The Australian Jurist Reports; Supreme Court of the Colony of Victoria

The Australian Jurist Reports; Supreme Court of the Colony of Victoria

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1871 edition. Excerpt: ...under adverse possession for 15 years There was also another objection that the plaintiff's evidence of title was the certificate of title issued to him by the Lands Titles Office. He maintained that that certificate was only secondary evidence, and that according to section 47 of the Transfer of Land Statute, the books from the Registrar's office should be produced. The certificate mentionad in that section was the certificate retained by the Registrar. Section 131 drew a distinction between the document issued to the owner and the one retained in the office. The former was only a duplicate original, and might be tampered with by the holder, while it was supposed that the latter could not be interfered with. The Chief Justice.--The section says that the certificate shall be conclusive evidence, but it does not say that the duplicate original shall not be prima facia evidence. Mr. Molesworth.--We contend that the duplicate is not evidence at all. The Chief Justice.--What other evidence can there be? It is very right that it should only be prima facie evidence--as it may be altered, or there may be two duplicates--and the certificate alone be made conclusive evidence. But what is tbe use of the duplicate if it is no evidence? To grant a rule would only be to throw doubt on a matter on which we have no doubt. Mr. Molesworth.--In Mr. A'Beckett'sbook on tbe Transfer of Land Statute a doubt is raised, and it would be well to have it determined judicially. The Chief Justice--We cannot determine it better than by refusing the rule. Mr. A'Beckett's book is no doubt carefully considered, but we have no doubt about the duplicate certificate being evidence. Rule granted only on the ground that defendant had adverse possession for 15 years. The rule was...
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Product details

  • Paperback | 378 pages
  • 189 x 246 x 20mm | 671g
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236575040
  • 9781236575043