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5 HERALD, SATURDAY, MARCH IM 9*Special AATwrHiwnte.l/*cr t\Ukt*4i«ffmmiUb*ffUdtoi**rt Adcrr I in menu lt;U u rfvtt ad—« — **lt; ordinary raUt-BROWN AND SEW A HI),STOCK AND STATION AGENTS, ANDAUCTIONEERS,HIGH STiEET, Et’HUCA,A^lt;;qU for—J. C. WALKER and CO.. ETTEB3HANK, EAGLESTONE »nd MANN. R. GOLD3BROUGH and CO. 1010ECHUCA APIARY.5001ba. Virgin Honey, in Comb, for Sale, at Id. |»er pound.VIRGIN HONEY, on acooontof in purity, htu been no much appreciated at Lucullu'e Hiimptuoua euppera, and recommended in modem times as a splendid puritier of the human frame by the emiuent Doctors of Lhe bwt hundred yean. 1522 C. SUHtERLICH, Proprietor.»r»*P.vnC.anvnC.siranP.PREVENTION FROM 8UN3TROKE.SONHW.M. HILL and(Late Hill and Miller;,AT MANUFACTURERS ANDIVI.PORTERS. SPECIALITIES FOR SUMMER WEARTry Our Own Make. PALL MALL, SANDHURST.1065JOHNATH ARTY•8,MULLAKKY’8 CORNER,Til E entire Stcck will be offered at Ridiououily Low I'ricee for the balance of thia month, to make room forAUTUMN AND WINTER GOODS.J.H. must have money this month, and to get it positivelyNO REASONABLE PRICE WILL BE REFUSED.Till the end of thia Month only atJOHN H ARTY’S,The MillineryMULLARKY'8 CORNER,High aud Heygarth Streete, Echuca.for Drapery,Cbeapeet House in Echuca lor urapary, , Meu'd, Youths and Boys Clothes, Boots and Shorn.J oS,ATH N HARTY’MULLARKY'S CORNER,High and Hey garth Streets, Echuca.'HE entire STOCK will bo offered at RIDICULOUSLY LOW PRICESFor the balance of this month to make room forAUTUMN WINTER GOODS.iNOJ.H. muet have money this Month, and to get it positivelyREASONABLE PRICE WILL BE REFUSED.Till the end of this Mouth only, atOH IN HARTY* S,MULLARKY’S CORNER,High and lieygarth Streete, Echuca,The Cheapest House in Echuca fur Drapery,Millinery, Men'* Youtlm’and Hays’ Clnthing, Boots aud Sb«*ed.ATJOHN HARTY’S,MULLARKY'S CORNER,HIGH k HEYGARTH STREETS, KCHUCA.hat the lease from the Crown to Scarlett contained a covenant to the effect that no assignment or trausfer of the lana should uke effect until the sanction of such trans-er or assignment by the Governor-in-Douncil had been obtained. In the present case, there was no such sanction, and the registrar held that he could not therefore register either the writ or the transfer. The case was arguod st length before the judges, and the Court reserved it* decision.Iuto the merits of this particular case we lave no desire to enter. For anything we enow to the contrary, there may have beeu reasons, though they do not appear, why the sanction of the (joveraorin-UownOil wa* not obtained. But the question so far as he public interests are concerned is a very widoanda most iinjortant one. If tho action of tho registrar is upheld it amounts to this —that tho Governor-in-Couucil, which in thia instance means tho Minister of Lands, can render nugatory the action of the lighest court of law in the colony. A Crown lessee may obtain credit to the extent of his wish or his ability upon the security of his lease, and the Minister may render that security worthless by refusing to sanction the transfer when the sale takes place by process of law. Nor, it appears, would tho creditor be in any better position by forcing the defaulting lessee into the Insolvent Coiirt. This very point was pertinently put by the Chief Justice on Thursday, who suggested that if tho contention for the Crown were upheld the estate would not pass to tho official assignee, in the event of the lessee becoming Insolvcut, without the assent of the Govemor-in-Council ; and the learned couusel who appeared for the Crown at once accepted the suggestion, and admitted that his argument went that length. On tho other side, it was argued that the covenant could only refer to voluntary assignments, and could not possibly apply to transfers which were rendered compulsory by the action of a court of law. This certainly appears to be the common sense view. If it should be decided that it is not the legal one, another very serious blow will have been struck at the credit of selectors. Under such conditions, no one will care to incur the risk o making advances on the security of Crown leases, unless at exorbitant rates of interest. And it will have an injurious effect in another way. Purchasers at sheriffs sales will become scarce aud shy. No one will care to give anything like the real value of a .selection, with the knowledge that after he has obtained the sheriffs transfer ho may be unable to obtain the Minister’s, and thus fail to secure a title. The decision of the court will therefore be looked for with more than usual interest.The difficulty bos arisen entirely from tho usurpation by tho Minister of Lands of powers which belong s«!ely to the Legisla ture. There is no authority whatever in die Lund Act for the insertion of such a condition in selectors' leases. The Act clearly contemplates that when a selector has passed his probationary j ^ iod of three years under license he shall be entitled to demand and obtain a title with which the Board of Land and Works shall have no power to interfere. Thistitle may be in the form of a Crown grant, or, if more convenient to the selector, in the form of a lease, but in either case its effect as against the Crown is intended to be the same. If the grant is obtained the balauceof the purchase*money must bo paid at Once. If the lease is preferred payment of the balance is extended over seven years, but in this latter case tho only covenant authorised by the Act is the usual one “ for the payment of rent, and a condition for re-entrv on non-payment thereof.” It is truo that the 110th section gives power to the Governor to make rules, regulations, and orders for. inter ulia, prescribing the forms of ami Hie conditions' and modo of applying for licenses aud leases to be issued under the Act, and the conditions upon which the same shall be issued j” and it is under »ver of this general and vague provisionMStWIwivrievKiininhjinrawithththVIS.IdillclfrH»cclC«lrjAUE ENTIRE STOUK will offered at RIDICULOUSLY LOW PRICESFor th« Udanc« the month, to make room lorAUTUMN A WINTER GOODS.BEJ.H. muit have money thin month, and to get it positivelyNO REASONABLE PRICE WILL REFUSED Till the end of thia Month only,AT %JOHN HARTYMULLARKY’S CORNER,Hitfh and Hey^arth Street*. Kchuca.The (.'licajM-Bt House in Kchuca for Drapery Millinery, Men'*, Youths and Boy*’ Clothing, Boot* and Shoee.NOTICE TO SUBSCRIBERSrjlHR Rirnnri Herald in now publisheddaily. The nuartew commence on 1stJanuary, l*t April. 