A QUESTION OF COSTS.
BULLER V. THE PUBLIC TRUSTEE.
(By Telegraph —Press Association.)
WELLINGTON, this day.
The special case stated by consent of the parties between the Public Trustee and Sir W. Buller and Major Kemp in the Horowhenua case, sets out the following questions, to be answered by the Supreme Court:—(l) Can any property be levied upon by writ of sale under decree, and if so what property? (2) Can any moneys be made available for payment of costs under a a charging order, and if so what moneys? (3) Are defendants entitled to a mandamus commanding the Public Trustee to pay costs out of any funds under his control, and if so what funds ? (4-) Is it not a condition precedent to the Public Trustee paying these costs that the consent of the Auditor General or the Audit Department should he given ? (5) Is it not a condition precedent to the payment of costs that the warrant of the Governor should be first given ? (6) Can execution be levied on the Public Trustees' private property under the decree ? The case will be heard before the Chief Justice in banco to-morrow.
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Bibliographic details
Auckland Star, Volume XXVIII, Issue 259, 28 October 1897, Page 12
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192A QUESTION OF COSTS. Auckland Star, Volume XXVIII, Issue 259, 28 October 1897, Page 12
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