AN IMPORTANT DECISION.

Evening Star, Issue 7198, 28 April 1887, Page 1

AN IMPORTANT DECISION.

NEW PLYMOUTH, April 27.

An important decision was given by Mr Justice Ward to-day in Banco. The case, which involved the right of lessees under perpetual lease to mortgage their leaseholds without the consent of the Land Board, came on for argument, being in the form of an appeal from the decision of the District Land Registrar, Mr Samuel, for appellant, cited cases in support of his contention that the Government were wrong in their claim to prevent such mortgages, and that nothing in the Land Act gave them any such right. He submitted that a statement in the affidavit that the Minister of Lands considered the parpose of the Act would be defeated by the exercise of the power was wholly irrelevant, and the Court would not allow it to be read. The Court would not consider jhe opinions of Ministers, but would determine from the words of the Act what was the intention of the Legislature. He then proceeded to cite cases to show that a mortgage was not a transfer within the meaning of the Act. Mr Standish, Crown solicitor, supported the contention of the Crown Land officers in Wellington. His Honor decided in favor of Mr Samuels's contention, and allowed the appeal, with costs against the Government. Another case of the Mew Plymouth Harbor Board v. Public Trustee was heard.