LAND BALLOT CASE.

Dominion, Volume 5, Issue 1430, 3 May 1912, Page 4

LAND BALLOT CASE.

INTERESTING POINT DECIDED. (By Telegraph-Press Association.) Timaru, May 2. Mr. Justice Demissions reserved jwlgnicnt in an Appeal against the decision oi' tho Canterbury Land Board in n. land ballot case in February, 1011, has been received. The appeal was heard in February last, but judgment was delayed at the'request of parties, in view of a possible settlement. In February, 1911, ieases of a number of Mnclienssio pastoral runs were balloted for, and thero were many applicauts. Two marbles were drawn in each case, so that a second applicant could *be ready if the first failed to appear and complete. In the case of tho .Whalesback run of 14,500 acre?, tho person called on the first marble drawn was not present or reported, but a friend (unauthorised) offered to pay a. deposit at once, and also asked for time to communicate with tho applicant. Ten minutes were allowed, and within that time an authorised agent appeared and completed the bargain. The drawer of the second marblo appeared against this, as a regulation pays that deposits mu«t be paid "immediatclv." On this, ths main point at issue, the Judge held that "immediately" in the regulation does not mean "instanler." If it. did. it might be ultra vires. The word must be _construed with reference to (lie object of the rule, and the circumstances nf the ea-e. He thought the time allowed_ reasonable and proper if if. were a nuo'tion for tho Court, lmt rcal'iv it. was left to (lie dis-1 cretion of the officer presiding at the b.nllot. Judgment wns entered for the respondent, with ten guinea* costs. Mr. Solomon, K. 0., and Mr. ICinnernev appeared for the appellant, and Messrs, Raymond and Rolleslon for (he respondents.