RIGHTS OF A TENANT.

New Zealand Herald, Volume LI, Issue 15554, 11 March 1914, Page 11

RIGHTS OF A TENANT.

INTERESTING TEST CASE.

PAYMENTS FOR MINERALS.

New Pi.ymoi'th, Tuesday. An interesting test case was before the Magistrate's Court to-day on the question of the rights of tenants under the West Coast leases to the 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 for 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.

Counsel for plaintiff contended that the amount, representing a royalty .of 3d per yard for stone taken, had been paid by the county out of its funds because in the past it was found that contractors did not pay, and that the Public Trustee was the owner of the soil, and at common law was entitled to such payment. The defendant was merely a tenant under a West Coast lease, which reserved the. mineral rights.

Counsel for defendant urged that the payment was for surface damage done to the land by contractors, and 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.

Plaintiff's counsel urged that as the Public Trustee was the owner of the freehold, the money was paid on behalf of the trustee, and that the defendant should claim damages from the council.

After much evidence and legal argument the decision of the Court was reserved.