MINING COMPANY CASE

Evening Star, Issue 22032, 18 May 1935, Page 14

MINING COMPANY CASE

APPEAL ALLOWED WARDEN’S JUDGMENT UPSET (Per United Press Association.] WELLINGTON, May 18. Judgment in the case of the Blackwater Mines.. Ltd. v. Francis William Foster (Conservator of Forests) was given by the Court of Appeal, which was unanimous that the timber in question had been properly and lawfully taken by the appellant company, and that the judgment of the warden,given in the couft below was erroneous. The appeal was accordingly allowed; with costs, in-favour of the company. [ln January, 1934, the company removed 6,917 ft of timber from a section unalienated from the Crown lands adjoining 'its sawmilling area for use in mining purposes by the company on its special quartz claim. The timber was seized 'by ' the Conservator of Fofests, ' and' the' company applied to the Magistrate’s Court, Reefton, for determination of' the question of ownership' of the timber. The company contended ’ that, as it was the holder of a miner’s right and privileges, it had the right to'take timber for mining purposes from unalienated* land in the State Forest Reserve without obtaining a license under the Forests Act, 1921, and its amendments. The.magistrate gave judgment that the company had not this right, and that the timber belonged-to the Crown. From this decision the appeal was made.]