RESIDENCE AREAS.

Otago Witness, Issue 2894, 1 September 1909, Page 63

RESIDENCE AREAS.

IMPORTANT JUDGMENT. J An important judgment was delivered bj»fg Mr J. R. Bartholomew, S.M. and warden,, "S at Blacks Court on The full i text of the judgment is as follows: — - J Application by Edward Wallington (Mr | M'Neil) for renewal of license for residence ; 4 site; objected to by the Undaunted Goldk'j! Alining Company, I-td. (Mr M'Kean). ; 3f 'This is an application for renewal ofit .license for residence site No. 2719, dated?! May 9, 1888, granted under "The Mining;: l Act, 1886." Objection is taken to the ap- f phcation on the ground that there is no-^ power to grant the renewal asked for, the s application for renewal not having been. | "odged before tho expiry of the license. -| Under section 65 of the act of 1886 the j licensae has the right, "at the expiration- jj of the aforesaid term, to a renewal of hi»g license for a similar term." This right of ] renewal is preserved to the licensee, not- \ withstanding the repeal of the act of 1886, \ by virtue of the saving clauses in the sub- \Z, sequent repealing acts; but the procedure ■% for obtaining a renewal has to be taken>;Jj under the present act of 1908. With respect '~4 to water-race licenses granted under the act: .; of 1886, specific provision is made for their\,i lenewal after the expiiation of the term: for which they were granted (regulation- 3 93) ; a similar provision is made for the renewal of minors' rights and business licenses (section 11 amendment act, 1887). ' No specific provision is made with respect to other descriptions of licenses. When a. licence expires by the exoiration of the term ail rights grauteH by such license are i determiued, and, in the absence of some- ' express power of renewal which would act [5 ! as a resuscitation of the expired rights. I tnero would be no power to renew thai; ' which has no existence. In the nresent castT the application for renewal was not lodged'!.till after the expiration of the term, j granted by the license, so I hold there is V no power to renew the same. It i* to be •' further noted that the procedure for ob- -\ twining a renewal is under the act of ISOS.- '.* and regulation 59 thereof prescribes that; '^ applications for renewal are to be fileo? !■' within not more than two months, nor y less than one month, before the expiration. S of the current term. Counsel for applicant \ contends that this regulation doos not apply, < in the present case, as it would be an interference frith existing rights, which are = preserved by section 5 of the act of 1908. Section 4 defines " mining privilege " a» , including liceusea s ranted under former- 5 acts, and as regulation 59 applies to rlfc mining privileges, and therefore to licensea ,- ander former acts ; and, further, is a matter ; of procedure, and provides the only means under which renewals of mining privileges', can now be granted. It is applicable in thepresent case, notwithstanding section 5 (scorn re Lusick and M'Hroy, XXIV, N.Z.L.R., 763). For the above reasons tho applica* > tion must be refused, with costs to objec« tor (£1 3s). — A halibut weighing 4001b was rccentlyj- " brought to London.