Blume v R [1918] HCA 49

300 HIGH COURT ist

H.C.or A. Ric J. [agree with the conclusion arrived at on the ground that —

1918. 'the issue of the summons under sec. 7 of the Inter-State Destitute

Renton Persons Relief Act 1910 is not a judicial exercise of jurisdiction by a Revroy, Court within the meaning of sec. 39 (2) (d) of the Judiciary Act.

Appeal allowed. Order appealed from discharged and order of Special Magistrate restored — with costs. Respondent to pay costs of appeal,

Solicitors for the appellant, Rollison & Abbott. Solicitors for the respondent, Mayo, Murray & Cudmore.

Bw (HIGH COURT OF AUSTRALIA.] BLUME . ' : . 2 - i . APPELLANT; AND THE KING . A zs : i r . REsPoONDENT. ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

H.C. or A. Crown Lands—Lease—Performance of conditions—Occupation—Continuous residence 1918. —Residence by bailiffs—Land Act 1910 (Qd.) (1 Geo. V. No. 15), secs. 89, 93, wy 133.

Metnourxr - Sept. 13. Sec. 89 of the Land Act of 1910 provides that " Whenever under this Act ik any land is selected subject to the condition of occupation during the whole

Isaacs, term or during a specified period thereof as distinguished from the condition Gavan Duffy ' ce ' and Rich JJ. of personal residence, the condition of occupation shall be performed by the

continuous and bond fide residence on the land of the selector himself or of a registered bailiff who is himself qualified to select a similar selection." Sec. 93 provides that the Land Court may suspend the condition of occupation in respect of any selection in certain specified cases or in "any other case in which the Court thinks that it is proper so to do." Sec. 133 provides that if it is established that the lease of a selection is liable to forfeiture "the Governor in Council may declare the lease forfeited."

Ce ee

25. 0.L.B.] OF AUSTRALIA.