LAW REPORTS.

Dominion, Volume 3, Issue 663, 13 November 1909, Page 15

LAW REPORTS.

SUPREME COURT, LESSEES'OF HARBOUR BOARD LAND. BIGHTS OF At a Banco sitting of tho Snpiem? Court yesterday Mr. Justice Sim had befpro him the case of Frank Brayton Barker and Porcival Barker, ebeopfarniers, of Oiaborno, versus the Gisbornti Ilarbour Board. Tho plaintiffs were lesstjcs of t<7o portions of Tanwharoparao Block, and they applied for an ordor under the Declaratory Judgments Act. 1903, to interpret tho leases by determining—(l) thoir rights to a renewal of term; (2) how, at what time, and under what liabilities their rights to obtain a ronewal tfore to bo exercised; (3) upon what basis tho amount of rental for tho renewed term was to b,e fixed; and (1) the mutual relations between the'board (lessors) and thorn upon the expiration of the first tenn of lease, eo for β-i was necessary to dotennmo tho preK.C, with him Mr. V. Barker (Gisborno), appeared for plaintiffs, and Mr. M. Myer? and Air. T. Alston Coleman (Gisborne) for the defendant board. It was explained that the leases of the Harbour Board's endowment (m tho Auckland nrnvincM had been held originally by William Wood, James Shnnd, and James Portoous Borr, suoopiaimers, of Uinßtchutch, anfl WiUiam Graham Jackson, shcepfarmor, of Wellington, who -wore declared to be the highest tenderers. Thoy wore ontitled to a, lease of the land (2Z.050 acres) for 21 years from July J, 1890, at an annual rental of JE2SI 15s. sd. Tho .leasjs had ' boen eubsetiuently purchased by plaintius. Under tho Teases, the board was not required to survey tho lands, but tho lessees mi({ht do bo i at thcit ovrtrexpense. They had tlie nght of renewal for a further term of 21 years, at a rental to bo fixed by arbitration, provided that thoy notified the boaid of their intention >to exorcise the right of renewal, so that the rent might be ascertained ono year before the expirltion of the terra of tho'leases. It was also provided that during tho first five years of the leases tho lessees should lay down in grass an area of one-tenth part of the leasehold. If th« lessees elected to renew, they Were not to bo entitled to receive any compensation lor improvements, whioh were to be the absolnte property of tha Harbonr Board. If they elected not,to renew they .would bo 'entitled to receive from the incoming tenant the value of all permanent improvemeuts-thc vnltto not to exceed Its. pw aero on all the land improved. The tltno for making the valuation yas to bo fixed not less than one year before the end of the terra of the lease. The board was to use the first year's mt in forming horsetracks to and through the land. In order to decide their olaim to a perpetual renewal, the present lessees asked for a declaratory order. After hearing counsol, his Honour reaorved judgment.' ,