SUPREME COURT.

Dominion, Volume 6, Issue 1827, 13 August 1913, Page 3

SUPREME COURT.

TRANSFER OF MAORI LAND. REGISTRATION REFUSED. In the Supreme Court yesterday. his Honour Mr. Justice Kdwards heard argument in a summon? calling upon the District Land Reui'trar # to subMantiate grounds of refusal to register a transfer under the Land Transfer Act, 1008. Ihe land in question formerly belonged to Natives, and the transfer, fcr winch registration had been refused, was from Harry Francis Til ley, Francis Moffatt, and Patrick Augustus O'Neill (the executors of the will of Thomas James 0 Nej 1, deceased).to Vatrick O'Neill, John 0 Neill, Timothy O'Neill, ju nr.#. and Irancis Joseph O'Neill (beneficiaries undet' the will)* The memorandum affected an area of 3*acres and 28 perehos of the block of land known as I'ara.para 2S, 2J. Mr. C. H. Treadwell appeared in support of the summons, while the SolicitorGeneral (Mr. J. \V.. Salmond, Iv.C.) represented the Registrar. The agreed facts were that the land was originally Native land vested in_ fee simple, and on April 27. 1912, the Native owners disposed of it to Thomas James O'Neill. It was duly registered as his property. The owner (O'Neill) died last year, and ihis executors desired to transfer the land to the beneficiaries under the will. Tho beneficiaries were unable, however, to make i\ certain .statutory declaration required under part. 13 of the Land Transfer Act, 1908, and the Registrar therefore refused registration. The parties interested now asked that the 'Registrar should show cause. They alleged (1) that the refusal to register | was not on valid grounds; (2) that tho ! land comprised in the certificate of title i was not subject to part 111 of the Act; ! and (3) that the.memorandum of transfer I was registerable without a. statutory de- | claration. , • I After hearing argument, his Honour reI served decision.