FORFEITED RUNS

Evening Star, Issue 19126, 18 December 1925, Page 6

FORFEITED RUNS

VALUATIONS FOR IMPROVEHENTS CLAIMS BY UNIVERSITY AND BY MORTGAGEES. A case was stated to His Honor Mr Justice Sim in the Supreme Court this morning under section 61 of tho Land Act, 1924. The matter arose out of the fact that under tho provisions of tho Otago University Reserves Act, 1904, the control of the endowment reserves of the Otago University was vested in the Land Board, and made subject to the provisions of the Land Act. The Land Board administered the runs, and collected the rent, which was subsequenlly paid over to the University. The proceedings were by way of a summons set down for the _ opinion of the judge under the provisions of the Land Act. Some time ago certain runs in the Benmore district were declared forfeited by the Land Board on account of the non-payment of rent. The runs had subsequently _ been put up for auction loaded with revaluations for improvements. The purchasers of the runs duly paid the valuations for improvements to the Land Board under the provisions of the Act; and, after the taking therefrom of certain sums on account of rent overdue and certain other expenses incidental to the forfeiture, there wns left in the hands of the Land Board tho sum of £419 odd in respect of Run 548, and £786 in respect of Run 552. These two sums wore claimed on the one hand by the University of Otago and on the other hand by the mortgagees of , tho respective runs.

Mr H. E. Barrowclough appeared for tho University, Mr J. R. Calkin for the mortgagees (Messrs Wright, Stephenson and Co. and Mr M'Donald), and Mr F. B. Adams for tho Land Board.

Legal argument in the case ■'fas proceeding at the luncheon adjournment.