WARDEN'S COURT.

Thames Star, Volume VI, Issue 1773, 8 September 1874, Page 2

WARDEN'S COURT.

THIS DAY. (Before "W. Fjuser, Esq., Warden.} DBAINAGK CABE.

_ These cases which have been continually adjourned, wero brought oa again this morning. The first case called was. " ;

THE IMFEBIAL CBOWN AND OTHBBS VEBSTJS IMPEBIAL CITY. G. M. C. , Messrs Tyler and Macdonald appeared on behalf of the plaintiffs ; Messrs Hesketh, Brassey and Rogan for the defendants.

Mr. Hesketh objected that there was no authority filed in the Court for instituting the present proceedings. Mr. Macdonald quoted a case Regina v. Cole, to show that he represented as Counsel the corporate body in the case. . Mr. Hesketh did not raise objection to his learned friend's appearing as counsel, but contended that the plaintiffs were a fictitious body, and the authority must appear in Court. His Worship asked whether there had been any alterations in the law since the Court had given a decision on the question, as the Court had over and over again decided that authority under the company's seal must be put in. Mr. Tyler quoted some further authorities in support, of his friend's argument, and a deal of discussion ensued on forensic technicalities.

His Worship said he would take a note of til* objection, which he considered rather a serious one; and the case was proceeded with. Mr. Macdonald put in the certificates of registration of the Golden Crown, Caledonian, and Imperial Crown companies. He also tendered the miner's rights issued to the Golden Crown G.M.Co., the Imperial Crown G.M.Co. (Limited), Tookey Quartz Mining Co. (Limited). The serrice of notice claiming contributions was admitted. .

Henry Goldsmith, sworn, deposed— That he was Inspector of Mines for the Thames District. He knew the Gazette, 6th of January, 1872, proclaiming the Hauraki Goldmining District, and he knew the boundaries proclaimed by that; as also 1 the boundaries altered by the Gazette of sth September, 1872. He knew the position of the Pumping Association. He knew the mine of the Imperial City. Those several properties were within the district mentioned. The Imperial City Company's mine was (witness presumed) worked by the company. Cross-examined by Mr. Hesketh—The Big Pump was on the Imperial Crown mine. He had been down the Imperial City mine eleven months ago, October 17th, 1873. He went down to the bottom, the depth being about 240 feet. He went in some of the levels—in one direction 25, and 4^ in the other. There was a small well-in the bottom. The.mine was tolerably dry. He thought there was a little water in the well. The nature of the ground in the levels was good for driving: he should say it was rather soft in both levels. He had seen no reef—but was not sure that there was not one. He did not remember a bar on the south side of the shaft. The pumping operations were actually over the Imperial Crown mine.

John Salmon, mining agent, deposed— That he was secretary to the. company who defended the action. The mine had bten worked by the company since 1871:. The depth of the shaft was about 236, actual measurement. The company had no pump: they did not require, one as the mine was dry. They puddled the mine; and believed that it was by reason of that, that the mine was free from water. The Duke of Magenta Company had carried on puddling before the present Company held it. The puddling was perhaps carried down about 30 feet. The manner in which he accounted for the puddling so short a distance carrying away the water was that it was all surface water, as the mine was so close to the creek, that they had more than once expected the mine to be flooded. He believed that were they to take out the puddling the water, from the creek would come into the mine. He believed most of the water came from the creek. He had been a shareholder in the Duke of Magenta Company. He had frequently gone down the mine. Water had been in the mine when witness became a shareholder, but the puddling had the effect of gradually decreasing its body. The winze in the Duke of Magenta mine had been sunk late in 1869 or early in 1870. Witness did not know that it had been contemplated to stop working after the puddling was completed. They certainly had knocked off work; subsequently, but for want of funds. Thought the mine had been at that time held under a lease. The resumption of w,ork was commenced before the, claim was sold. Thomas Millett, a miner, deposed— That he had been mining on the field since it was opened; and had more or less a knowledge.of the mines on the flat. He had been working in the Little Poverty. There had been water in the mine; and when they had sunk about 20ft. it was more than they could do to keep the mine dry while bailing with two buckets. Subsequently a pump had to be erected, when they kept the "water down for some time, but at 60ft. t when driving was commenced, they were swamped out. Witness had been one ot the original shareholders of the Shannon mine, the position of which was about 20ft. from the Golden Gate shaft. They could not sink further in this mine for the obstruction offered by the water. Witness with others, then drove another shaft on the other side of the creek, when the water was worse, as they were swamped out at 16ft. l The Golden Gate Company—near to witness' minewere working: hauling up water and mullock. That company eventually had to erect pumping machinery; and kept on after witness, had left off.

By Mr. Hesketh—He could not

give any dates as to the sinking of these shafts. The distance between the first shaft sunk in the Shannon and the Duke of Magenta shaft might be about 430 feet. The first shaft was about 2 or 3 feet from the creek, and the second 1 one about 20 feet. The nature of the ground was blue clay after n distanco of about 15 feet. In none of the shafts had they tried puddling; but believed that it would have been of no use until they reached solid ground. Witness believed they had puddled in one of the shafts— the Little Poverty; they paddled down to tho solid ground. The further they went down until they struck the reef the more water the mine made.

Mathew Kitt deposed—That ho had been; mining on the field ever since it had opened, and had been one of the* Shannon shareholders. (This witness' evidence with regard to the working of the diffierent shafts was corroborative of that given by the previous witness. He also stated that the Golden Gate Company were continually pulling up water, and ultimately erected a pump.) He had been working in the Crown Prince mine about two years ago; he had been working in the drive. A winze had also been sunk, but at about Bft. the gas became so bad that the work was discontinued. The mine was dry at the time. The Crown Prince mine was about 50ft. from the/corner of Albert-street. Knew a man named John Lundon; he sunk a shaft near the Crown Prince. The Golden Crown was working at the time witness was working in Lundon's* shaft. That was about five years ago. Neither the Golden Crown nor the Crown Prince pumps were erected then. They had to bail continuously in Lundon's shaft to keep the water under. After a time they knocked off sinking, because the water was too strong. They got down about 50 feet. Wh«n sinking was discontinued they opened out at about 12 feet up. They had to keep bailing continuously. Witness left Lundoa a short time after, and couldn't say what became of the mine. Tke Court adjourned for an hour.

On resuming further evidence was taken, and counsel was addressing the Court when we went to press.