WARDEN'S COURT.

Cromwell Argus, Volume V, Issue 251, 1 September 1874, Page 6

WARDEN'S COURT.

Friday, August 28, 1874.

(Before W.Lawrence Simpson, Esq., Warden.j

APPLICATIONS. Protection. —J. Crombie aid another, 90 days' for claim on Doctors' flat: protection granted for one acre.—W. Shaw *nd three others, 90 days' for claim in Pipeclay gully: granted for two acres.—Samuel Boskruge, 90 days' for claim in Pipeclay gully: granted for one month for one acre.

Extended Claims.— John Perriam and three others, four acres in Wood's gully : granted.— John Battie and another, two acres in Adams's Gully : objected to by Rsndall, and postponed. —William Shaw, one acre in Pipeclay gully : granted.—W. Anderson md another, two acres in Pipeclay gully : granted. Tail Faces.—-J. Pernam and others, from claim in Wood's gully: granted.—Ah Foo and others, from claim in ftevis gorge : granted.— Hew Toy and others, extension :. granted. Watc Races.— John Barr and others, from Bannockburn race : withdrawn. —J. Lansburg, one sluiceheid from Culvert creek : granted.—W. H. Day, two sluiceheads from near Albertown: granted.—H. Thomas and another, for alteration of head race : objected t< by Bannockburn company : granted permissio l to alter, head of race So. 000908 to the point <* the Bannockburn crtek where No. 2235 r?e commences, and to take the water through sid race to Shepherd's creek : that is, permissio is given to alter the entire, provided the old o&n----nel held bv No. 000908 is renounced, as alg the right to draw water from Wet gnlly, an the right from the Bannockburn is reduced frpi two heads to one and a half, license not to iss»> until race constructed. Dams. —J. Perriam, in Wood's gully:, ranted. —Samuel Graham, at Bannockburn objected to by Olver and party, and adjourned, > Cancellation,—F. and J. Skinner i»plied for cancellation of certificate for extend claim : "granted. COMPLAINTS. Maheru. Goodger and others.—his was an adjourned case from last Court-da; having been 1

adjourned in order to allow of service of summons on Petersen, or at his claim. Mr Cowan for plaintiff, who claimed £l2 10». 6d., balance of contract for cutting portions of Bannockbum water race. Mr Wilson represented two of the defendants,— Goodger and O'Neill. • , . , Some preliminaries having been disposed of, Mr Wilson pleaded a general denial, and the evidence was then gone into. . The Bannockbum Water Race Company, m September last, called' for tenders for the construction of sections of their race, and Maher got section 4at 17s. 6d. a chain. He did 3| chains of this section, and then tendered for section 3 at 19s. a chain, which tender was accepted. The party then agreed, if he would cut section 3 first, and get both finished by Christmas, that they would give him 20s. a chain for the lot. Maher at once went on to cut No. 3, and having finished.it asked for his money, and refused to go on with No. 4. The terms upon which the company let contracts were that 75 per cent, only would be paid as work proceeded for the portions done, and until the completion of the contracts. Maher, it seems, who can neither read nor write, did not understand this, and would not take the 75 per cent. At different times, however, he and his partners had been paid moneys on account of the job amou»ting to 75 per cent, on the total price of No 3 ; so that Goodger and party refused to pay Km any more uutil he had completed section' 4. The portion which he cut of section 4 was acknowledged by Maher to have been improperly finished; and Goodger and party brought up documents to show that they had re-let thf section at a much higher rate, and so had lost money by Maher not having completed his contract. Had Maher been possessed of any njeans, they would have sued him for damages in jonsequence. While Maher was in the box, Mr Wilsor asked him to produce his miner's right. This he could not do, and Mr Wilson argued that therrfore he had no status in the Court. On this pint the Warden reserved judgment, but gave ar opinion as to what would be an equitable settlement of the dispute. The part of section 4 whiih Maher had cut was evidently not well finished, and the company had lost money by having it /ompleted at a higher price. Therefore he thought Maher should ask nothing for that. But section 3 was passed by O'Neill, and was good value for money ; and it would be fair if Mater was paid for this at his first contract rate, nanely, 19s. a chain. 50 chains, the length of tie section, at 19s. a chain, would amount to £47105., and as Maher had received £4l Is., a baljnce of £6 93. would thus be left to his credt. This, _he thought, would be a fair thing foiboth parties ; but he would reserve any real cicision on the subject until he had looked up tie point of law in reference to the miner's right. Dagg and others v. Goodger aid others.—This case had also beeen adjourned f>r the same reason as the previous one. Mr Cowan for complainants ; Mr Wilson for tro of the defendants, —Goodger and O'Neill. Complainants, Herbert and Watson, Dagg and Short, and Wood and Britten,, claimed ,£IOO ; partly as wages for cutting portion's of dants' race, and partly as danages for non-com-' pletion of contract entered nto with O'Neil and Petersen, for defendants, f his contract, as explained by complainants, •wis to the effect that, if the three parties named ;ut a certain length of race, they would be suppied, by way of pavment, with six heads of water for a certain length of time. Not ha'ing been so supplied, they claimed wages for tleir work, and damages for non-fulfilment of thecontract.

The defence was thatthc agreement marie by the company was witl Herbert and Watson alone, and that the forms of such agreement were that the company would give theraasniuch water as the race couS supply until Christmas, not specif]ying any particular length of time such as six weeks. The cefendants also handed in a letter from Watson aid Herbert, dated January 22, claiming.£.Blos. ,as a settlement in full. This sum, according to vVatson and Herbert, represented what they ;onsidered due to themselves up to that date. The decision wis held over, the question as to the miner's righthaving been raised in this case also.