Lord Warrington of Clyffe. -

By the Crown Lands Act, 1915, of South Australia it was provided (S. 9, xiii) that the Commissioner of Crown Lands might authorize any person to take possession of lands, messuages, or tenements belong ing to the Crown whereon any person is in unauthorized possession or occupation and to forcibly eject every person there from.

Early in May 1923, the appellant, as Commissioner, purporting to act under the aforesaid statutory power authorized certain constables to take possession of the lands now in question and to forcibly eject the respondent therefrom; they took possession of such lands accordingly and ejected the respondent therefrom.

Shortly afterwards the respondent, as plaintiff, instituted the present action against the appellant as defendant, claim ing damages for the entry and ejectment, alleging that it was wrongful.

The appellant pleaded the above-men tioned statute, alleging that the respon dent was in unlawful possession or oc cupation of the lands in question.

The question, then, is whether the res pondent at the time of his ejectment therefrom was in unlawful possession or occupation of the lands.

The action was tried on the question of liabili