SUPREME COURT.
Per Press Association. NEW PLYMOUTH, March 25. A case of considerable interest to holders of leases-in-perpetuity was the subject of an originating summons which came before Kis Honour Mr Justice Chapman. A lease-in-perpetual was granted to Mr Bennie, under section 121 of the Lands Act, 1892,-which reserved the surface as also the minerals to the Crown. Mr B-ennie applied under a recent amendment of the Act of 1907 as an "owner of a lease-in-perpetuity " for a Crown grant of land. The Crown being of opinion that-such grant could not be made by reason of the reservation of the surface and of minerals, a summons by consent was set down under the Declaratory Judgments Act of last session, for the purpose of obtaining a decision of the Supreme Court as to the rights of par : ties. It is understood that a great number of leases have been issued of the surface in the Ohura district, and these proceedings are in the nature of a test case. His Honour, after hearing legal argument, reserved judgment.
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Bibliographic details
Timaru Herald, Volume XIIC, Issue 13863, 26 March 1909, Page 3
Word Count
175SUPREME COURT. Timaru Herald, Volume XIIC, Issue 13863, 26 March 1909, Page 3
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