LAW REPORTS.

Dominion, Volume 2, Issue 570, 27 July 1909, Page 9

LAW REPORTS.

COURT OF APPEAL

o REFUSAL TO RECISTER.

LAND TRANSFER APPEAL DISMISSED

The refusal of tho District Land Registrar, i Wellington, -to register tho transfer of a Wanganui leasehold was brought' before bis Honour Mr. Justice Sim in Chambers on June 16 last, whon it was held that no power ' was given tho Registrar to refuso registration in, this instance. An appeal from this decision was heard yesterday by thoir Hon--1 ours Justices Williams (Acting-Chief Justice), Dejmiston, Edwards, Cooper, and Chapman. Mr. Martin Chapman, K.C., with him Mr. F. B. Sharp, appeared for tho Registrar, and fllr. 11. Myeri and Mr. C. E. Mackay (of ; Wanganui) ' for tho respondent, Arthur Maurice Campbell, farmer, of Wanganui. .Mr. Chapman said that the land in question was administered by a board under the Maori Land Administration Act, 1900. By (i lease dated Maroh 19, 1907, the Aotea District Maori Board leased to Mata To Rautahi, wife of a settler at Makirikiri, 1120 ' acres at Tauakira. Tho leaso was for 21 ' years,'and was renewablo for "a further term of 21 years. Tho'annual rental was £28, payable half-yearly in advance. Mata To Eautahi mortgaged her leasehold interest to tho United Farmers' Co-opentivo Association, Ltd. About August 30, 1908, tho lessee ' made'default, and the powers of sale vested . in the company became- exercisablo. The leasehold jva* sold at auction to the respond2nt, .Campbell, for £1500. On January 15 last, the compiny executed a transfer of tho leasehold, which L ho Registrar refused to register, acting'oil tho authority of a case- in re Duggan. When the matter was brought before Mr. Justice Sim,' an order was made that, the transfer should be registered. Having heard argument on behalf of the appel]>st, tho , Court intimated that it did not consider it necessary to hear counsel for tho respondent. There was nothing (their Honours decided) in the regulations which, eithor expressly or by implication, prohibited a Maori from mortgaging his lease, or which prohibited a morteagce from oxercising his power of sale. The appeal would bo dismissed. " , Costs of the respondent wero allowed on ' i tho highest scale, to be paid out of the insurance fund, and the Registrar's costs were ordered to bo taxed and also paid from tho . fund. i \ The Court adjourned until this morning.