The Horowhenua Costs.

Oamaru Mail, Volume XXIII, Issue 7100, 7 February 1898, Page 1

The Horowhenua Costs.

(by telegraph.)

Wellington, February 5,

Mr Jufjtica Denniston has given judgment in regard to the question of the payment of costs by the Public Trustee in the Horowhenua case. He considers that to hold the Public Trustee liable would noli be justified—it would be equivalent to holding that whenever the Legislature imposed a duty on the Trustee It impliedly authorised him at his discretion to pay tho costs of such duty out of the consolidated revenue. His Honor does not think he can so hold. He points out that: there is provision made in section 47 of the Publie Revenues Act for unauthorised expenditure. Under this the expenses of this action could have been provided for, and the costs ordered to be paid eofld have been provided. It mast be taken that Parliament has a right to assume that the Executive would take whatever steps are necessary to give effect) to its directions, and would therefore assume that all payments properly Incident to taking proceedings in terms of the Act, including, of course, the payment of costs directed by the Court to be paid, could and would be made by the proper authorities. There can be no claim against the office furniture and other chattels of office, which would simply be an indirect payment out of a fund which he holds not to bo available. No mandamus therefore can be issned* and there are no moneys available under a charging order for payment of these costs. His Honor is of opinion that the Legislature must be taken to have relied on the executive respecting tho obligation imposed on tho publlo officer by providing the necessary funds for all proper expenditure, including, of course, tho moneys directed by the Court to bo paid to the successful defendant, sncl that) having so relied it has not thought ib necessary to especially provide for such expenditure. No costs wcro allowed.