MINING PARTNERSHIP.

Ohinemuri Gazette, Issue 2720, 18 November 1910, Page 2

MINING PARTNERSHIP.

THE INCOGNITA CLAIM.

The taking of accounts between the partners in the Incognita claim at Maratoto occupied the attention of the ;. Warden at the Warden's Court yestern day. Mr T. A. Moresby appeared for John Dickson, Mr F. H. Mueller lor A. J. Thorp, and Mr Alexander Mackay appeared on his own behalf. Mr Thorp's claim against the partnership amounted to about for rent, I wages, etc., paid, Mr JDickson's.to nearly and Mr Mackay's.to about # Mr Moresby said that Dickson had been engaged as a miner at a small wage and " tucker," but he contended that Dickson must be paid at the ordinary rate of pay for miners as fixed by the award. Mr Mueller said that the arrangement was that Dickson was to get £1 a month and " tucker " for his services as caretaker. This being a partnership, the award did not come into the'matter at all. Altogether Thorp had paid Dickson £17 17s during the last 19 months. Mr Moresby said that once the relationship of master and servant existed the award rate ot wages must be paid. Dickson had parted with his interest in the claim 18 months ago*.. John Dickson deposed that in 1908 he entered into an arrangement with the other partners of the Incognita claim that he was to be employed on the claim. Mr Alfred Thorp was. not a partner at that time. Witness had been employed on the ground since that time " night and day. v He had been employed at pick and shovel work, " and brain, work too." He was also on the claim as an expert, as he had known the ground for years previously. He did a lot oi trenching and driving on the property, took samples, and furnished reports. He acted for the good of the whole of the, partnership. Mr Alfred Thorp had given instructions during the last eighteen months. Witness sold his interest over 13 months ago to Mrs Evans, Mr - P. Keller, and Mr Alfred Thorp. Witness kept on sending in samples according to instructions. Witness lived on the claim by himself, being the " hermit of Peel's Creek." Witness had to come to Paeroa pretty often on the business of the partnership, but he had not charged any travelling expenses. Since 1968 efforts had repeatedly been made to float the company. Representatives of the capitalists had been shown over the property by witness, who was employed as a miner. . ; Cross-examined by Mr Mueller, witness said that no actual mining work had been done on the claim since July last, but he charged eight shillings a day all the same, because he_had never been discharged. Mr Creagh came to the claim with four men-and took away samples. A man named Mathers had been employed on the claim, and had been paid with money received from A. J. Thorp. The claim had been under protection nearly all the time, so there was no necessity for the partnership to employ anybody at all. He denied that an arrangement was made for him to get £ 1 a month and "tucker tor " keeping an eye on the claim." To Mr Moresby, witness said he did some road mending, and also got some timber. To the Warden, witness said he could not tell all the work he had done on the claim. The £1 a month he took was to be " on account." Mr Mueller produced receipts signed by Dickson for money received at the rate ot £1 per month. A. J. Thorp, called by Mr Mueller, stated that he had been interested in the Incognita ckim since June, 1909/ He arr./njed with Dic'cson to act as caretaker ot the claim tor^i a month and tucker. When that arrangement was made Dickson said nothing about wages due to him. The first witness knew about Dickson's claim for wages was on Monday last, when accounts were taken before the registrar. Witness had paid the storekeeper's account and had also paid Dickson various amounts totalling £17 17s. There was about 30s now due to Dickson. ' Cross-examined by Mr Moresby, witness said he knew that in 1908 Dickson was put in charge ot the other workmen on the claim. Dickson took out samples from the claim. In October, 1908, wit--" ness wrote to Dickson telling "him to open up the mine to a certain extent. This was written by witness tor fiis brother, J. W. Thorp As a caretaker, Dickson was not to do any work unless , ' he liked. Dickson picked over the ore tor the purpose of sending away. Mathers had been paid ,£l9 us for work done on the claim. Re-examined by Mr Mueller, witness' said that the debts he first paid in connection with the claim were debts of his brother's. The Warden said that he intended to subpoena Mr J. W. Thorp to come to the Court and give evidence before he came to any decision on the matter. The Warden miormed Mackay that .. his claim went back for some year?, since which the ground had been surrendered and had been taken up again. . This claim was against an old partnership, and not against this partnership. Mr Mackay was instructed by the Warden to put in an amended claim, * which he said he would do. A. Mackay was' called by Mr Mueller to give evidence regarding shares in the claim sold to Mr P. Keller.'" He said ' he sold four shares to Mr Keller about 18 months or two years ago. : Mr Keller said his shares were not to „j carry any liability. " P'-. Mr Mueller said this non-liability wa£,-~£ only up to a certain stage. vt;c\ The Warden said that Mr Keller.': would have to settle the question of nil. •';'■ liability with the person trom whom M',-n' bought the shares. In reply to Mr Mueller, the Warde*,;' made an order tor the sale ot the claim., by public auction on Monday; s^,"'December, at 11 a.m., at the Courthouse - at Paeroa. '■" . / 4-/;. -,