SANDER v. THE QUEEN

17 VLR 8·HOOD, J.
17 VLR 8
17 VLR 8
SANDER v. THE QUEEN Supreme Court of Victoria HOOD, J. November 27, 1890, 03 February 1891 "Land Act 1884" (No. 812), ss. 27 (8), (10), (13); 29, 68 — Pastoral lease — Resumption of land by Crown — Order in Council — Selection — Payment of fees on application for selection — Petition — "Crown Remedies and Liabilities Act 1890." .

By a lease dated the 1st July 1890, and issued under sec. 21 of the "Land Act 1884," S. became lessee from the Crown of certain lands for pastoral purposes for the term and on the conditions therein specified. The first condition provided that "Her Majesty her heirs and successors may at any time and from time to time during the said term resume possession of any part or parts of the land hereby demised which may in the opinion of the Governor with the advice aforesaid be required for the purposes of water supply . . . . . or for mining purposes . . . . ." Condition 4 provided that "in case of any land being required to be resumed for mining purposes the Governor with the advice aforesaid shall determine and have the election whether it shall be resumed under the provisions of sec. 68 of the said Act or under the provisions hereinbefore contained and if so under which of such provisions it shall be so resumed or taken." Condition 6 provided "it is hereby agreed and declared that the term hereby granted may be determined by Her Majesty at any time" by means of a notice published in the Government Gazette; and certain provisions were also contained in this condition as to the service of the notice upon the lessee.

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17 VLR 8

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