OVER-CROPPING LEASED LANDS.

Rangitikei Advocate and Manawatu Argus, Volume XXXIV, Issue 9475, 18 June 1909, Page 7

OVER-CROPPING LEASED LANDS.

INTERESTING COURT CASE. Per Press Association, Christchurch, June 16. An action, heard yesterday in the Magistrate’s Court at Temnka, decided a point of some interest to farmers, whether landlords or tenants. The defendant (Young) was the lessee of the plaintiff’s (Kennaway) "farm near Temuka, and, in his lease had covenanted not to crop with a “grain or dry crop” more than a specified number of acres in any one year. The lease contained a covenant that the tenant would pay an additional rent of £8 for every acre so •cropped in excess of the permitted area. It was alleged by plaintff that, during last sealson defendant had cropped 47 acres beyond the amount allowed, and the sum of ,£l4O for additional rent was sought to be recovered. Defendant’s answer to the claim was that the excess of crop consisted, not of a “grain” crop, but, of a “green” crop. The evidence showed that a crop of oats, which was the crop really in dispute, had been out green after the ear had appeared, a reaper and binder being used 7 for the purpose, and had then been put into stook to mature. The oats were subsequently stacked, part being out for oatsheaf chaff and part retained to be applied later to a similar use. A sample of the grain was produced in Court. Though the grama were poor, and, on the whole, immature, yet it was shown by defendant’s witnesses that some of the grains would * have .germinated. His Worship held that, in the face of this testimony, and taking into account the fact that the crop was cut with a reaper and binder aad placed in stock to ripen, the crop must be held to be a * grain or dry crop,” and not a “green crop.” The overcropping, however, did not extend to beyond 20 acres, and his Worship accordingly gave judgment .for the plaintiff for £6O and costs.