The Waihi Milage Case

Waihi Daily Telegraph, Volume IV, Issue 1059, 5 August 1904, Page 3

The Waihi Milage Case

Text of Judge's Decision

Yi:sraiMY wo gave a telegraphed outline, of tho decision of Judge Edwards in an application made by the Waihi Company to havo the drainago caso heard by tho Supreme Court instead of by tho Distric' Court, We now give the full text of tho decision.

His Honor, ul.cr summarising the causes leafing up lo the -Application, said that apart from authority it appeared to him clear that an action brought us this one has been could not k removed into tho Supremo Conn, under the llOth section of the District Courts Act, 1858 The jurisdiction given lo District Courts under that Act is a jurisdiction concurrent with the jurisdiction ol the fiuprsmo Court in respect of the mailers therein specilied. Upon the rennvnl ol such an action there can hi no doubt about the jurisdiction of tho Supreme Court to try it, in this pro;ceding it was sought to make use of tho provisions of section lit) of the District Courts Act, 185S, to remove intotho Supreme Court an action which the District Court hits no jurisdiction under that Ac! to try. The jurisdiction which the Dislr.ct Court posseses in the mailer is given only by tho Act of 18118, by the provisions of which the jurisdiction of the Supreme (.'our! is cxprivly taken away. It i* therefore imptgsible tluttlho Supvao Court can order such an action to he removed for trial. The plaintiff company cannot give the Supremo Court jurisdiction to try such an action liy going through the form of issuing a summons in the District Court, and forthwith moving to remove the aulioii lo the Supreme Court. If section llfi of the IH-'iS Act can be used for the purpose, an action commenced in ihe District Court under the Mining Act of 181)8 could be removed into the Supreme Court lor thai, whereas ilie sumo action, if commenced in ibc Warden's Court cou'd not be so removed This certainly was not the intention of the Legislature, ft is e'ear in tho .liHge's opinion that section lit, ul tho l.S.'i.S Ael applies only to jiirisdioiion by tlm Act, and any 1 amending Act given lo j>ho District Court (loiiinirrc-iitl.v \vi:h ilm jmi-nlietiou | olluo Supreme Court ami that it dues i mil apply to i'mc exclusive jurisdiction given by ihi> Mining Act JtW- Ho U therefore, unable to make tho ordor asked for. He rojji'oiii ilmtlliis is so, because both pail if.-, de ire that the order shall In made, mill hee-msc ilie luct that tho case cannot in ihe lirst inalmice be tried in tho

Stipromo Court must involve tho ;;roat and utterly useless cost of a trial in tliu District Courtjwithout in any ropect filtering tlio tribunal by which the caso will ultiuidtoly have lo bo do»lt with, or ovon tho shape in which it will bo presented to tho ultimate Court of Appeal, which, in a caso arising upon a new statute and involvingso largo nil amount, will probably bo the iTud'cinl Committoo of the Privy Council. This is the rciult ofsection 291, subsection 5 of tho Act of 1898, which provides that from every decision of tho District Court an appeal shall bo to tho Supremo Court in tho sanio mannor as in the caso of appeals from tho decision of the Wardon's Court, and of sec* lions 282-2(10 of tho samo Act, which Rivo a /ight of appeal upon law or fact both and provide (section 285) that if tho appoal is on fact nlono, or both fact and law, it shall bo by way of a re* hoariug of tho original proceedings in like manner as in proceedings cour monced in tho Appeal Court. From tbr decision of the Supremo Court a furthel right of appeal to tho Court of Appea is given by sootion 290, subsection 5. and from that Court an appeal may in due course bo taken to tho Privy Council, When thr matter comes before the Supremo Court, therefore, it will have lo be dealt with us though it were an original action, and tho Court will derive no assistance from tho labour and oxperionco of tho judgo of tho District Court, When tho matter passes to a higher tribunal from the Supremo Court, iho pro-» feedings before the Supreme Court alouo will form tlio material for the appeal, "Tho proceedings in the District Court can therefore," says His Honor, " huvo no result but to involve tho panics in a great and useless oxponso, Tho law, however, requires those proceedings to go on, and l am unable to intorfero with them,"

BRIEF, BUT POSITIVE 1,1 U ALEXANDER MILLER, tho ItJl well-known builder, of lto,lyn, is not lavish with words, 110 says whit he has to say brielly and to the point, Writing under date lOih May, Mr Miller says -" 1 suffered from rheumatism in my heel for two months, and was cured by llhoumo in two ot llireo days. I can recommend it to any one suflbring from tho samo corns plaint," It is a volumo in a nutsholl. Two months' agony cured in two days I " L can recommend it," says Mr Miller, You can bcliovo him, Rheunio is sold by all chemists and storokcopers at 2s (id and 4s Gil per bottle, 4 Kemptlioriio, Prosscr and Co., Wholesale Agents,

WAIHI SCHOOL OF MINEP.Tenders will be receivod by tho Secretary of tho School of Mines till Thursday, August lllh, for tho erection of an Engine ami Dynamo room at tho School. Specifications may bo seen at the School, Tho lowest or any tendor not nocessarily accepted,

r PO CARPENTERS.-Tenders invilcd .1 for Building 4-rooiueil Ilouao nl W'iiikino, near butler/. Plans nnd specie ileal ion citn bo seen at Meyer's Waihi Hotel, or nt Wiiikino ollicc, ate Au»rst Ist. Lowest or any louder not necessarily nceeptod, Tenders received up to August 'itli, inchisivo.

U0& IMMEDIATE SALE (owner I leaving Waihi),— A Coiufortiible Homo of llireo largo rooms, i- acre section, nil in grass, liodgos, garden, etc., good well, orion range. On Boundary Road, close lo Wa'hi Extcndod.-Apply John Lewis, Boundary Koad.