The Lyttelton Times. SATURDAY, FEBRUARY 16, 1861.

Lyttelton Times, Volume XV, Issue 863, 16 February 1861, Page 4

The Lyttelton Times. SATURDAY, FEBRUARY 16, 1861.

We have been informed by the Registrar of the Supreme Court in this province that action is now being- taken upon an act of last session entitled "An Act to Enable the Registrar of the Supreme Court to Manage the Real Estate of Deceased Persons/— meaning, it would seem, the real estate, situate in this colony, of persons who being heirs at law or devisees of such persons happen to be absent when their rights accrue. According to Section 111., the Registrar may, and, when it seems to him advisable, he intends accordingly to take possession of and manage any such estates.

Turning to the Act itself, we observe by Section I. that its short title is the " Real Estate Administration Act, 1860."' The title would have been at least as explicit had it been the "Real Estate Management Act/ for we look in vain for ; any power of "administration," in the proper sense of the word, similar to administration of personalty. By Section 11., in the interpretation, the words "Judge", and "Registrar" are to mean respectively the Judge and Registrar of the Supreme Court for. that district in which the estate may be situate,—meaning, we presume, by ■" district "mere locality, and by "dealt with" managed; for we find that this is all. The words of Section 111. are, "all real estate and all rents, income and proceeds arising therefrom, accruing or which may have accrued to any heir at law, or devisee, who may be or may have been absent from the colony at the time of the death of the person from whom such real estate is or was immediately derived, may, until such heir at law or devisee shall duly establish his right and title to the possession of such estate, to the satisfaction of a judge of the Supreme Court, or unless such heir at law or devisee shall have already taken possession of such estate, be taken possession of, managed and received by the Registrar." In this section the words 'income' and 'proceeds' seem to mean ' profits,' including growing crops. Here we see that in case the heir happens to be absent at the very time of the death, it seems he must satisfy the Judge, not the Registrar merely. It is not provided that the Registrar must satisfy the Judge, before he enters into the possession and the receipt of the rent and profits. There seems no provision for the case where the Registrar cannot satisfy himself whether any devisees or heirs exist, or whether others are intruders. But when he is satisfied, as mostly is the case, he would, under the next section of the Act, have great and sufficient

power. Section TV. to which we allude, runs thus: "For the purposes of this Act, and subject to the provisions thereof/ the Registrar shall have and may exercise the same rights and powers as the heirs or devisees, if he were present." Here again, there seems a want of exactness in language, if by "if he were present" be meant "if he had not been absent at the time of the decease"; for we see that the heir, if absent then, cannot even when-he presents himself, and however justly entitled, take over the possession or receipt of the rents and profits from the Registrar until he can satisfy the Judge j a fortiori, he cannot deal with the estate whilst out of possession.

The next two sections of the Act define the powers of the Registrar, meant to be given by the Act, and add "with the sanction of the Judge, previously obtained, the Registrar may do any other act clearly necessary for the preservation, maintenance, or improvement of the land with its buildings and appurtenances." All the expense of this management is to be defrayed out of the rents and proceeds (if any) received by the Registrar; and Section VI. provides that '" the Registrar may from time to time let all or any part of such messuages and land, with the. appurtenances, and for such consideration, to such person for such period (not exceeding a tenancy from year to year),1 and subject to such rents, covenants arid conditions as he shall think fit."

The rest of the act is less interesting to the public, except the heirs or devisees, who must apply to solicitors or other advisers. Many cases may, to the great advantage of every one concerned, be brought under the notice of the Registrar; for a tenant, for want of payment of his rent, &c, may incur a forfeiture. At present, we are informed that the Registrar here has but two cases, and notices in our advertising columns will sufficiently indicate his determination .to. act.