APPEAL COURT.

Stratford Evening Post, Volume XXXI, Issue 44, 6 October 1911, Page 6

APPEAL COURT.

AFFECTING A 1.-EASE. (Per Press Association.) Wellington, October The Court of Vppeal tins afternoon heard argument on an originating summons, Budge v. Bayly and others and the -Attorney-General, moved from the Supreme Court. The question which i : a,vises and upon which the Court?,?; determinative is sought, is as follows Where a- lease >r a small .grazing rup .was granted under the provisions of. the Land Act, 1885, are lessees on the expiry of the term of the said, lease, after tho passing of the LandLAct, 1908, entitlec. only to renewal thereof or to to mm fixed by the Land Act, 1885, and is same .subject to conditions of renewal contained in section, 209 of the last-mention-pd Act, or is same subjccl to tho Land Act, 1908, and all conditions of the said last-mentioned Act applicable under renewal ?

Air Chapman, K.C., and Mr Quilliam appeared for plaintiffs, and Mr Bell, K.C., and Mr Fell for defendants Bayly and others, and the Soli-citor-General for the Commissioner >f Crown Lands and Attorney-Gen-eral.

The lease granted in renewal purparts to he under the Act of 1903. Mr Chapman contended that the lease, in . renewal should have been under the provisions of the Act of 1885, and that there is no authority to grant .a lease under the Act of 1908. ( Xhe. Solicitor-General supported the contention of Mr Cliapinan. Mr Bell,, however, ccjftepdod that the new lease under the Apt of 1908 was valid, ,the tenant haying elected to take , a,-, renewal qithe v statute. Argupi.put was unfipjs/iod when the Court, adjourned for ,ljhq .day . '*; I j i'' U ' '5 [\t ' ■ >i'.3 'I.V ..ni, .-id lrf. r d