TIMBER-CUTTING RIGHTS
BEARING OF SUCTION' 841 OF THE ' LAND ACT. . v The questi<m whether the Egmont Box Co., Ltd., being already the holder of tinVber rights over more than MKX) acres of land, was debarred by section 341. of tho Land Act, 1908, from acquiring tim-ber-cutting and-tramway rights over certain other lands, subject to part XIII of the Act, 1 wns answered in the negative yesterday bv Mr. Justice Rim. ' \ "I think?' eaid His Hcnour, in delivering judgment,! "that undcV each of the .existing grants- the plaintiff has ncquired an interest in the specified lands, and that the additional rights proposed, to be acquired will confer similar interests on the plaintiff. That, however, does not dispose of the iratter, because the prohibition- contained in section 341 does not apply unless tho interests already acquired by the plaintiff are land within the meaning of the section. 1 That prohibition applies only if tho land in which the interest is to bo acquired 'together with ,all other land of any description owned, held, ot occupied by the' plaintiff under any tenure exceeds a total of 5000 seres.'
."For-the purpo6esiof section 3il of the Land.Act, 1908,"'' Ilia Honolir concluded, "the ; land of which the plaintiff lifts the exclusive c-ccupation' by means of sawmills and' other buildings, or the like! is to be treated as land hel<l under leasehold tenure, but the land in respect of which the plaintiff has merely the rifcht to.cut and remove the .'timber'fe iiot land ''owned, held, or occupied by the,^plaintiff.'" Wlpii .tho matter ,was Argued before His'Hps<nir, it appeared that tlie pluintiff company was, in substance, n cooperative- concern,; the Ijusiness; of which was solely that of a. sawmlller and fibber merchant. It had acquired cutting' rights 'in order to produce the lieccssary. timber for making packages for, .the cur-, rinse . 'and- export of ,dairv . produce.- •. ■. > The':defendaiit "was the.Uegistrar-Genc-ral of Lands.
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Dominion, Volume 13, Issue 250, 16 July 1920, Page 3
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313TIMBER-CUTTING RIGHTS Dominion, Volume 13, Issue 250, 16 July 1920, Page 3
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