FORFEITURE OF A WATER If ACE

Dominion, Volume 12, Issue 174, 17 April 1919, Page 2

FORFEITURE OF A WATER If ACE

CASE IX THE APPEAL COURT. Tho West Const mining case, in which «llham John M'llroy was the appellant and John flyberj? the respaiiddiiv, « again before the Appeal"- Court .yesterday. On tile bench were Hid Honour the Chief Justice (Sir Kobert Stout), Mr. Justico Edwards, Air. Justice Chapman and Mr..Justice Hosking. Sir John I'iiidlay, K.C., with him Mr. J. A. Murdoch, of Hokitika, appeared for the appellant, and Mr. J: W. ilaimau, of Sreymolith, with him MiY H. F. O'Leary, for die respondent. ' The facts of the case were that John Jfybcrg sued William M'llroy, of Greymouth, in the Warden's Court, to have a. water race , at Ahouhi declared forfeited on the ground that the α-ace had been entirely -unused for its proper purpose. Tho 6uit was dismissed with costs against Nyberg. The latter appealed to the Supreme Court, and Mr. Justice Sim reversed the decision of the Warden, , and made ft , decree of forfeiture with costs.

The Appeal Court was asked to reverse the whole of the judgment of the Supreme Court on the grounds that tho judgment wns crtoneoue iji fact and in law. , . .'' ' ■'■ '■

The race, which wns for lo"n heads of water J'rom Gnqvjfr's Creek foi , alluvial mining,- w.is built in 1872. In 1913 it whs leased on tribute for five years to Taylor and parly, of which Ny.beifl, it was alleged, was a menibor. The hearing- of nrjjunlbnt occupied the wholft day, and_ at the dpso the Court reserved its decision.