LAW REPORTS

Dominion, Volume 8, Issue 2501, 30 June 1915, Page 11

LAW REPORTS

COURT OF APPEAL PUBLIC TRUSTEE'S COMMON FUND Tho Court of Appeal (first division) sittings were continued yesterday, when tho Bcnch was occupied by their Honours the Chief Justice (Sir Robert Stout), Mr. Justice Denniston, Mr. Justice Sim, Mr. Justice HosUing, and Mr. Justice Stringer. The case which occupied the attention of the Court was that of the Public Trustee v. tho Hutt River Board. 'The appeal was from a. judgment of His Honour Mr. Justice Edwards, who recently decided the important point that the Public Trustee's Common Fund is not money belonging to the Crown, thatwhen money from that fund is invested in land then tho land in question is not to be deemed the property of the Crown, and consequently the Public Trustee is liable for tho rates levied by the local authority on such land. Tho c|uestion first camo before the Supremo Court (following proceedings in tho Magistrate's Court) in tho form of an originating summons taken out by the Public Trustee for the purpose of determining whether or not he was liable, under the Rating Act and the Rivor Boards Act, in respect of land vested in him at Lower Hutt, the title being acquired as the result of money advanced from the Common Fund on mortgage. His Honour held that the Public Trustee must pay rates, aud it was this decision that was appealed from. Mr. C. P. Skerrett, K.C., with him Mr. F. E. Kclly ; represented the appellant (the Public Trustee), while Mr. T. F. Martin, / with Mr. 15. P. Bunny, appeared for the Hutt River Board. Tho interests of'the Crown were looked after by tho Solicitor-General (Mr. J. W. Salmond, K.C.). Legal argument had not concluded last evening, and the further hearing was adjourned until this morning. PRIVY COUNCIL APPEALS By Telegraph—Press Association—Copyright London, June 28. The Privy Council judgment in the case Rutherford v. Acton Adams has been reserved.