Important Land Case

Feilding Star, Volume XIV, Issue 38, 15 September 1892, Page 3

Important Land Case

A somewhat interesting case under the Land Act was submitted to His Honour the Chief Justice recently in Banco. The facts of the case are as follows :—A Mr M'Cardie became the selector of section 84, block 7, Mangahao, on the 19th February, 1890, on perpetual lease, under part 4 of "The Land Act 1885." Before the 29th of October, 1891, sufficient improvements had been effected to entitle him to a freehold title, provided the residential conditions of the Act had been complied with. He, howerer, hud not resided on the land, but had'obtained exemption from resideoce for two years from the Land Board. He now claims to be allowed to hare a grant of the freehold. The questions for the Court to decide are —1. Whether the selector is entitled to such grant by virtue of the exemption from residence granted by the Land Board or without it ? 2. Under section 16 of the Land Act Amendment Act, 1887, can the selector at any time before the lapse of six years acquire title in fee to the land selected, upon affecting the improvements only required at the date of his application to obtain the freehold, or must the whole of the improvements required under the lease or license be effected ? Can he purchase during the first year of his lease or license without making any improvements, no improvements up to that time being required under bis lease or license ? Mr Gully argued the case on behalf of the Land Board, who are asking for an expression of opinion from the Judge, and Mr Chapman appeared for Mr McCardle. His Honor reserved his decision.— N. Z. Times^ mmmmm^—