IN BANCO.

Press, Volume LVII, Issue 10777, 3 October 1900, Page 3

IN BANCO.

His Honour delivered judgment in the case of Weetmon v Angland. This was an action brought by the Commissioner of Crown Lands for the Canterbury , district, for wrongful entry upon, and removal of crops from, Crown land in South Canterbury. The case was tried in Timaru, and it was agreed that the case should go to the jury to assess damages, assuming the action was maintainable in law, leaving the questions of law for argument. The jury assessed the damages at £63 17s. A man named Graney occupied a section next to defendant, and the latter financed Graney. The Board refused to allow "defendant to go in as subtenant, and called upon Graney to show cause why his land should not be forfeited, on the ground of failure to carry out the conditions. No- reply was received from Graney, and the Board declared the land forfeited, and the Crown l>ands ranger took possession. After this the defendant removed the crop growing on the land. The defendant's contentions were that the forfeiture of Graney's interest must have been effected under the provisions of sectioa 50 of the Land Act, 1892; that the Board was bound to hold a judicial enquiry before declaring a forfeiture, and that inasmuch as Graney was not informed when such enquiry was tisld the act of the Board in declaring the forfeiture was without jurisdiction. His Honour now gave judgment to the effect that the defendant's contentions fail, and that the plaintiff was entitled to jmJgment for £63 17s, with costs on the lowest scale; second counsel certified to. Mr Stringer appeared fer the plaintiff, Mr Kippenberger for the defendant.