CIVIL CASE.

Dominion, Volume 7, Issue 1908, 17 November 1913, Page 3

CIVIL CASE.

FOK .EELIEF FROM FORFEITURE,

His Honour the ' Chief Justice (Sir Itobcrt Stout) gavo judgment on Saturday in tlio case heanl during tho previous. day, in which application for relief front the forfeiture of a loaso was made b/ George Augustus Fairbrotlwr against Ernest' Samuel' YemieJi. His Honour said that tho lessee lived at Wairanipa., some distance from the land. He went for a holiday, instructing his soil to pay the rent, but the latter omitted to do so. The lessor did not apply for the rent, but- gavo notjeo to the _ sub-teinuit that- ho itad taken possession. The lessee offered the rent, hut tho lessor declined it, and alleged, that after entry ho found. that the scrub had been allowed to grow, that the rabbits had not "been kept down, and that there was injury to the fences. The- lessee's reply was' there was iio breach of covenant, that the only injury to the fcncijs was slight, and was caused by the lessor's own cattle, which woro grazing on 'adjoining land, that all the instructions from the Laud Department- woro obeyed, and tlio rabbits kept down, and that the. land was properly managed. The land was let at 10d. per acre, with a purchasing clatlso at 15s. per acre, and the lease had about two . years Jo run. Tho Court was of opinion that the setting up of the breaches of covenant, in reply to ■ the application for relief against forfeiture, was really an afterthought, and granted the order, a iiiinute of tho rej lief granted to he mado on tho lease.