COURT OF APPEAL

Dominion, Volume 10, Issue 3056, 18 April 1917, Page 11

COURT OF APPEAL

GISBORNE GRAZING LEASE MANY SETTLERS INTERESTED. .- The -Court of l . Appeal .continued its sessions yesterday. Tho Chief 'justice, .'Sir Robert, Stout, 'presided, and tdso on the bench were iir. Justice Cooper and Mr. Justice, Chapman. - ''' 'Tho Court heard argument upon tho following questions,'whioh were raised in an originating . summons issued in tho Supremo Court, by tho Honourable Hugh St. Leger, of Gisborne, farmor:— : (I) Where a'lease of a small grazing rim was granted under tho provisions of the Laud Act,1892, to the plaintiff, do tho provisions of Section 26 of tho Land Laws Amendment Act, 1912, apply to the provisions relating to renewal- contained in such loaso? (2) Are the plaintiff's rights in regard to the renewal of such lease to heascertaineil by reference.to tho provisions of the Land Act, 1892, and its amendments, or by reference to the provisions .of the 'Land Act, 1908, and its;'amendments? •: -"..''■. (3) Whichever set of statutory provisions, defines tho plaintiff's .right of renewal, has.-lie -the right,: or lias tho Land Board the' right, to determine tho rental of the renewed term ■ "at a rent: equal to not less than two and a half per cent. •of tho value of ,the fee simple as fixed, less.tlje value of improvements,'by the valuation?" , (4) In the event of tho plaintiff not agreeing to valuations made under tho statutory; provisions,' has he. then the right to, have > the rent; detormiued by arbitration? And if he has such right, then what are the statutory provisions regulating the manner! of so determining the rent?;' ■ Mr. 0... P; Skerrett.K.C, and Mr. iR: Kennedy appeared. : for the plaintiff St. Leger, and. Mr. J.. W. Salmond, K.C.,.for the defendants, who wero tho Napier Commissioner of Crown Lands and the Attorney-General. : Mr. Skerrett, said,th'at in this matter the originating summons, had been removed from the Supremo Court because of. the- extreme importance of tho caseto a large number of settlers in tho Gisborno district. Not only was the-amount involved •■ substantial, but the question's were of some difficulty also.. The plaintiff -was tho proprietor of a lease' of a small grazing run, applied for. and granted under the provisions of.the Land_ Act, 1892. The iease was duo to expire at tho end of -February, 1918, and • the legal questions in the" case had arisen consequent upon tho anticipated expiration of tho lease. The, case was really a test case, as the plaintiff's was a case typical of many others in the district.

The Ckmrt-reserved its decision, and adjourned -till 10 'o'clock this morning, when several, 'judgments;, will be delivered. ''''.''..... "■' '■.;.•'■ •''