THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. MONDAY, JANUARY 17, 1881.

Thames Star, Volume XII, Issue 3761, 17 January 1881, Page 2

THE Evening Star. PUBLISHED DAILY AT FOUR O'CLOCK P.M. Resurrexi. MONDAY, JANUARY 17, 1881.

The case of Scanlan r. Byrne, which eventuated this morning in the Warden's Court, is likely to contain an important issue. To give an example, suppose A pegs out a piece of ground and fails to work it, and in fact totally abandons it, and leaves for a new field, and B not knowing the piece to be pegged out enters on it and prospects on.it; and ..finds gold, and works it, can 0 peg out- the claim already pegged out by A and work it, by bo doing depriving B of the emoluments which would accrue through his having pegged out the ground ? It is generally supposed that if a man pegs out a portion of ground, and fails to work it within ten days, the ground he has pegged out ia to be consideied unoccupied ground. If this is the case, the ground pegged out by B legally belongs to him, and any prospects he may have are his alone'; but if the land pegged out by A is not considered as unoccupied ground after ten days' nonworking, then he (A) has a right to the ground, and B has no title to the ground. The settlement of the question will be anxiously looked forward to by miners, and the decision of the Warden on the matter will be an important one/"