RIGHT TO MINERALS.
A TARANAKJ TEST CASE.
(Per Press Association.)
NEW PLYMOUTH, March 10.
An interesting test case was before the Magistrate's Court to-day on the question of the right of tenants under the West Coasts leases to minerals on their land. The Public Trustee claimed from Charles Andrews £32 13s 6d paid to him at various times by the Taranaki County Council in respect of stone taken from his land and the river fronting it by contractors under the Council. The action was brought to determine the rights of the Public Trustee. CounJsel for the plaintiff contended that the > amount paid represented a royalty of threepence per yard on the stone taken, paid by the county out of .its,funds because in the past it was found; that contractors did' not pay. The Trustee, as owner of the soil, it was claimed, was at common law entitled to such payment, the defendant' being merely a tenant tinder the West Coast leases, which reserved the mineral rights. Counsel for: defendant urged that payment was for surface damage done to the land by the'contractors, not for the value of the stone, and a nonsuit point was raised that an action for money received must fail as there was no evidence that the money was paid for the use of the Public, Trustee.
The plaintiff's counsel urged that as the Trustee was the owner of. the freehold the moiiev was paid on behalf of the Trustee, and that the defendant should claim damages from the Council.
After much Widenoe and legal argument the Court's decision was reserved.
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Ashburton Guardian, Ashburton Guardian, Volume XXXIII, Issue 8815, 11 March 1914
RIGHT TO MINERALS. Ashburton Guardian, Volume XXXIII, Issue 8815, 11 March 1914
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