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Download book Reports of Cases Determined in the Land Appeal Court of New South Wales Volume 15

Download book Reports of Cases Determined in the Land Appeal Court of New South Wales Volume 15

Reports of Cases Determined in the Land Appeal Court of New South Wales Volume 15.cAnonymous
Reports of Cases Determined in the Land Appeal Court of New South Wales Volume 15
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Author: Anonymous
Number of Pages: 228 pages
Published Date: 13 Sep 2013
Publisher: Rarebooksclub.com
Publication Country: United States
Language: English
ISBN: 9781230101866
Download Link: Reports of Cases Determined in the Land Appeal Court of New South Wales Volume 15
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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ...First, right to object to confirmation of the 74=4 acres instead of the 64=0 acres as applied for. Second, right to have the present application altered, to bring it down to the statutory maximum area, viz., 1,280 acres. As the land applied for was not measured as a homestead selection block, the application had to be made under section 22, Act 1903, for the land as shown on any published plan or design thereof, and that section expressly provides that after survey any necessary adjustment of area, or payment of any additional rent, shall be made. That section has to be read with section 3, subsection (J), Act 1903, providing that the Board shall inquire into the merits of every application and may confirm it for such an area and in such a position as the Board with the consent of the applicant may determine. As confirmation has taken place, it must be presumed that a survey was effected after the lodgment of the application. The efiect of confirmation is specified in section 22, Act of 1895. On the second point I support Mr. Canaway's argument as to the interpretation of subsection (b) of section 3, Act 1903. The cases cited by Mr. Pike only refer to conditional purchases, and there appears to be a logical reason why the proviso to the subsection should be construed to apply to conditional purchases and not to homestead selections. It must be remembered that the maximum area of a conditional purchase was a statutory one, which permitted of any number of applications being made for additional land, so long as the maximum was not exceeded. The limit of area of a homestead selection was arrived at difierently, because in addition to a general statutory maximum there was also a particular maximum in each case, being the notified area...

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