A POINT IN MINING.

New Zealand Times, Volume XLIII, Issue 7222, 18 July 1884, Page 2

A POINT IN MINING.

(UNITED PEES 3 ASSOCIATION.) Gretmouth, July 17.

A very important mining judgment was delivered to day by Judge Uruad. Tho case arose out of a rule made by Warden Stratford, which imposed certain conditions on applicants for mining privileges. The conditions were set forth in the following form, to be obtained in the Warden’s Court, and marked “ form 57.” If (blank), applicant No. (blank) for (blank), is granted (blank), agree that the following conditions be imposed “ That the site shall not be held so as to interfere with any existing rights, nor at any lime prevent the working of any auriferous ground in its vioiuty ; that on either of above contingencies, or should gold, iu payable quantities, bo traced into the ground, it shall be given without compensation for atta or improvements; that head and tail races may be constructed through it ou tho above terms unless it can be shown that they can be carried clear of the arta on equally advantageous terms as to working the ground and cost.” His Honor considereithii opposed to the policy of the law, and was usurping powers reserved by the Act for the Governor. He said : If there is any necessity for imposing such a condition, there exists a valid reason for refusing the grant altogether. The warder exceeded his power in making such a rule." The judgment of the Warden’s Court was reversed, and judgment was entered for appellants, with costs of action.