MINERAL RIGHTS.

Gisborne Times, Volume XXXVIII, Issue 3586, 11 March 1914, Page 5

MINERAL RIGHTS.

AN INTERESTING TEST CASE. rPfcßSa ASSOCIATION TELEGRAM] NEW PLYMOUTH, March 10. An interesting test case came before the Magistrate’s Court to-day on the question of the rights of tenants under the West Coast leases to minerals on their land. The Public Trustee claimed from Charlse Andrews £32 13s 6d paid to him at various times by the Taranaki County Council in respect of stone taken from his land and river fronting by contractors under the Council. 'The action was brought to determine the rights of the Public Trustee, o Counsel for the plaintiff contended that the amount paid represented royalty at 3d a yard on stone taken and paid for by the county out of its funds because in the past it found that contractors did not pay and that the Trustee, as owner of the soil and at common law, was entitled to such payment, defendant being merely the tenant under the West Coast lease which reserved mineral rights. Counsel for defendant urged that the payment was for surface damage done to the land bv contractors, not for the value of the stone, and a nonsuit point was raised that the action for the money received must fail as there was no evidence that the money was paid for use of the Public Trustee. Plaintiff’s counsel urged that as the Trustee was owner of the freehold the money was paid on behalf of the Trustee and that defendant should claim damages from the Council. After much evidence and legal argument decision was reserved.