A MINING CASE. Auckland, February 3.

Otago Witness, Issue 2241, 11 February 1897, Page 18

A MINING CASE. Auckland, February 3.

The hearing of the appeal from the warden's decision in the case of Aitken v. Swindley was concluded to-day in the Supreme Court before Mr Ju»tice Conolly. Mr Cooper appeared for the appellant, Mr Aitken, and Mr Jackson Palmer for the respondent, Major Swindley. On the court adjourning yesterday there only remained Mr Palmer's reply to conclude the legal

argument in connection with the appeal. At the close of Mr Palmer's reply to-doy his Honor remarked that this waß a case in which it was better to give_ a written judgment and he would take t-ome time to consider. There had been very few cases cited, but a good many statutes had been referred to. It would be some time | before he could give his decision, as he expected to be fully occupied for a considerable time to come with other work. From remarks by counsel it appeared that if the appeal should be dismissed the intention was to move lor "a prohibition before the Court of Appeal restraining the garden from proceeding to deal with the application. If the appeal should be uphold the only course which the respondent can take is to go to the Privy Council Air Palmer said that would be a. very costly proceeding. It was agreed by consent that the matter of a prohibition fahould stand over until the decision was given.