High Court of Australia
CLR] OF AUSTRALIA.
HE PRESIDENT &c. OF THE SHIRE OF ARAPILES . B - a ' ' :
PLAINTIFFS, AND THE BOARD OF LAND AND WORKS . RESPONDENT. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
'ermin Destruction Act 1890 (No. 1153), secs. 3, 4, 7, 15, 46, 49, 55, 61, 62—Supply of material for vermin proof fencing by Municipality to lessee of Crown land— Determination of lease—Liability of Bourd of Land and Works for payment of instalments—Interest.
'The effect of the provision in sec. 3 of the Vermin Destruction Act 1890 that he word "owner " shall include any person holding any land under lease or licence m the Crown, or any person deri ind that, save as to land so held, or as thereinafter provided, the Board of Land nd Works shall be deemed to be the owner of all Crown land, is that the word "owner" as used in Part II. of the Act, means, in respect of all Crown land not for the time being falling within the first part of the definition, or within the xception, the Board of Land and Works.
ng title from, under, or through such person,
Held, therefore, that wire netting having been supplied to a Crown lessee yursuant to Part IL. of the Act, and the lease having subsequently been determined y the Crown, the Board of Land and Works was, under sec. 55, liable for the npaid instalments which became due before the determination of the lease, and for those which became due subsequently.
Held, further, that the Board was, under sec. 55, liable for interest on those stalments which became due subsequently to the determination of the lease, but t on those which became due before such determination.
Decision of Supreme Court (26 A.L.T., 76), reversed.
AppraL from the Supreme Court of Victoria.
A.and J. McPhee were, prior to March, 1890, the lessees from Crown under the Mallee Pastoral Leases Act 1883 (Part IL. of the Land Act 1890), of a Mallee allotment within the Shire of Arapiles. They joined in a petition to the council of that shire, under sec. 0 of the Vermin Destruction Act 1889 (sec. 49 of the Vermin lestruction Act 1890), to obtain a loan from the Governor-in-
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