who was a shareholder in the Lucky Hit at once went to I Beefton and got the rent paid. lam interested with McCaffrey in his application. I object to name the others in with us. This closed the case for the applicant. Mr Guinness raised a non-suit point, and Mr Jones having replied, the Warden over-ruled the objection. The following evidence was then called for the defence : - Mr Willis, bailiff of the Court, proved the service of a notice on Henry Evans, on the sth June last, calling upon him to execute the lease. Henry Evans admitted the service in question, and proved that within two or three days after the receipt of the notice he called at the Warden's office and executed the lease. Could not recollect the date, but thought it was five or six months ago. Patrick Brennan : lam manager of the Lucky Hit Company, the capital of which ia £24,000. The company are the holders of the lease in dispute. There was a project on foot to amalgamate the Lucky Hit and Inangahua Companies, but at an extraordinary meeting some of the Lucky Hit shareholders objected and the proposal fell through. Since the date of this application men have been put on to work. It is the intention of the company to work the ground in a bona tide manner. By Mr Jones. The company was incorporated on the sth A.pril 1882. A sum of L2OO has been called up. Counsel having addressed the Court at some length, the Warden non-suited the applicant, but refused to allow costs.