WARDEN'S COURT.

Thames Star, Volume XVI, Issue 5094, 15 May 1885, Page 2

WARDEN'S COURT.

THIS DAY,

(Before H. Kenrick, Esq., Warden ) The Drainage Case.

PEEP LEVEL CBOSS O.M. CO. V. "WAIOTAHI,

The following evidence was taken after we went to press yesterday :— John Heighway, re-called, produced the book showing the regular consumption of coal since be took the Fump over from previous witness, E. Comer, which showed a memorandum made on information received from Mr Comer, that for seven months previously an average of 375 tons of coal were consumed per month. The present monthly consumption was from 250 to 260 tons.

Mr Campbell addressed tbe Court, claiming that some principle should be laid down by which companies could settle their differences regarding drainage without recourse to litigation. The basis lie proposed was that the amount to be paid by the contributing company shold bear the proportion of the cost of drainage to the level of Us deepest workings which the area of the mine bears to the whole area drained, whether occupied or vacant. Arguing that all companies working beneath the 400-feet level should bear the additional expense of pumping below that level. Plaintiff's were receiving direct benefit from pumping operations, and should not, be exempted from contributing.

Mr Miller maintained that the interest on the outlay for the purchase of the plant was as much a legitmate part of the cost of pumping as the monthly expenditure, and should be borne by those benefited. The additional cost of pumping below the 400 feet level was £100 per month, whereas the three companies working below that level were now paying £130. According to Mr Campbell's scheme they were thus contributing excessively, and if their shares were reduced, that of the Waiotahi company would bo increased proportionately. As area was liable to frequent change, it could not be taken as a satisfactory basis for levying the proportions of the cost, and the matter was ono for arbitration between those interested.

Tli6 Warden said he was asked to assess the just contribution payable by one out of the tnaoy companies interested, and this, too, afler a majority of them bad made an arrangement amongst themselves. He could not establish a principle without upsetting existing arrangements, but had he been esked at the beginning of the year to assess all the companies beuefitted, the task would have been much easier. As it was, he had only power to assess individual oases. The Miaes Act, in force iv Southern goldfields, gave much more-equitable powers-than did the, Gold Mining Districts Act, which eimply provided for an arbitrary settlement in each separate case. An amendment of the statute was clearly necessary in this respect, and hd thought the Warden should be given power to fix the boundaries of the drainage area benefited by the operations cf ench pump; that a Drainage Board should be elected by those concerned, and a drainage rate be struck. Tbo rate should be levied in two forms,— the first to bo upon area occupied within the drainage area, and so be chargeable upon the ground when taken up ; the second to be a tax upon the profits of the mines, all revenue under either head to be entrusted to the Boards for administration. In this district it would also be reasonable that a portion of the drainage rate should be deducted from the rents accruing to private owners, natives or Crown. In this case he had to ascertain whether I the particular company against whom the ' order was asked for was benefitted by the pumping operations, and, if so, to what extent; what was the necessary cost of pumping ;• and whether the pumping company should be held liable to contribution. The first question must be decided in the affirmative, and regarding the second, the necessary cost had been shown to be about £450 per month. He agreed that the plaintiff company should be liable to contribution; but the present case was restricted ,to the settlement of the Waiotahi rate of payment. Excluding the Queen of Beauty from the calculation as it did not seem to be within the Big Pump drainage area, and omitting the Deep Level Cross, he found the Waiotahi company's proportion would bo £35 03 per month. The yield of gold from the mine was a material element in the calculation as the company could not obtain its gold but for the drainage. After making allowance for the amounts which the majority of the companies iiad agreed to pay, there was still £220 to be provide for, and the companies unassessed were the Kuranui Hill, Moanatairi, Barwin, New Manukau, and Waiotahi. "^ln fixing the defendant's rate, he was placed in a somewhat unfair position, but thought £60 a month a reasonable sum under the circumstances. If assessing all tbx com,.

panics he would have made it less; and someolhers would also been made to pay larger-amounts than now. He would order that the defendants pay £720 within the ensuing eight months, the first instalment of £90 to be paid on the 31st inst. A thoroughly impartial nsssstment could be made by bringing all the interested companies into Court and considering the whole question. The fact that it would cost the defendants more than £60.per month to drain their own mine had in* fluenced him in his decision. Costs were fixed at £13 19* 6d. The Warden said he would attach to the order a condition to protect the defendants against a long stoppage of operations; and that the condition might bo decided upon,' the recording of the order was deferred until this morning. The Court then adjourned.