THE APPEAL COURT.

Otago Daily Times, Issue 11924, 24 December 1900, Page 5

THE APPEAL COURT.

(Per United Pbkss Assoctatiox.)

WELLINGTON. December 22.

In (he Appeal Court judgment was delivered in the case Mueller v. the Taupiri Coal Mining Company. In this case Gerhard Mueller, Commissioner of Crown Lands, Auckland, sought for an injunction to prevent the Tauuiri Coal Mining Company from mining under the Waikato River. The river is a quarter of a mile wide at the point whore mining operations are taking place, and the question arose as to whether {.'rants of land on both sides, showing the river as the boundary, were grants to the edge of the river or'to its centre. The river is navigable at.that point, but not tirhl. The court held that the Crown in making the grant, did not intend to part with the bed of the river, and that the injunction should be granted, with costs on the highest scale. This view was held by their Honours Justices Kdwards. AVilHums. Cnno'ily, and Martin. His Honor the Chief Justice dissented, holding that it, would require an express intention in the grant to limit the title in the rd<;e of the river. A majority of the court "was. therefore, in favour of (lie apyi'.ication by the commissioner, and Mr Bell, for de-' fendants, applied that the question of an inivmction should be referred to the court below. He bad no doubt Unit the company would appeal to the. Privy Council, as the whole of its woife wprc under the bed of the river. Mr Dalziell, for plaintiff, said he had no objection to the judgment beina withheld until February 1. and this was agreed to by the court. (Leave was given to appeal to the Privy Ommcil.

The Anneal Court rVVvnvcd 1 heir postponed judgment to-day in the case of Gibson v. Tvree. The question was as to sharing the profits of a transaction entered into by Gibson during the tenure of the partnership. The npne.il was ' allowed, with costs on the highest scale. The cross appeal whs dismissed.

The court then sidinnvnod to February 1, when judgment will be delivered in the cases of Slowev v. Lodder. Brown v. Brown, and Moore v. the Public Trustee.