MAEREWHENUA.—OCT. 11.

Mount Ida Chronicle, Volume II, Issue 88, 21 October 1870, Page 3

MAEREWHENUA.—OCT. 11.

Warden's Cotjut.

(Before H. W. Robinson, Esq., Warden.)

T. Halay v. All Nations "Water Bace and Mining Company (Eegistered).— Debt, £ls 17 s. 6d. The plaintiff said he had been engaged as a laborer on the works of ftie All Nations Company on the terms that his wages were to be 10s. a day, of which he was to receive one half in cash, the balance to be retained until it should amount to £2O, when he was tc be entitled to one £2O share in the company. He had worked 35 days and 6 hours, and his wages amounted to £l7 17s. 6d. He had only been paid £2 in cash. He had been told that if he worked any more there would be no money to pay him. After hearing some evidence for the defence, the Warden suggested to the parties that the case might be settled out of Court, and adjourned it for the purpose. When the case was again called the plaintiff and the manager of the company appeared, and informed the Court that a settlement had been come to. All Nations Water Bace and Mining Company (Registered) J. Evans and Others. —Damages, £25. This was a claim for damages for unauthorised interference /With the plaintiffs' water. It appeared ; that the defendants had a contract with plaintiffs to cut a portion of race for them, and on the completion of the work the plaintiffs were to become lessees for a period of a race belonging to the defendants which would connect with plaintiffs' own race. The defendants had against the wish of the manager of the All Nations Company, turned the water of the All Nations race into their own race, and contended that they had a right to do so until the contract was completed. The contract was produced, but as it said nothing about any such right, the Court held that this was clearly a trespass, and not merely a dispute about the execution of the contract, which, by the terms of the contract, should have been referred to arbitration. For the' trespass the Court gave damages £lO, and lis. costs. Grants were made as follows:

Preston and another—extended claim, head race and tail race ; All Nations Company—tail race ; Nimo and Others —enlargement of race ; C. Grreig and Others—water race; Smiley and Others —water race ; M'Donald and Others —-water race ; Dover and Another — tail race ; Dover and Others—water race and extended claim ; T, Plalay—water race. The following were refused: —Pringl6 and Others—water race ; T. Cooper — water race; Hall and Others—water race; T. Smith—residence area; Turabuil and Others, water race.