SUPREME COURT.

Evening Star, Issue 3861, 9 July 1875, Page 2

SUPREME COURT.

IN BANCO,

Thursday, J dly 3. (Before Mr Justice Johnston.)

In re SfnD D n Juan.—A petition from appellant against the .order in Council stopping the ship Don Juan from proceeding to sea, on the ground that she was uuseawcfth.y, \vaa re.oH» o*, The petition was supported by Wf iVlacasKoy. J.oovii (appellant) and Wa/sje Lands Boai » (r< spondsnts) —Mr Macfj,“S,ey anil Mr llaggi't for appellants { Mr Barton and Mr Stout for respondents. At an earlier period of the day applications by Mr Barton had refused by his Honor. The main pa tof the case now came on for argument, Mr Macassey, before entering into details, gave a brief statement of the case for appellant. Rural lands in Otago, when open for sale, are purahasable at the price of LI per acre, Xf two or more apply for the same land on the same, day, it is put up for sale by competition—if only one applican', he gets it at LI per ac e. It was contended in the ore eut case that the ap licatiou made by Mr Logan was for land which was open at the time at LI per acre ; that at the rime it was applied for there was no reason sufficient in law why the application should not Lave been granted. The Bharo should have acceded to the apolication, apd' 'legits tij R£r■ Logjp the purchaser at LI per acre. Tljiere h>tdH) ,, en an atipinpt on the part of the Board to set a-ide this Jand as land of special value, namely, lapd for 'which a higher rate than LI per aero pould’ be demanded, but this, it was submitted, was pot legal—(1) because the Board, in attempting to set asidr- tire land applied f <r, as land ot special value,»acted wit rout the cons nt of the Superintendent, and his consent was required by law * (2) ccuipen-ation had not been paid to the pastoral .tenant q,s required by section 85 before lands can' Toe declared tp be lands of special value; (d) the ’lands, prior to the attemnt to proclaim them as lands for sale of special value, had ppt been withdrawn from sale, and notice bad not been givep ; (X, that the reasons assigned by the Waste 1 and Boftrq for proclaiming these lands open for sale as lands of special value were insufficient in point of Jaw, and the attempted sale of the laud was void owing to the noncompliance with the provisions of the statute. These were the main points. There was no question of fact whatever j all was matter of law. ' ’ The was not concluded when the Couft lose.