RIGHT TO MINERALS.

Auckland Star, Volume XLIV, Issue 58, 8 March 1913, Page 5

RIGHT TO MINERALS.

THE SOUTHLAND CASE. DECISION FAVOURS THE CROWN. (By Telegraph.—Press Association.) INVERCARGILL, this day. Mr. Justice Williams gave judgment to-day in the case of Brighton v. the Minister for Lands. His Honor said the lease was granted under Sec. 121 of the 1892 Act, and must be construed in conformity with the terms of that section. It was, therefore, a lease of the surface only. The lessee had no right to any minerals, and they were expressly excepted from demise. The right of purchase given to the lessee was the fee-simple of the land comprised in the lease, and the price to be paid was based upon the capital value upon which the rent was assessed; that was, the capital value of the land with minerals excepted. If the purchaser were entitled to a conveyance of the whole feesimple, including minerals, he would be entitled to something which was not included in his lease, and which he had not paid for. " The land comprised in the lease" meant land without minerals. Plaintiff was entitled to a Crown grant of the land exclusive of minerals. The Attorney-General did not ask for costs. Probably there will be an appeal.