WARDEN'S COURT.

Thames Star, Volume IIII, Issue 1738, 29 July 1874, Page 2

WARDEN'S COURT.

THIS DAY. , (Before W,. Fbaseb, Esq., Warden) THE DKAINAGE CASES. PUMPING ASSOCIATION Vi IMPSBIAL V . CITY; G.M.CO. : The plaint set forth that the complainants are the owners of a machine used for pumping water from the respective mines in the-neighborhood' of which the defendants are the owners of one, and the complainants, being the owners of such machine, claim.contribution from the defendants,' a notice in writing having been served in accordance with the 69th section of " Goldmining Act, 1873/' The, complainants therefore, olaim that this Court determine whether the defendants are benefitted by the said machine, and, if so, what amount would be a reasonable assessment, and also the mode and time of payment. Mr. Macdonald with.Mr. Tyler for the plaintiff's. Mr. Macdonald applied for the case to stand over. ■ Granted. SAMB T. CT7BB. . Mr. Macdonald said that in this case he understood from telegrams there was no opposition om the part of the defendants, and that the case would be withdrawn on the Court making an order as to the amount of assessment. Charles Tothill, ■worn—l am managing secretary of the Pumping Association. 'I know.the company known as the, Cure. The notice produced has been duly served, claiming £11 6s 8d per month, calendar month s. The £11 6s 8d is founded on a division amongst the various mines benefitted by the Pump. It is a pro rata assessment. The plaintiffs are the holders of miners' rights. The Association has been duly registered. W. C. Wright, sworn—l know the works known as the Big Pump. I know that the Cure mine is in the Hauraki district. The Cure mine drains into th* l Golden Crown, and there is no doubt it is' drained by the Pump. -wi-,. — Stoddart sworn—l am clerk to Mr. ' Tothill, some time since I served a notice on the legal manager of the Cure Company. Chas. Tothill re-examined by Mr. Tyler —the defendants have neglected to comply with the requirements of the notice. His Worship asked for the production of the deed of association of the Cure Company.,, Mr. Macdonald replied that the deed of incorporation was in Auckland,- but that a witness had sworn to the fact that such an incorporated company did exist. < His Worship said he would make an order for the amount claimed to date from the day in which the order was made with costs. ■ * ■ '■ " r SAME V. THB WAIOTAHI O H.CO. Mir. Macdonald 1 read a letter from the secretary of the drfonrlants, stating that ' the Waiot&hi were willing to pay the assessment, ?iz., £12 per month. SAME V. OTAGO G.M.CO. Mr Macdonald applied for an adjourn-.' mentfor one week. '." ', ,' Graattd. ' " ■\, -\ t : u ;- '

SAME V. HAZELBANK G.M.CO. Mr. Macdonald stated that the defendants did not deny benefit, but demurred to the amount assessed, £15 3s. 4d. per month. ;. Thomas Horsbrugh, sworn, said—l am manager for the Hazelbank Quartz Mm* ing Company. I have received notice from the Pumping Association relative to drainage. The amount of the claim is £15 3s. 4d. I have been, manager of tko Hazolbank Quartz Mining Company for several months. I know the Pumping Association works. I believe that the Haxelbauk mine is drained by the Association to a certain extent. I cannot say wkat it would cost to drain the Hazelbank, as it ha* been dry since I hare been connected with it. I think it could not be for less than £15 3sV 4d. per month. If- it;was necessary to erect machinery or a whim it would cost more ,tha» that. "The Hazslbank have not yot j>aid anything to the pump, as there was no getting at the;W<iy in. which (the estimate was made. The directors of the Hazelbank have discussed the matter and arrived at the conclusion that the mine . was drained by the pump. TheHazelbank Quartz Mining Company is - registered. / ; . Crosby . Kidd, sworn—l • know the, Hazlebank claim;. I was at one time a shareholder, and worked in the mine for some time. There was no water in the mine at that time—that was at the surface level; when we sunk the shaft there was plenty of water, but when the Caledonian started pumping the water'left. I doii't think the Hazelbank shaft could have been sunk if there had been no primping r-we could not have hauled out the water. The 1 Caledonian was the deepest shaft at the time. To His Worship—The shaft was down 100 feet, and water all the way. W. C. Wright, sworn, said—^l know the Hazelbank shaft. I have heard the evidence of the.previous witness. I wai not then connected with the Hazelbank, but believe the mine has been-drained by the Caledonian and Golden Crown. These_ pumps have now ceased to work, •the mines being dry. His Worship asked for proof that the summons had been served 21 days. Thomas Horsbrugh recalled, said, he 6ould: hot recollect the date, but believed it was mor,e than 21 days. Judgment for plaintiffs, with costs £8 Is. „ SAME V. GOLDEN CALF G.lf.CO. ;;;Mr,,MacOTnald applied that this case be adjourned for,th» arrival of material witnesses by the Golden Crown steamer. r.fi\; . SAME V. CENTBAt ITAXT.

Mr. Brassey on the part of the plaintiffs, objected to this case being beard unless in the. order it was set down, i.e., after, the hearing of fehs Golden Calf case. MrV ■Macdonald objected to this course, but eventually agreed to an adjournment; the witnesses of-the day to be paiitby the plaintiffsilr 1 ' ; „ V " SAM#Y.-WAIOTJIHI G.M.CO. , Evidence in tliis ease was then taken. ' ■ Charles Tofchili sworn said—l know the plaintiffs ; i defendants are carrying on business as the Waiotahi G.M.Cp. (limited). A copy of the notice produced has been duly served on the 22nd May. The Pumping Association claim £12 per month, the sum is arrived at by pro rata assessment, and is considerably less that the cost of pumping Association. The defendants have not contributed. B. Stoddart proved the service of the notice at the registered office of the Waiotahi G.M.C6. The notice was served on the 23rd of May. ; W. G. Wright swornr-I know the Waiotahi mine, that mine is drained by the Pumping Association. Judgment for plaintiff with costs £11 Is. :■•. In reply to His Worship Mr. Macdonald said the plaintiff would likt the orders to be made for one month in advance. { His Worship said he could nob mate on ordor till a benefit had been received. He would make an order that the contributions be paid monthly. He would in this case make an order from the 29th July for six months, to be paid monthly at the office of the Pumping Association, Thames, or at the office of the complainant, Auckland. SAME V. CENTIUX ITALY G.31.C0. Mr. Tyler in opening the preliminaries ."of the case put in several documents relative to the plaintiff's case, and called on defendant's counsel (Mr. Brassey) to produce the license of the company. (Produced). E, Stoddart. proved the service of the ■~ summons by post. C. Tothill, sworn, said—l am secretary and manager to the four companies, coml^plainants,. . . Mr. Brassey obiecied to the examination as thq deed of incorporation had not been produced. Examination continued—rTookey's Company was incorporated under a Victorian Act. Mr. Brassey again objected to the evidence being taken. His Worship took a nota of the objection. . . Mr. Brasscy said that his objection was based on, there being nothing to prove that the incorporation existed. His Worship said he had been led t& believe that all the deeds of incorporation had been produced, and that if Mr. Brassey's objection was sustained he would quash all the previous orders. The Court adjourned till two o'clock. The Court resumed at two r o'clock, 1 when the evidence was taken on the objection raised by Mr. Brasscy, and a long argument ensued, after whfcli tho Court decided 1o hear the whole of the- cviflenoo, making a note of tho objccliun raised. The evidence was then proceeded with. Left fitting.