A MINING APPEAL.

Auckland Star, Volume XXX, Issue 29, 4 February 1899, Page 5

A MINING APPEAL.

THE THAMES-HAURAKI PRO-

PERTY

AN IMPORTANT DECISION,

At the Supreme Court in Banco this morning', His Honor Mr Justice Cbnolly delivered judgment in the appeal ease John and Sarah Eead v. the Thames-Hauraki Goldfields, Limited. This was an appeal from the decision of Mr Warden Bush, given in the Thames Warden's Court, when the complainants were John and Sarah Eead.. who applied for cancellation of the Deep Levels Consolidated license, which property is incorporated in the Thames-Hauraki Co. The Warden had given judgment for the defendant Company. The complainants appealed against this decision. and were represented by Mr Theo. Cooper, instruced by Mr Clenddn. Mr Hugh Campbell appeared for the respondent company. His Honor in giving judgment this morning held that thelicense so far ar, it affected private land was void, that there had beep a misrepresentation by the original applicant —Baker —to the Warden's Court in failing to disclose that the license affected private property, and by representing it to be Crown Land; and that Head had no notice of the application. He further held that the Thames-Hanraki Co. were not protected by section 3GB of the Mining Act, and'that the. appellants had taken the proper course in bringing a suit in the Warden's Court: that the Warden ought not to have dismissed the suit, but should have granted the appellants the relief claimed. The court therefore allowed the appeal and ordered the license to be set aside so for as it related to Tteaclfs land. The Thames-Hauraki Co. were ordered to pay £7 7s and witnesses* e\-ppnses and court fees as costs in the Warden's Court and £20. all witnesses' expenses, posts of commissions and court fees for the costs of the nnpeal. such costs to be taxed by the Registrar.