IMPORTANT MINING JUDGMENT.

Dunstan Times, Issue 888, 25 April 1879, Page 3

IMPORTANT MINING JUDGMENT.

—o An important judgment has been delivered in the District Court, Westport, bv Judge Weston. Anthony Turner, appellant, held a residence area at Waimangaroa, under the Goldfields Act. In September, 1877, he took out a certificate of registration, which, in September, 1878, he brought to the Warden’s office for renewal, but was refused, on the ground that the land had been withdrawn from the Goldfield—said to have been a mistake on the Warden’s part, the Government having merely reserved a block of land from occupation. The Koran! Coal Mining Company, who were the respondents, wished to carry their incline across the man’s area. They first tried to force their their way through with axes, and Turner resisted, and was summoned by the aggressors for assault. That case was dismissed, as involving a question of title. Then the Company summoned him to the Warden’s Court to have his certificate cancelled, on the ground that he had no miner’s right. The Warden who had misled Turner decided in their favour. Turner appealed. Mr Fisher and Mr Guinness for appellant, and Mr Haselden for respondents. Judge Weston upheld the appellant, and commented in strong terms upon the action of the Warden in cancelling his certificate on any grounds whatever, when he himself had misled Turner and placed him in the position that his certificate was rendered liable to forfeiture. He ruled that the facta proved did not warrant forfeiture, and gave judgment for appellant’s costs. L 36 10s. In face of this decision Mr MTvay, Administrator of the Goldfields, has entered another action to oust Turner. This course is generally regarded as one of persecution, since Turner, it is said, did not de«ire to hinder the process of the work, and would have accepted L3O, hut no offer was made Turner’s deposition, appeal, and costs, were defrayed by public subscription. Morning Herald.