SUPREME COURT.

Star (Christchurch), Issue 5348, 28 August 1895, Page 3

SUPREME COURT.

IN BANCO. Wkdkksdat, August 28. (Before his Honor Mr Justice Denniston.) IN BE THE LAND TRANSFER ACT AND KB B. K. BETTLH. Mr Russell appeared in support of a Bnmmonß to the District Land Registrar to show cause why a memorandum of transfer, dated July 1, 1895, executed by A. R. Bloxam, as sheriff of the Supreme Court, in the Canterbnry District, in favour of Elizabeth Robertson Bettle, wife of Joseph Bettle, of Addington, newsvendor, affecting certain lands, should not be registered against the lands so affected, and why he should not pay the costs incidental to the summons on the grounds that Joseph Bettle had purchased the right, title and interest of Peter Ellis ! in the land, at an auction sale held by the Sheriff under a writ of execution in an action in which John Ashford Ellis was plaintiff and Peter Eilis defendant ; had been declared purchaser under the conditions of sale, and had paid the sheriff the purchase money, J685 ; that the sheriff at Joseph Bottle's request; bad transferred the land to Elizabeth Robertson Bettle; that at the time of the sale the defendant, Peter Ellis waß registered owner of the I land, and that no encumbrance was registered again&t it. The District Land Registrar declined to register the transfer because the certificates of title affecting : the land were not produced. ! Mr Fiaher appeared for the District Land Registrar. John Terras Bell, in an affidavit, stated that Joseph Bettle had instructed him to complete the transfer, that he had found that Peter Ellis was the registered owner of the land, free from encumbrances; that he had been informed by A. R. Bloxam that he (Mr Bloxam) did not hold the certificates of title, and could not tell who did. The District Land Registrar, in a letter to Mr Russell requesting his reasons for refusing to register the transfer, stated that there had been no actual presentation j of the transfer in question in April last. | On April 26, 1895, a caveat had been ; lodged by E. R. Bettle, claiming the land aB . purchaser under sale by the Sheriff. On April 29 a caveat had been lodged on behalf of the Commercial Bank of Australasia, Limited, claiming as purchaser from John Hasker, the trustee of the insolvent estate of Peter i Ellis, the registered proprietor. On Jane 17 John Hflsker, under a transmission, claimed to ba registered as proprietor as trustee of Peter Ellis' insolvent estate. Any inquiry by Mr Bell had been confined to the question whether he could reasonably satisfy the Registrar as to the ground of non-produotion of the titles in order that the Registrar might accept a transfer unaccompanied by titles for registration, subjeot to the usual advertisement. Mr Bell had not suggested that he should lodge the transfer, with a request for the Registrar to call upon the holder of the titles to produce them. The declaration required by the Registrar under Clause 38 of the Land Transfer Act was that the titles produced had been either lost or destroyed, and were not held by any person as a security. It did not appear to the Registrar that such a declaration could be made, or considered as satisfactory. It appeared to him that under Clause 38 he had to determine on which of two persons the onus of commencing legal proceedings should be throws, and in this view he was bound to consider all the circumstances, among which was the fact that the transferee had purchased only the right, title and interest of Peter Ellis in the land, and it seemed to him that such a purchase implied the recognition of possible adverse claims. The main points argued were whether the bankruptcy of Peter Ellis in Victoria vested his New Zealand property in the Victorian trustee in bankruptcy ; whether that trustee had the right to claim transmission in New Zealand without Ellis being made bankrupt here, and whether the purchase of Ellis's right, title and ' interest in property in New Zealand from the Sheriff, purchased subject to the equitable interests of third parties was | supported by possession of the title.

ASHBURTON BOBOTTQH COUNCIL.— The fortnightly meeting of this Council was held on Monday evening; present — the Mayor and Councillors Thomas, Orr, Bird, Brooke, Collins and Eeid. The Chairman's statement Bhowed the overdraft to be j61539 12s 3d, and the income since last meeting MO 13b. The Secretary to the Association advised the Council of the postponement of the Municipal Conference. Two ratepayers applied for permission to build wood and iron structures behind their premises within the fire block. It was decided that the Council had no power to grant permission, as to do co would be directly in opposition to the by-laws. The Engineer's report was read. The resignation of Councillor Orr from the Hospital Board was accepted, and Councillor Brooke was appointed to the position. Councillor Bird, on behalf o£ the Council, presented the Mayor with a suitably engraved silver cradle, on the occasion of the birth o£ a son during his term of office. , . Copper wires are used for Mexican telegraph lines co that they will hold the weight of the birds and monkeys which crowd them for rooßting purposes at night.