Ritch v Boksburg [1912] ZAWLD 2 (23 January 1912)

Mines and Mining.-Precious Metals.-Ground granted
for Agricultural Purposes.-Right of Grantee to
Transfer.-Registration.-Surface Right.-Law 18
of 1892, sec. 60.-Act 25 of 1909, sec. 35 (d).-Asiatic.
-Surface Right held in Trust for.-Act 35 of 1908,
sec. 130.

The right to itse the surface of land, within a proclaimed
goldfield, but given out to the owner, under sec. 60
of Law 18 of 1892, for use as gardens or plantations,
·may be transferred in part or in whole, and such
transfer is registrable as a " surface right" in the
Registry of Mining Titles, under sec. 35 (d) of Act
25 of 1909.
The fact that the person who holds such right holds it in
triist for an Asiatic does not in itself debar him under
sec. 130 of Act 35 of 1908, from having transfer of
portion of such right passed to anothe'! person.