THE SCOTT-RITCHIE CASE.
Wellington, May 3.
The Queen v. Scobb is being argued bo-day. Ib is a special case stabed by bhe parties and removed inbo bhe Court of Appeal. Ib arises oub of the taking up of a run in March 1891 by J. R. Scott, of Dunedin, on behalf of the National Mortgage and Agency Company. Scobb became bhe licensee of a run for 10 years from March 1, 1891, ab £380 per annum, payable half-yearly in advance on the lsb March and lsb September. The first instalmenb of bhe rent became due on bhe lsb March 1891, and was paid by the company for Scotb. The insbalment due on the Ist September 1891 was not paid, and bhe Crown sued Scobb for bhe amounb and penalties, and after various proceedings Scott confessed judgment on 16bh December 1891 for bhe amounb claimed. The judgment, however, is nob yeb satisfied. In the present; proceedings the Crown sues Scotb for insbalmenbs of renb due on bhe lsb March 1892. The questions raised by the case are : Whether the acts and correspondence of bhe parties show thab a surrender was made and accepted ; whebher bhe Crown, having sued and recovered judgmenb for bhe penalties, must nob proceed under section 188 of " The Land Acb 1885," and bake the furbher Bbeps required bo declare bhe run forfeited. Counsel for the defendant have, however, abandoned bhe claim thab a surrender was accepted. Sir R. Stout and Mr Skerrett appear for bhe Crown; Mr M. Chapman and H. D.Bell for bhe defendanb.
Sir R. Sboub conbended that if Scott ever had bhe right bo inaisb on forfeibure for non-paymenb of the renb due lsb Sepbember 1891, he had waived bhat righb by confessing judgment for the amounb and penalties ; furbher, bhab Scobb never had any right to insisb on forfeibure, and no power to enforce it ab his own suib; and bhab bhe provisions of section 188 of bhe Land Act is exclusively for the benefit of the Crown, and may be waived by the Crown. Mr Chapman, for the defendant, contends that, on the case as stated, if the Land Office had the duty to forfeit, the defendant is to be in bhe same position as if he had been compelled to do so ab the suit either of the defendant or of the Attorney-general. Messrs Chapman and Bell, for defendanb, conbended bhab under section 188 of " The Land Acb 1885" bhere was an absolute duby casb on bhe Land Board Commissioner to forfeit bhe lease ; thab the license was one upon condition for payment of rent, but bhere was nothing amounting to a covenant for payment ; bhab upon the condition being broken forfeiture must follow and bhere was no continuing liability ; and thab the sbabube gave no power to discriminabe bebween one Crown tenant and another. Judgmenb was reserved.
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https://paperspast.natlib.govt.nz/newspapers/OW18930504.2.79
Bibliographic details
Otago Witness, Issue 2045, 4 May 1893, Page 23
Word Count
477THE SCOTT-RITCHIE CASE. Otago Witness, Issue 2045, 4 May 1893, Page 23
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