TIMBER ROYALTIES.

Hokitika Guardian, 23 June 1924, Page 1

TIMBER ROYALTIES.

WEST COAST ACTION

CHRISTCHURCH. June 21. An application that an important action in which the Crown appealed against tut amendment of a sawmill license, should be dealt with by the Court of Appeal, was heard by his Honour Air Justice Sint at tho (Supreme Court yesterday. Air A. T. Donnelly represented the Crown, and Mr .J. A. Murdoch (Hokitika) appeared for the respondent, the sawmiliiiig tirm of J. ('. Afaltroy and Co.

The grounds of the application were: (1) Thai the questions involved in the appeal were ot great importance, not only to the parties to the appeal, but also to the majority of the sawmillers in Westland. Grey.. I lumgalina. and Btiller: (2) that the amounts, directly and indirectly, involved in the appeal total over £2<)(>.oMo; C!) that the questions'involved in the appeal are difficult, questions of law: (I) that if the appeal be argued in the Supreme Court the unsuccessful party almost certainly appeal to the Court of Appeal. Air Altirihieh said that Alaliroy and Co. Ltd., moved the harden to amend the license to the sawmill,grant. There was no objection at the time. Iho Warden made the order of amendment under Section Iff!) of the Alining Act. 'file Crown then appealed. Tho great importance of the ease to the AVest Coast would compel hearing in the Court of Appeal. It was held that when the parties could not- agree the AVai'den could state a. ease. His Honour coufd order tTio main point to he argued in the Full Court. Tho respondent company obtained a

license for saw milling which entitled it to cut. timber on certain lands at a roynldy of Cd a. 100 superficial feet. IT also lin'd certain lands reserved'' for future timber-cutting operations, these latter lands itcing held under certificates Of reservation of timber area. After the. grant of the reservations the minimum royalty payable regarding white pine was increased to ffd, and on rod pine to Is. Tho terms on which the reservations were held were that, upon the lands in the license for sawmilling being cut out. Alaliroy and Co. Ltd., could obtain a. sawmill license over the lands comprised in the certificates of reservation. The respondent applied for a license regarding those lands in tho certificates of reservation. but the new license embodied the new schedule of royalty. . His Honour said that if there were any doubt about the matter the case could he'brought before the Full Court. AW Donnelly said that the amount was very substantial. Tt was desired by tho Crown that the matter should lie fully considered by a Judge. llis Honour made an order that the etiso should bo argued before the Full Court at AYelliiigtou during the next sitting of the Court of Appeal.