An Important Gold Field Case

Marlborough Daily Times, Volume X, Issue 246, 23 December 1887, Page 2

An Important Gold Field Case

(Per Tress Association.) Auckland, Doc 22. At tho Supreme Court the case of Thos. Snell v. R. M‘Brinn came on for hearing. This was an appeal against a recent decision given by the Warden of the Thames in reference to permit of other ground being pegged off at the now Hikutai goldfields until ho had decided the claim of M'Briim; who was the original prospector. Mr Button, who appeared for the appellant, saida very important principle affecting the whole of tho goldfields was involved, The real question was one haviug reference to right of parties tal- 'ng up a larger area of ground than they were entitled to, and thus preventing others from occupying tho surplus ground. He contended that if the principle laid down ”i the Warden’s decision vvero extended, it would moan that new goldfields might bo entirely shut up unt : ' tho original selector gained time for b's friends to come and' take up claims to tho exclusion of other already on the'ground. M'Bimi had marked off at Hikutai what ho guessed to bo about 30 acres, but which proved to bo G 1 acres. SnoU asked M‘Br : nn to peg off where he pleased so that he plight take some of tho se-plus ground, but op Snell applying for a'license the Warden had given flip decision now appealed against. As M'Brinn was not interested in the appeal ho was not represented, and Mis Honor Mr Justice Gi!’ : os, therefore, whilst granting the appeal, would not ru’e that tho Warden’s decision was wrong as he (Judge Gillies) had not had an opportunity of hearing the other side of the case. ’