AN IMPORTANT DECISION.

Otago Witness, Issue 2286, 23 December 1897, Page 30

AN IMPORTANT DECISION.

At the District O^urt at Gieymouth on the loth inst , his Honor Judge Waul gave an important decision, which may affect a, number of righta held in the Grey district-. The case was an appeal from a decision by Warden Stratford, His Honor gave judgment as follows : — "In 1895 Walsh Bros, applied for a license for a water race, which was granted on 14th November of that year, the time allowed for construction being 18 months from that date. Not a stroke of work wa* done on the race ; they simply heM on to it on the chance of finding a purchaser. After the 18 mon*h^ bad expired a purchaser appeared, Mr Duncan, who bought conditionally on Walsh making a good title to the race. In order to procure thii title Duncan, by arrangement with Walsh, brought a suit against him in the Warden's Court, not for fo future or fine as usual, but specially requesting that a fine should be inflicted. By arrangement with Duncan, Walsh pleaded guilty, and thereupon Mr Warden SUatford imposed a small fine— £lo ; and now states that ho thereby gave to \V»lsh— or to Duncan as purchaser— a second period of 18 months m which to construct the purchased race. This suit /vas palpably instituted in ordet to legalise, with the assistance of the warden, the occupation of an area of Crown lands on the goldrield for puiely speculative purposes, one of the things which t>.e Mi' ing Act was ipecially intended to prevent. Counsel on both side 3 state that such suit i are common, and it is therefore as" well that their legal effect should be known. Eveiy such suit is a fraud, both on the Crown and the community of miners'; and every Fuch decision is a mere nullity, conf»riincc no right or title whatever. Now, Duncan's title is based on fraud, of which the law presumes him to be aware ; though if the warden "■ •« ignorant of it, knowledge on the point is hai Ijr t • be expec f ed from him. But lam bound to .>... itle in favour of the party who comes into court with' clean hands. The appeal will be allowed and forfeiture will be decreed with costs in this court and in the lower court."

The Morning Stai clam at Pieservation Inlet has up to dale paid £11,4(52 in dividends, and won gold of the value of £33,922. The Dunedin Stock. Exchange report th&t the result of the Big R,iver Extended Gold Mining Company's general clean-up for the mouth was 2(«ioz ftold from 270 tons.

The Secretary of the Goldea Terrace Dredging Company repotts that the third return for two days resulted in 18iz of amalgam being obtained, making a total of 27£oz gold for a week from one dieige.