A Palmerston Land Case.

Feilding Star, Volume XV, Issue 234, 8 February 1894, Page 2

A Palmerston Land Case.

(PEE PBESS ASSOCIATION ) Wellington, February 6. In the Banco Court this afternoon, before Mr Justice Richmond, Mr A. I S. Baker, of Palmerston North, applied on behalf of Thomas Spyers for an order relieving him against tbe forfeiture of the lease of 300 acres in the Arawaru Block, Fitzherbert, from James Sutcliffe Nicholson and Elizabeth Ann Nicholson, of which forfeiture bad been claimed on the ground of breach of convenant by non-payment of rent. Petitioner claimed that such breach was accidental, and without fraud or negligence. Mr George Hutchison opposed the application. His Honor, after hearing Mr Baker, said it seemed to him clearly a case for relief, as it appeared extraordinary that a man should lose all his previous payments extending over several years simply because there was delay in the payment of one sura of £10. The contract was one to pay for land on instalments. Mr Hutchison said it might be hardship, but he was instructed that there was forfeiture by non-payment of rent, and he must oppose the application. Mr Baker said the omission had been caused by a mistake as to the date. Mr Hutchison said that £10 was due on the Ist of December, and the cheque was not sent till the 30th. The cheque was returned on the 6th of January with the intimation of forfeiture, and on the 17th his clients took possession. The present application aluo was not in proper form, as it alleged accident or mistake, while it was forgetfuluess that was pleaded. His Honor said he did not think it was a case which should have come to him at all. He would grant annulment of the forfeiture on payment of the £10 due, with 6 per cent interest, and as there might have beon some misapprehension as to the form of application he would allow £2 2s costs. He felt much inclined to disallow costs altogether.