WARDEN'S COURT.

Thames Star, Issue 1785, 22 September 1874, Page 3

WARDEN'S COURT.

THIS DAY. (Before W.Fbaser, Esq., Warden.} JOHN COBWKS V. WAIOTAHI G.M.CO. This was an action to recover damages for encroachment. . Oh the application of counsel the ca(#j^as adjourned to Wednesday, 30th. / THE DRAINAGE CASES. Ths case Imperial Crown v. the Imperial City G.M.Co. was brought on this morning for the decision of the arbitrators to whom the question of assessment had been referred. Mr. Macdonald said, the arbitrators had hot completed their labors. . Mr. Rogan also said he had heard no word about it. In accordance with .a suggestion from Mr. Macdonald, the case was allowed to stand down on the list. IMPEEIAL G.M.CO. AND OTHEBS V. OTAGO G.M.CO. The question in this case was the amount of contribution. Mr, Macdonald enumerated the points admitted by the other side. The points of objection were the incorporation of the Tookey Company, and that there was no evidence thattho •ompany was empowered by the,charter or incorporation to engage in the pumping speculation. Mr. Macdonald said he should call evidence to prove the incorporation. The Court sSiid Mr. Bogan had based his objections on the evidence as read, and considered no further evidence would be called. .

Mr. Macdonald said he had furthar •vidence and should call it, when Mr. Eogan could raise other objections. J3. E. Bichards deposed—That ho was manager of Caledonian G-.M.C, and acting manager of the Otago Company. The Otago worked by means of the Caledonian shaft, at a depth of 270 feet down the Caledonian shaft. That would be about 200 below the sill ©f the Pumping Association's. The Otago had no expenses of drainage. To erect machinery on the Otago mine the cost would depend on the amount of water to be drained. The Otago could not drain their mine under £5000 a year, to say nothing of firstoutlay. Supposing the Pumping Association had not been at work, the Otago would hay» been compelled to pump to sink to the present depth. By Mr. Bogan—l am not aware that the Otago got down a greater distance than other mines almost free from water. I remember that the Otago was sinking dry until the Golden Calf was sinking. The Golden Calf has now broken into the Otago. Mr. MacdonsM re-examined the witness, who deposed that the Otago mine could, not have sunk to the present level but for the Association.

Alexander Dewar deposed that lie was mine manager of the Tookey Quartzmining Company (Limited), which had been carrying on business for over five years. He Jaad been connected -with the Company all that time, and had taken out miners' rights and leaseholders' rights on their behalf. He had been employed by the company in Victoria. (Mr. Macdonald here tendered the certificates of incorporation which had been put in daring Mr. Tyler's evidence on a previous hearing.) Produced the Gazette proclaiming the company. The Tookey was an incorporated company—that under the Companies Statute, 1864. By Mr. Rogan—l know that the company is incorporated because I have seen all the documents necessary. I did not purchase the present Gazette. I have seen the registrar's seal attached to theoriginal deed of incorporation. At Sandhurst and Cluries rates were leviable by law; drainage contribution. I never heard of drainage being levied according to depth alonV; it was most calculated by the length of reefs. - Mr. Macdonald re-examined the witness to show that the depth was of consideration in judging of benefit. Wi Weston deposed—That he was acquainted with the way in which the Association arrived at the scheme. The ; cost of working was ten to twelve thousand pounds, without considering the erection of machinery. All that was 1 asked, for contribution was £6,900,.and in two cases the plaintiffs had been defeated. Thepump was pumping at the rate of £2 fjtffifoot for defendants. By^Hr. Rogan—Mr. Whitaker and myself made up the scheme; heard what every one had to say and decided upon our own responsibility. This was the case. Mr. Rogan said he would call no witnesses. ,__.__ Mr. Tyler said he supposed His Worship was determined upon the points of objection. (His Worship : Yes ) And the only question therefore was the extent to which the defendant* were benefitted, and the amount of contribution. He thought the Act pointed to two conclusions—either that the mines on the area of ground drained ihould contribute to reimburse the owner of »uch jmachine for the outlay; or that the mines should con* tribute to such an extent as they were benefitted. He then proceeded to show the Court grounds for granting the amount of award claimed, namely, £360;

find in support of his argument quoted the evidence of Captain Richards to show that the amount claimed was actually less than it would cost to keep tho Otago mine dry. The Court adjourned for an hour at the conclusion of Mr. Tyler's address. On resuming Mr. Rogan replied at some length. He said the scheme was a quesiion of ruin to all small mines—it was unfair to tax a small area of ground to as great an extent as a large area of gronnd. The consideration was, how much expense had the existence of the Otago mine entailed upon the Pumping Association. He contended that the rate sheuld. be arriyed at by the area of ground, each mine to pay a quota for the extent of ground held. The scheme waa utterly at variance with any scheme'that had been promulgated on any other field ; and the promoters, Messrs Whitaker and Weston, had adopted it in diametrical opposition to all scientific men. ; His Worship said he did not altogether approve of the scheme—he was of opinion that taking the' depth and area would have been a better way ; but he felt no doubt that the defendants, were benefitted by the claimants to the amount for which they had been assessed, and he would therefore make an order that they pay a contribution of £30 a month, for six months, and costs, £13 17s. THE ARBITBATIOtf. With regard to the arbitration in the case of the Imperial City no arrangement had been come to • Mr. Rogan said the question of difference was the costs. 'Mr. Macdonald argued that the costs of the witnesses should be allowed for all the time they had been in attendance. His Worship said it was monstrous to suppose that a man should be paid for hanging about the Court after his evidence had been given—besides such a claim had never been made before, and it was absurd to attempt to form a new basis upon which to give costs. He never heard of such a thing before. Mr. Hogan asked whether the witnesses who had been brought by the plaintiffs were necessary—they, had fetched into Court every man who could be found* to have dug holes on the flat. His Worship said some of the witnesses had been useless, and he wondered what they were brought into Court for. With regard to costs, he must wait until the settlement of the arbitration, as it might occur that he would not allow costs at all. He should take into consideration all the surrounding circumstances. Mr. Tyler remarked on what Mr. Rogan had said regarding the immaterial evidence of certain witnesses. He contended that the fact of the witnesses having been cross-examined was sufficient proof that counsel at that time considered the evidence important.