The Crown Lands Law Reports Volume 2

The Crown Lands Law Reports Volume 2

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: the Commissioner instead of to the Land Agent. He cited ss. 75,79, and 92 of " The Land Act, 1897." Chambers, in reply, submitted that under s. 95 an appli cant could lodge his application before the hour mentioned in the Proclamation, but he did not contend that an application could be lodged before the day mentioned in the Proclamation as the day on which the land would be open for selection. Mansfield, D.C.J.: The appellant appeals from the decision of the Land Court in so far as it directed that the appellant's application for portion 4, parish of Ingberry, should be accepted, and that the respondent's application for that portion should be refused. The case seems to turn to a great extent on the construction of s. 95 of " The Land Act, 1897." I think, and the Court thinks, that that section merely means that if one applicant came at, say, a quarter to 10 or at half-past 9 o'clock and waited until 11, and another applicant came at ll o'clock, and they both made application at 11 o'clock, or if they tendered their applications at 11 o'clock-they must be taken to have tendered their applications at the same time. But the question arises in this case as to whether the Commissioner is bound to accept an application before 11 o'clock, that being the hour specified in the Proclamation. If he were so bound, the appellant might possibly have a strong case, but I have been unable to find anything in the Regulations or in the Act which shows when applications must be received, or which gives an applicant any right to lodge an application before the time notified as the time at which the land will be open for selection. There was a time appointed when the land was to be open for selection, more

Product details

  • Paperback | 68 pages
  • 189 x 246 x 4mm | 141g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236485289
  • 9781236485281