AN IMPORTANT JUDGMENT.
Auckland, October 9. Warden Kenny gave an important judgment to-day in connection with an application lodged by Mr Major Swindley for a colonial special claim and objected to by Mr W. Aitken, who holds a Crown grant over the block of which the special claim would form a part. The warden’s judgment is a decision on three material points affecting all freehold land—(l) The right of the Crown to all gold and silver found upon such land ; (2) That the Crown, if it wishes, enter upon all lands for the purposes of mining foxroyal metals; and (o) That a Grown grant does not necessarily extinguish these prerogatives. There is a fourth question involved—namely, whether the Crown in New Zealand has provided the requisite machinery for the purpose of exercising these rights. In case of Aitken’s freehold the warden holds it has done so, and that he, as warden, has power under the existing mining law to recommend, and the Government power to grant, mining licenses over these lands. With respect to other freeholds and leaseholds it does not follow as a matter of course that the decision 'would be the same, there being special circumstances governing each case. Appeal will be made to the Supreme Court.
Permanent link to this item
https://paperspast.natlib.govt.nz/newspapers/PATM18961012.2.7
Bibliographic details
Patea Mail, Volume IX, Issue 118, 12 October 1896, Page 2
Word Count
209AN IMPORTANT JUDGMENT. Patea Mail, Volume IX, Issue 118, 12 October 1896, Page 2
Using This Item
No known copyright (New Zealand)
To the best of the National Library of New Zealand’s knowledge, under New Zealand law, there is no copyright in this item in New Zealand.
You can copy this item, share it, and post it on a blog or website. It can be modified, remixed and built upon. It can be used commercially. If reproducing this item, it is helpful to include the source.
For further information please refer to the Copyright guide.
Log in