THE BRIGHTON CASE.

Stratford Evening Post, Volume XXXVI, Issue 50, 4 July 1913, Page 6

THE BRIGHTON CASE.

LEASE-IX-PERPETUITY

[Per Press Association.] Wellington, July 4

In the Appeal Court in the Brighton case, 'the Attorney-General, in opening for the Crown, said it was clear that the /Legislature had recognised, at any rate since 1892, that known mineral-hearing lands were to receive special legislative, treatment. This principle was enacted by section 121'of the Land Act, 1892, and had been re-enacted in section 135 of the Land Act, 1908. He submitted that the difference in the statutory provisions in the Acts of 1907 and 1911 as to price to he paid where leasehold was converted into freehold, showed that although—as was held in Bennie's case—the lessee who exercised his right under the Act of 1907 had a right and had to pay for minerals under the Act of 1912. As there was no provision for payment of minerals the lessee was entitled only to the fee simple of the surface soil. Mr Ostler briefly followed for the appellant.