WARDEN'S COURT, ROSS.

West Coast Times, Issue 912, 25 August 1868, Page 4

WARDEN'S COURT, ROSS.

(Before Mr Warden Aylmer.) Wednesday, August 19. Brown and Co v. Tregonning and Co. — Objection to registration of tail rae<\ Granted — Tvegonning to assist in keeping Brown and Co's race in repair. Thursday, August 20. Gordon, Manager of the Morning Star Gold Mining Company, v. Parris and C>. Piaintiff considers that since the time assessment of three pounds per week drainage money was adjudged, the water has evidently increased, and that the above assessment is insufficient. He therefore claims that a readjustment of the assessment be made. — H. A.- Gor-' don sworn said, I am Manager of the Morning Star Gold Mining Company. Some time since defendants were adjudged to pass £3 a week drainage to the Compau}^ I represent. At that time there was much less water than now from their drain. The amount paid by them is not sufficient to pay cost of pumping it ; there is a hole connecting our claim through which the water can be seen flowing ; three or four horses would not bale it. At time of former award there was no hole broken through into our claim ; there is double the water coming through now. — W. Armstrong, miner, sworn said, I recollect the award against defendants to pay drainage to plaintiffs. There is much more water coming in now ; it would require more than three horses to bale it in wet weather. There is still more, and I don't think it could at such time be baled by 3 horses from one shaft. The cost of working three horses, I should say, would be from £15 to £20 per week, for feed, wear and tear, and wages. lam certain the water comes from defendants'. 1 have looked at it often ; if it comes from other ground it comes through defendants'. — John Tammer gave similar evidence. He did not think defendants could work if Morning Star ceased pumping. There is a box head in wet weather, and less in fine. He did not believe it could be baled from one shaft. — Charles Dawes, William Monteiih, and Robert llossbury, gave similar testimony, — For the defence. — William Douglass handed in a protest ajjaiust readjudication, when sworn, he said — I am a miner, working in Purviss's claim. I saw the water at time of arbitration, and don't think there is near the quantity now. One horse would bale it, as he did before, with alternate buckets water and dirt. We were always able to work our ground. On one occasion had three horses baling for about four days, and lowered the water seventy feet, but at no other time have we had more than a second horse. We could not work if Morning Star stopped, as their water would back up on us and swamp us. Since the aw ard we have not baled any water. — George Purviss, sworn, said — I don't believe there is a third of the water now there was when award was given. When the arbitrators came down our shaft we were baling at an upper shaft. There was twelve feet solid ground between it and that the arbitrators went down, so that they could not see all the water. I believe one horse would easily bale our water now. I think there" is a third less water now than at time of arbitration. If Morning Star stopped we could drain our ground for L 6 10s a week if none of their water came in. Thomas Lee sworn, said — I was umpire in the arbitration ease alluded to, at which time I went down the claim ; also this morning the water seems about the same in quantity. At that time I could not get to defendants' upper shaft, where, I believe, they were baling. They would bale, at their rate now, at a cost of «£6 10s per week. — John Lucas sworn, said — There is not so much water now as at the time of arbitration, as the ground is drying. In one drive, which was not open at that time, there is water coming in vow. The water is the same either in wet or dry weather. — George Harper sworn, said — I do not think there is as much water now as at the time of the last arbitration. At that time we had two shafts, not connected with each other, and kept two horses baling and lifting dirt out of the upper shaft. After breaking through we ceased baling. I am not certain that two horses could bale our water now. — George Bailey sworn, said — I think there is less water now than before ; and think one horse, constantly at work, would keep it down, by alternate buckets of water and dirt. — N. A. Gordon, recalled, said the Morning Star engine worked to about 14 horse-powei-, and costs £60 per week. Steam was not cheaper here than horse-power, but it coulcf be used where horses could not. — The Warden said defendant had obtained an opinion from a lawyer that I have no right to re-open this case. If it were so, it would be obviously unjust, as circumsaances might so alter that what would be a fair award one week would be outrageous another. He hid no doubt about his right to re-adjust the matter, he therefore left it to the assessors to view the ground, and give their decision on their return. — The assessors awarded defendants to pay £4 10s per week, and half costs. Donovan and Co. v. Parnell and Co. — Defendants are running tailings into complainants' claim. — .£4O damages. — Judgment for defendants, plaintiffs to pay costs. This case was tried by asseseors.

How to Settle an Hotel Bjll. — An hotel-keepoi- at Lancaster, Pennsylvania, recently learned something in this wise : Two countrymen took lodgings at his place, and fared sumptuously, drinking three bottles of wine daily. The last day, and before they had settled their bill, a dispute arose about the speed of their horses. They at last settled upon a race, and appointed the landlord judge. When they were ready, the judge, like those of the Olympian games, gave the word — one, two, three, and "off 1 . Array they went, and have neither been seen nor heard of since.