SUPREME COURT.

Dominion, Volume 7, Issue 1907, 15 November 1913, Page 14

SUPREME COURT.

LESSEE'S ALLEGED NEGLECT.. A motion for relief by George Augustus Fairbrotlier, land agent, Carterten, against Ernest Samiiel Vcimell* who desired the forfeiture of a lease, waa heard by the Chief Justico (Sir Robert Stout) in Chambers yesterday afternoon Mr. M. Myers represented and Mr. A. U. Bunny (Masterton) appeared for defendant. ■ Mr. Myers having stated his reasons whyf relief should be granted in resjoect of tho forfeiture of tho leiiso of this laud, occupied'by Mr. Fairbrotter and owned hf Mr. .Vemtell, which is situated on tho East Coast, Mr. Bunny said he conld not conceive a stronger case where relief should bo refusetl, Mr. Fairbrother Jivnd 28 miles away and had practically abandoned those 417 acres of land, which was aiivo with rabbits and overgrown with scrub. It would cost £30 to get it put in proper order, as when once rabbits got possessioij they did tremendous harm in eating out the heart of the land and putting it out of condition. , ... ' The Chief Justice asked why the landlord had not taken the trenbie to seo to his Sand before how, and suggested that ho could have freed it of rabbits and scrub himself. Mr. Bunny replied that if the landlord had cut down tho scrub and killed off the rabbits, that would not have exonerated the lessee. In addition to not paying the rent, the tenant had failed to repair the fences and t<j destroy the rabbits, and he had also allowed tho scrub to take posses* siou of tho land, thus diminishing its value, The lease had oniy two. years to run and if the lessee remained tho land would be- thrown back on the laudlord's hands greatly depreciated in. rake. Tl?o Chief Justico said lie'would give his judgment in writing.