1st July, and 1st October. Notice of discontinuance can only be reoeivvd in writing at the clone ot each term. Subscribers not getting their papers regularly will pleaao odvUe the publisher promptly.CASH WITH ORDERS.Ail orders for advertising; or printing from persons having no account with this office, mast be accompanied by a remittance. Change will be returned in poat*« sUimm.MACKAYajtd DROUGHTBIUTR.Tuck err.—On the 27th instant, at Anatruther-atrvet, Kchuca, Mrs. T. Tuokett, of a son. 59mIljf ilibcrincEciIUCA, MOAXA AMD KEBOfO ADVERTISER.(PUBLISHED DAILY.)Echuca, Saturday, March 29. 1879.A most important case in connection with the administration of the Victorian Laud Act came before the Supreme Court in banco on Thursday. The action was in the form of a summons to the registrar of titles requiring him to substantiate his reasons for refusing to register the transfer of an allotment of land* leased under the 20th 6oction, and sold by virtue of a writ of fi. fa,. The facts of the case are briefly these :—William J. Scarlett was a selector in the parish of Maloga, and at the expiration of his licensu applied for and duly obtained his lease. He became indebted in the amount of L605 to John Ellison, who, being unable to obtain paymeut, took the usual course for the recovery of the amount, and obtained a verdict in the Supreme Court The verdict remaining unsatisfied, a writ of fi. fa. was issued, and on the 18th October the land was sold by the sheriff «t Echuca, Mr. S Ainess being the purchaser. The estate was duly transferred by the sheriff to Auiess, and application made to the registrar to register the writ and t*that the condition restricting the right of transferring leaseholds has been imposed. Hilt it surely cannot bo seriously contended that a clause which was clearly intended to provide machinery for the proper ad* ministration of the Act should be made use of to vary tho policy of the Act itself. In the course of the argument before th3 judges on Thursday, counsel for the Crown admitted that ‘l it might be that the condition in the lease was ultra vires of the Governor-in-Council to impose;” but he argued that inasmuch as the lessee had accepted it ho was bound byjit. “ If he did not liko that condition, lie should have refused to take the lease, and compelled the Crown to issue a proper one.” From a purely legal point of view, this argument may be a good one ; but it is not to be assumed that selectors are as a rule well versed in the intricate technicalities of the law ; nor is it right that those having dealings with the Crown should bo compelled to scrutinise every transaction for fear of being imposed upon. Only a few months ago, Mr. Longmore issued a batch of leases containing another condition, which was quite as much beyond the power of the Uovemor-in-Council to impose as that which has been brought under the notice of the Supreme Court It was to the effect that in the event of the land leased being required for railway purpose tho leasees should bo entitled to demand not more than XI |er acre by way oi compensa ion. Some off he selectors having no suspicion that they were being imposed upon, executed their leases as a matter of form. But attention having been drawn to the illegality, a large number positively refused to accept the now conditiou, and the result wa3 that Mr. Longmore was compelled to give way. Wo presume when those who relied upon the good faith of the Govermueut have occasion to demand tforn-[►ensation for land takeu for railway purposes, they will be told that having accepted the illegal condition, they are bound by it, aud that if they did not like it at the time it was their business to have refused to execute the leasos and compelled the Crown to issue proper ones. We submit that selectors have a right to be protected against snares of thia kind, the more especially as wo believe it is a fact that the most eminent counsel in the colony have advised that although the Act specially provides that a selector who has complied with thec« nditions of his license shall be entitled “ to demand and obtain bis lease, there are no legal means by which he can euforce his demand. The protection required is simply that the law shall be complied with, and that the Minister whose duty it is to anminister the Act shall uot usurp the functions of the Legislature, and impose conditions for which there i** -shadow of legal warrant. - uot aPostpo--nOltitles-~0-~— *™ pm- \ , . h-'-'huu- u uii rriuny n«xtI the regirtnr rffu*~ Wj April A Thia aouo* should have appeared^ fc dof 00 tb# ground yeeUrday. * ’ rP^rea*r? roT'»«t*d t.» -uryth .t the m|« of ,t Ac., *• Oak Farm, Mill***, which w*a u, uk-n plttC« yesterdny, U po«tpuo-d tdl Friday
Newspaper Details
Echuca Riverine Herald
Echuca, Victoria, AU
Sat, Mar 29, 1879
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Full Page
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GB 06 Apr 2023
Other Publications Near Echuca, Victoria
Echuca Riverine Herald
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