COURTS.
INTERESTING TO HOLDERS OF LEASES IN PERPETUITY.
(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 His Honour Mr Justice Chapman. It appears that a leaser •in perpetuity was granted Mr iieunio under section 121 of tlie Land Act 1892, which reserved the surface as also the minerals to the Crown. Mr Bennie applied under the recent amendment Act of 1937 a-s an "owner of a lease in perpetuity for a Crown grant of the land. Tho Crown being of opinion that such grant could not be made by reason of tho reservation of the surface and oP the 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 parties. It is understood that a great number of leasrs have been issued of surface in ths Ohura district, and these proceedings aro in the nature of a test case. Mr T. S. Weston nppaared-for the Crown and Mr J. McVeagh, of Eltham,
for Mr Behnie. His Honour, after >afing arguments of counsel, reserved judgment.
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Bibliographic details
Wanganui Chronicle, Volume L, Issue 12184, 27 March 1909, Page 7
Word Count
206COURTS. Wanganui Chronicle, Volume L, Issue 12184, 27 March 1909, Page 7
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