AN INTERESTING POINT.

Wanganui Chronicle, Volume LXVI, Issue 7562, 5 May 1919, Page 7

AN INTERESTING POINT.

TIMBER RIGHTS ON NATIVE

LAND.

In the Court of Appeal at Wellington their Honours Mr Justice Edwards, Mr Justice Chapman, Mr Justice Sim, and Mr Justice Hosking heard argument in un appeal against judgmentdelivered in November last by the Chief Justice (&r Robert Stout), in a t.nie between George Hiitchmson, of Wellington, solicits \ appellant, and Ripeka te Peehi and Rawiri Porangi, of Raetihi, resopndents. iMr T. Young appeared for the appellant, and Mr H. O. Collins, of Wanganui, with him Mr E. A. Howie, for the respondents. The facts oi the case were that Rij;eka Te Pec-hi . and Rawiri Porangi '.«ere the registered owners of 12i£ pcres known as Raetihi 2 B, and by memorandum of grant sold to Philip Mcßae the milling rights of the land ror the sum of £215 10s, to be paid in twenty quarterly payments, subject to the conditions: (1) Thai two-thirds were to be paid to Rjpeka and onethird to Rawiri; (2) that tha trees m ere to be properly cut and removed within a period of seven years; (3) that no fires were to be lighted on tha^ jjioperty, and no injury done thereto j (4) that the grantee was to be allowed to utilise ten noree as a mill e'te; (6) that the grantee was to be allowed to lay down tramways; (6) that the grantee was to have the right to distrain or chattel property • and (7) that, in default of payment, the grant j-.nd " alienation" was to be determined.

On March 13th, 1914, the two nor tives signed a lease of the land to Peai Ti Opotini, subject to the cuttings rights granted to Philip Moßae., The kase was for forty-two years from April Ist, 1914, at a rental of 2s 6d per acre for the first twenty-one years, and 4s 6d per acre- for the remainder ol the term. The two documents were confirmed on March 27th, 191£ The lessee became hankiupt, and the Official Assignees sold tne lease to Mr George Hutchinson for £375 on JDeteniber 21st, 1917. Mr Hutcliiason claimed the purchase rconey for the timber, the contenuno Iteing that, as he was the lessee, the grant of the timber was an "alienation" in the nature of a lease, and that his lease deprived the freeholders f.f- any benefits under the grant or first lease.

His Honour, the Chief Justice, in his judgment, held that the invalidity ot ths construction sought rested on the fact that the lease gave no timber nor timber-cutting rights to the lessee. These were by law, and also, he thought, by express words, ■ reserved: and consequently Mr Hutcihinsou, the assignee of the lease, could not claim *om the assignees oi the timber-rights cny part of th« purchase-money. * 'i'he appeal was against this decision on the ground that the whole of the judgment was erroneous in point of law.

Decision was reserved