TIMBER ROYALTY CASE

Hokitika Guardian, 25 July 1924, Page 1

TIMBER ROYALTY CASE

CRDWX Y. MAI-FROY AXD CO. [iiY THi.n:i , .mmi—riat imh-i.ss association.] WFLIdXGTOX. .1 uly “I. The Foil Court was to-dav eopupcd on the case, the Kiup versus Mallroy and ( oinpali.v. Westhmd. a special lease under section UJ!) of the Mininp Act. I!‘:i. y . removed into the Full Court. Tlie (pie.-tioii at is-ue arises out of the followiup facts: About three years apo. tlia Warden, at Hokitika, iu prnntinp a sawmill liieiise, imposed a royally of is per to’,l feet on the timber cut. Three years later the assipnee ol the oripinal license liroimlit the mutter apain liel'ore the Warden, who took the vii'W that lie oiiplit to have imposed a of (id. and lie altered tlie royally necordiiiplv. The Court is asked to decide whether it was competent. fur the Warden thus to alter his ow n order. Mr M \ers. K.C.. mid Mr A. Fair (Principal Law Officer) appeared for llie Crown, and arpiled that llie Warden had no iuri- diet ion to make an alteration. Sir John Findlay and Mr Murdoch apenred for the respondent. Mallroy and Company, contendiiip the Warden had iurisdietion. and it- was competent for him to correct or cure rror in lie royalty by the alteration thill he made. •In.lament iv.s le.'.oveil.