APPEAL COURT

Dominion, Volume 10, Issue 3123, 29 June 1917, Page 8

APPEAL COURT

A MINING CASE

RIVALS FOR SCOTIA CLAIM

The Court of Appeal had before it yesterday a ( mining case from tho West Coast. On tho Drench were their Honours the Chief Justice (Sir Itobert Stout), Mr. Justice Edwards, Jlr. Justico Cooper, and Mr. Justico Stringer. Tho case was ono in which Georgo James Willis, of Eeofton, miner, was tho appellant, and Joseph Gardner, also of Eeoftou, miner, tho respondent. Hr. H. P. Lawry, of Ecefton, and Mr. IT. Hannan, of Greymouth,- appeared for tho appellant, and Mr. A. 17. Blair, of Wellington, nud Mr. J. Patterson, of Eeofton, for respondent.

The facts woro that the appellant applied to tho Warden at Reefton for a special quartz claim of over 82 acres at Merrijigs, known as the Scotio, claim. Tho application was not completed within sis months./ aa required- by the Mining Act, and consequently an application was niado to tuc Warden to recommend tho Minister to further extend tho tinio, on the ground of special circumstances relating to non-tkf.osit of plans of tho property. In 1911 tho Scotia claim had belonged to tho respondent, who had had it • surveyed, but had lost his rightß through failure to deposit plans in time. The respondent now objected to tho appellant's application for extension of timo, and his objection was upheld by tho Wjrden, who held that there wero no special circumstances entitling appellant to an extension of time. The question of whether there wero epocial circumstances was referred to tho Supremo Court, which decided that there were no special circumstances. The opinion o! tho Supremo Court was then filed in the Warden's Court, and tho Warden in pursuance of that decision, dismissed appellant's application. On this dismissal an appeal ttob made to the Supreme Court, end ITr. Justice Sim dismissed the appeal. Against this _latter decision of tho Supremo Court Willis'now appealed to the Appeal Court. Thc.caso had not concluded when tho Court rose yes'terday.