WARDEN'S COURT.

Tuapeka Times, Volume III, Issue 199, 23 November 1871, Page 5

WARDEN'S COURT.

(Before W. L. Simpson, Esq., Warden.)

Wednesday, Bth Nov.

Smith v. Pym. & Others. — This was a case where the plaintiff sought protection against certain men for prospecting on ground applied for by him, and duly marked aid applied for as a lease.

In this case the point was raised by Mr. M'Ooy, and argued at considerable length by him, and Mr. Taylor against, whether an applicant for a lease must have lolged his applipation before he cau sue for damages, under 108 th section, committed between times of marking out ground and applying. Mr. M'Coy contended applicant could not sue.

Mr. Taylor argued that under Act and Regulations, though application must be lodged before suing, it was retrospective in its effect when lodged, and an action for damages could be maintained. The learned counsel laid considerable stress on the word "hereafter" in the 108 th section, and to what it applied.

The Warden considered the point a very important one, and reserved judgment. On the adjournment, after considering the case, the Warden came to the conclusion that the defendant had not encroached, as a miners' right qualified a man to go anywhere on the goJdfields, and until an act or application were complied with, he thought it was no trespass. 'He, however, reserved the point as to the necessity for lodging application first if plaintiff appealed. Verdict for defendants.