AUCKLAND SUPREME COURT. Wednesday.

Thames Guardian and Mining Record, Volume I, Issue 171, 26 April 1872, Page 3

AUCKLAND SUPREME COURT. Wednesday.

IN BANCO.

(Before Sir George Alfred Arney, Chief Justice.) Thomas and Others v. Bright Smile Gold Mining Company. —This was a rule for an injunction to prevent the defendants from working the mine until certain issues between the parties had been determined.—Mr Sheehan for the plaintiffs, and Mr MacCormick for the defendants. —Mr MacCormick made application that the rule be enlarged.—The application was opposed by Mr Sheehan, on the ground that the defendants were working double tides at the mine. They had erected an additional crushing machine, for the object of extracting as much gold as possible before an injunction could be granted. His Honor said lie was not inclined to delay the injunction unless speedy cause could be shown why the rule should not be granted. This was a case widely different from many others where injunctions were applied for. For instance, with a merchant, or trader, lie coidd be made to show how much and in what manner property or merchandise had been disposed of from the time application for an injunction had been made until it was granted. Here it was different ; for much of the wealth of the mine might pass away and no account be rendered. If lie were assured that the defendants would not work the mine and realise on the wealth accruing from it, he would allow the hearing to stand over until Friday next. After discussion and argument,his Honor agreed to allow the rule to be heard and argued on Saturday (Friday having been set aside in the divorce case, White v. White, Bennett co-respondent) ; but this conditionally that Mr MacCormick should forward a telegram to the defendants directing them to suspend the working of the mine; otherwise, upon refusal, an injunction would be granted forthwith. —Mr MacCormick undertook to forward a telegraphic message ordering the working of the mine to be discontinued instanter upon its receipt. Upon the application of Mr Sheehan, one of the plaintiffs received permission to go to the mine to see that the order to cease working was complied with. Barristers. —Upon the application of Mr Sheehan, C. E. Madden and Elliott Meyer, Esq?., were admitted as barristers to plead at the bar in the superior Courts of the colony. Both gentlemen had previously been admitted as solicitors.