WARDEN'S COURT.

Thames Star, Volume IIII, Issue 1708, 24 June 1874, Page 2

WARDEN'S COURT.

i THIS DAT.

(Before W. Feaseb, Esq., Wardea.) \.\

THE DKAINAGE CASH

IMPEBIAL C*OWK G.M.C. V CITY QFjilOXt-

iibos ;a,M.e;r A

Mr. vWhitaker with Mr. Macdpnaldifor complainants ; Mr. Dodd for defendants. Mr. Doddapplied/ for.an adjournment for One week. Mr. Hesketh, one of the counsel for- defendants, was unable' tol be present in cons«>quence of illness and pressing' business ;"MrV Tyler, another counsel, for defendants, was engaged in the Bdviaid^-Courfc, and- he (Mr. Dodd) had- only been instructed 'that morning. He, "of cdursaj was prepared to say that defendants would pay all coits cf the day. -; ■.; .--;■_/■:; . y;.f" \ His Worship wahted; to know what %bout the order—would they accept t^at "to be dated from to-day. " " | ; Mr. Whitaker opposed the adjournment altogether. It had beeir-bWn ladjourned last weeK by'consent in 6rder that both sides might get up their cases. He had now come down with witnesses,' facts, and i eTcrything prepared.- 'As to Mr. Hesketh, he -believed-his -learned friend Mr. .Dodd .wasi misinformed.^ Mr Hesketh, >.he- believed; hadi- been aske^d to accept a , retainer for the Bright. Smile and consented, but had not been retained in this case, nor had any other counsel as-far as he knew. The costs of the day would, be no, remuneration for, postponing this 'business further"; and having everything prepared, he thought the only course was to go on with.the case. T : i Mr.iDodd^ said ho didn't know any-' thing about the Bright Smile, but-as he wa«i instructed Mr Hesketh had been retained. ..-, . '... -.-.;_-- ( - : -. r ~£- ' ■• '' His Worship said he could'understand the matter, if the complainants had applied for an adjournment. He thougnti he could not grant an adjournment, j Mr Dodd said if His Worship wias determined to go on with the case he must retire from it, as he knew literally nothing of,,the business. .--- , - - . f-Mr Whitaker then opened the complainants' case. He said this was the first of the kind; at least there had been, another but it came to nothing. .The first thidg would be to show that the mines were drained, and then to apportion-the sum to be paid for such drainage. The complainants had expended a large sum of money in erecting pumping appliancesj and they believed that they ..drained a considerable area. He proposed to show what capital had been expended, the sum necessarily expended by the Pnmping Association annually in working expenses,

and then if it were shown that the «. drained this area it would be necessary* j to apportion the amount which should be 1 paid towards this expenditure. ■' His Worship asked whether ii would < not be better first to go into the question '( whether or not the defendants were 1' drained by complainants. The question >' of the cost of machinery and apportionment *" of the contributions could then be settled after the Court had been satisfied that the , defendant^were^drained. , Mr Whitaker'said he would conduct the case* in any way the Courir thought fit. He did not intend 'to'call" evidence "as to the Value of the' Puttfpifig AsKOtia-'tion-pl&nt and working expense? fittt.Mr Macddriald then put in the - cates of "incorporation, of; the companies forming.the Pumping-Association, mining licenses of 'the ualedonian^" Imperial Crown, Golden Or /wn lease; Citj "ondon license, and, original notice^rved " on defendants. ~ Mk" Macdonald -^hen called^ "-'' -

Warwick. Weston, v who,. on being sworn, said—l am a director of the City of London G.M.C. lam aware that defendants were served witli a copy of this J notice. . The directors offered to contribute if the Pumping Association would indemnify them against the bright Smile. The Association declined, and they refused to contribute. ' >; ."William Charles Wrighty'mraing surveyor, produced a plan shewing the posi- i tion pr.the Pumping Association shaft and the City of London^ lam acting surveyor to the United Pumping As'lociation: Prince Imperial,-Hand in Bind, Exchange, Crown Prince, City of London and Queen of the .May. $am acquainted with the Pumping Association shaft. The latter company began to get water when " they penetrated the rock at a depth of 40 feet. I cannot say at" what "depth the ', City of London got water. I ;j havel>een the City - of- London surveyor for 18 month-*. No' water, since I surveyed. " They have no pumps. The next mine to the Imperial Crown is thY Prince" Imperial. They have pumps, but hare not been! working them ftr some time. They had a good deal of water in the mine at one time, but it-went suddenly awaysupposed- to-; be- by- :the pumping of j Tookey's. • Since they waterwemVftway they (Prince Imperial)-harehad no water ;of 1 any moment. There i>~a "cross f^wae in the United Pumping Asssciatiofe shaft at a depth of 100. feet, and it ia also found >n the Crown Prince. *""'As the "cron course is found in the United Pumping Association. shaft, it would. allow; the -* water to penetrate and drain, the whole of the mines to a certain depth. The <brace of the shaft of the Queen: xrf Beauty, thtougli which the City of London works, is 13 ft higher than the sill pf the UVP.A. lam quite certain" 'United" Pumping Association have, drained the depots. (Mr. Macdonald here stated that the **' suits raised by the.Bright Smile Company against the Waio-karaka mines had been ]t by consent adjourned until Wednesday 1 next ) ; „--" The following witnesses were then ex- -<i amined :— Alexander Dewar; manager • Tookey's Company, ( T, B. Hick s, manager J City of London; Wm,! Errington, manager Pumping Association, Abel Eowe T mana- ■' ger Prince Imperial" mine.and George ;, Smith, miner for, some time in the Queen of Beauty," ' <- .■ J - James Ste^artjand^rr Thomas failed ' to appear when their naaiesjvere called. Alter "George Smith's evidence" the Court adjourned for an hour. Onresum* « ing • Jamesr Stewart and. Captain Goldsmith Were examined.' '■-' Mr.Whit'aker-said he did not intend ,■♦ calling any more'witnesses," as their te»ti- '** mony.would all be of the same chiracter. -'- The complainant's case had been proved : by evidence from the enemy's camp. It "- was evident that the crpss: course, which. ■ had been traced from the Pumping AssoJ ciation shaft to~ the basb of the hills, was a natural drain. - Tookeys had previously & drained the defendants' mine, and now it?"- i---was proved lliat Tookeys was drained.by v ! the United Pumping Association. * * His Worship-regretted that defendants '" were not- represented by counsel, .as he would have liked the matter to be. well ' argued. ' In the face of the evidence he had no alternative but to make can order from the present time. He would reserve "" the question of contribution -until - after s the .Bright Smile case against' the same ', defendants had been heard. - " The evidence as to the cost of the t Pumping Association works was then ' ! proceeded with. .Mr. -Tothill stated that up to" May 31st the' cost Tiad leen ' £62,600, and that s the actual cost of pumping per'week'was £205. (Left sitting.) ,