High Court Wellington
14, 15 June; 15 August 1932
Adams J
14, 15 June; 15 August 1932
Adams J
Mining — Gold-mining — Forfeiture of Claim — Rights of Former Registered Holder — Statutory Power to remove certain Improvements — Right of Holder to remove Chattels — Assignment by Former Holder — Permission to Assignee to remove Gold-bearing Material deposited on Claim — Prospecting License in respect of same Land — Application for Special Quartz Claim — License granted and Application made before Assignment — Claim for Damages against Assignee for Wrongful Removal of Auriferous Substance and Fixtures — Auriferous Material deposited for Future Treatment — Material Valuable — No Intention to abandon — Identity as Chattel not lost — Licensee under Prospecting License not entitled to Occupation or Possession of Land in License — Implicit Right to Gold found while Prospecting — Not extended to Chattels Property of Another — Application for Special Quartz Claim — Mining Privilege — Rights of Applicant — No Right to Possession — No Right to Gold "found" until Application granted — Action for Damages Premature — Mining Act, 1926, ss 4, 71, 169 (g) and (h), 226.
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