IMPORTANT LAND CASE.

Colonist, Volume LI, Issue 12498, 26 March 1909, Page 3

IMPORTANT LAND CASE.

LEASES IN PERPETraTY- v [United Br>ss Association. ] ; V New Plymouth,: March 25. '■;■ ; A case of considerable -interest to holders in -was the subject of an originating summons which came before His Honour Mr Justice Chapman. It appears that lease in perr, pptuity' was granted Mr Bennie under, section 121 of the Land Act, 1892, which ■ reserved surfate '. minerals to the Grown. Mr^ Bennie, applied' under the recent Amendment Act- of--1907 asau '-'owner of lease in perpetuity" for a Crown grant of land, |h_e Ciown. being of - opinion that such -grant could nqt b,e matle by reason: "of., reservation .of surface minerals. A summons,^ by consent, tfas set down ; urder The. Declaratory "; ; Judgments" Acts of last session for the purpose of obtaining a decision of the Supreme Court as to the rights of the parties. It is understood that a great number of leases haye 7 been issued of -"surface in the Ohura c district, arid these pro\ceedings are in the nature of a test case. Mr T. S. Weston appeared for the Crown, arid Mr J. McVeagh, ■'. of-: Eltham, for Mr: Bennie. His Honour, •after hearing-arguments ..of -counsel,: reserved judgment. ■- ; ;. V".' "