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The Pamphlet Collection of Sir Robert Stout: Volume 7

Appeal against report

Appeal against report.

8. Immediately upon the receipt by the said Commissioner of Crown Lands of any such report as is mentioned in the last preceding section, he shall send by post or otherwise, to the person against whom such report is made, at his address if any be known to the said Commissioner, and if none, then at the land purchased by him, a notice in the form C in the said Schedule or to the like effect; and if the purchaser shall deem such report false, he may within fourteen days after the delivery or posting of the said notice, appeal to any Resident Magistrate holding a Court near the place where the land is situate, by giving a written notice to such Resident Magistrate in the form D in the said Schedule, or to the like effect and paying therewith a deposit of five pounds. The said Resident Magistrate shall forthwith appoint a time and place for bearing the said appeal and shall give notice thereof to the appellant and to the said Commissioner of Crown Lands. At the time and place so appointed he shall sit to hear the appeal and shall examine upon oath all such persons as shall be tendered as witnesses by either party, and shall determine whether or not the appellant has within the said period of two years fulfilled the conditions of his license to occupy. The said Resident Magistrate shall have power to administer oaths and to adjourn the sitting from time to time and from place to place. The decision of the said Resident Magistrate shall be final, and there shall be no appeal therefrom, and the proceedings shall not be removable by certiorari either by the purchaser, or by the Commissioner of Crown Lands or Her Majesty the Queen.