IMPORTANT MINING CASE.

Tuapeka Times, Volume II, Issue 61, 10 April 1869, Page 3

IMPORTANT MINING CASE.

.(Before W. L. Simpson, Esq. r , Warden.) APMi7,iB69. '*" Cfjsat Rinded Co. (Registered) „y, White and Co. and the Perseverance $} r /applicants). — This was an v objection lodged with the' Warden by th/jf Great, Extended Co. (registered) against' tine application of White and. Co. and the Perseverance Co. respectively to construct water rapes over, the leasehold property of the Great Extended Co. (registered j. Mr. Mcuat appeared for the. objectors, Mr. 'White appeared for his own party, yand Mr. Keen for the Perseverance Co. $V&ite and party's wplioation ,was first dealt with, and Sir. White admitted that the application was for a water-race within the-boundariei of the Great Extended XTo.'ii ground. The lease was produced, and it was contended that the application if granted would be altogether inconsistjent "with the ri^hta granted' tb' the objectors' by 'their lease, and would tend to 'disable them from' fulfilling the feovensnts entered into on' their part, at they might expend many thousands of pounds in °MOKMf up ground, and might have a waMrosl^oonstructed at any time, which would prove an effectual bar to further opera'tioftft. 'The deed described the "boundaries of the land, ending .with the wprdft" intersected' from North to South By a road for winch aUb^iance is made in $% acreage. That the words quoted did £pt amount to a reservation in favour of

the applicants, it could not be said to be ..a. reservation .even for a road,, as. there were no words of reservation in the 'deed referring to it. '< The lessees : undoubtedly | were subject to the conditions and restrictions mentioned in the deed ; but those were expressly and consistently! defined, by the words of the deed itself. It referred to the Goldfields Act, 1862,, and the regulations made thereunder, the i Governor's proclamation of the sth of August, 1865, and concludes with a reservation in favor of water rights and easements heretofore granted, or here-, after to be granted by any Act or Regulation on that behalf. The first mentioned reservation expressly provided that when water races were granted over Gold Mining Leases, compensation should T»e awardetrto the lessees; -and* to make the deed intelligible, and give effect to every part of it, the last proviso must be read as referring to the. provisions of the Act 1866, relative to the construction of races over private lands, by which also compensation was provided, or in some similar sense. That a different construction -would make it entirely at variance with the former provisions of the deed, and consequently void (Parkhurst v. Smith. Wells 332 ; Solly v. Fortress, 4 ; Moore, 463; Egstqnv. Studd, Plowd. 465). The Waftten expressed a doubt as to whether land held under a mining lease were private lands within the meaning of the act of 1866 ; but said that he would take time to consider the case before giving judgment. It was admitted by both applicants, that a considerable quantity of the Extended Company's ground had slipped away, owing to the applicants workings. The Perseverance Company's application was dismissed, in consequence of their having neglected to serve the proper notices.