THE SEDDON LEASES.

Marlborough Express, Volume XLI, Issue 176, 27 July 1907, Page 4

THE SEDDON LEASES.

AN IMPORTANT CASE.

A matter of considerable interest to holders of Government leases engaged the attention of the Magistrate's Court yesterday and to-day. The point to be settled is one that concerns a very large percentage of those who sublet their leases, and the facts briefly are:—Mrs McKenna, who holds a lease of Crown land at Sedcton, sublet her section to another, who entered into a contract to lease the land from her for one year. Before the year expired the lessee, for certain reasons, did not wish to continue leasing the land, and gave the lessor, Mrs McKenna, the keys and the rent to the date upon which he discontinued to make any use of the section. Mrs McKenna still regarded him as the lessee of the land, and held him responsible for rent till the year was> up. As he refused to pay she brought an action against him for the balance of the rent, £3 0s Bd. The basis of the action was the agreement which counsel for plaintiff held to be binding upon both parties. Mr McNab, for the defendant described the agreement as an illegal document, because the parties by it agreed to do that which the Land Act said was unlawful. Section 60 of the Land Act, 1900, was read, which clearly stated that no holder of a Government lease shall sublet to another without the- sanction of the Land Board. The consent of the Land Board with regard to the subletting of the lease in question had never been asked or given, -

The case was argued at some length this morning; counsel for plaintiff urg™g iS^T^ltty of the contract, ands Mr McNab, after every point made by his opponent, falling back upon the statute, which said that it shall not t jSul *°' BttM?ase without the iiand Board's permission. M> Scott Smith said that, as Mrs McKenna was suing upon what was undoubtedly an illegal document, he would non-suit her.

Counsel for plaintiff asked leave to appeal, which was readily given, because of the far-reaching effect of the decision.