LAW REPORTS.

Dominion, Volume 4, Issue 947, 14 October 1910, Page 3

LAW REPORTS.

COURT OF APPEAL.'

A MORTGAGE QUESTIONED. : • '■": NATIVE LAND CASE.' . The Court'of Appeal, after disposing of the licensing case of Mullan V. Day, as reported elsewhere,' spent the remainder of yesterday's sitting in hearing argument in a Native. land. case,. llata te Raiitahi y. the Registrar-General of-Lands.-. The Chief Justice (Sir Robert Stout) and Justices' Williams, Edwards, Cooper,. and Ohnpman were,!6n the Bench.'.', '~■'.'■..: This was a special case stated .for" the opinion of the Supreme Court, and removed by consent, into the Court,ofi Appeal: The plaintiff, who is a Native woman, leased, from ...the' Aotea District Maori Land Board 1120 acres of.land, in ■the'- Ohutu Block for a. term of.' twentyone years..from July 1, 1907, at; a rent of .£2B a. year, with a right of renewal. The ■lease was registered in the District Land Registry at -Wellington .on :May 22, 1907, and on Ootober 4 of the same' year I .the. plaintiff executed to' the .United Farmers', Co-operative Association, Ltd.,, a:memorandum, of. mortgage, purporting to charge her estate and interest in the land with the -amount, (not expressed).: then due "by her husband,: John Alfred' Jury, to the said company, and all sums which might Afterwards become due to the .company by.him_ orher.,. No money was 'paid, to. the'plaintiff.by the company.'' No.papatt'ainga certificate was -issued as to any lands.suitable for the occupation and sup-, port' of ■ the : ,plaintiff, nor was any land reserved. by .the Native Land-Court for her occupation and support. The memorof mortgage was not confirmed by' the. Native 1 -Land Court, nor by any District Maori Land-Board, but the Land; 'Registrar at Wellington, without'staking, steps :to .satisfy himself as to the plaintiff had 'sufficient land left fori ■her occupation and support, registered lit on October 8, 1907.'.,: The mortgagees, on ~JanTiary.:ls,. 1909,.claiming: that the plain-' tiff had made: default in payment of-the" moneys .purported to be secured : by the mortgage, .sold .the, plaintiff's (interest in the; land to- Arthur•• Maurice'. Campbell, who accordingly,, on 'June 16, 1909, registered a. memorandum of .transfer. ■'- .;■.■'. : The: questions for the opinion of. the: , Court" 'were':-Kl)..'.Whether, the memoran-. dum- of .mortgage, was'-invalid and unlawfully registered by the. District Land Reg-' j istrar, for the reason that: it. had- not been confirmed'.by,. the Native Land Court; nor- by the District Maori Land Board, or for any ..other, reason.:' (2) Whether any cause of action was disclosed' 1 against the defendant 'under sections I£9, and .196.0f the -Land; Transfer. "Act' (compensation for mistake of '-Registrar). ~ . Mr.; G.', Hutchison .■ .'appeared . for ihe plaintiff, and,:Mr: J. 'W. Salmond■ (Solici-tor-General) ~. for. fthe defendant: ■ . - . v :.:' Afters hearing, argument, the Court - reserved' its decision.„', „; ', '/?■-..'. '■'■•'•' .'