THE PUBLIC TRUSTEE.

Colonist, Volume LVII, Issue 13794, 15 June 1915, Page 6

THE PUBLIC TRUSTEE.

A RAT TNG CASE,

! United Phbßß Association

Wellington, Juno 13. Mr Justice Edwards gave judgment in the Supremo Court yesterday in tho case of the Public Trustee v. tho Hutt River Beard, an originating summons taken out by tho Public Trustee for tho purpose oi" determining whether or not lie is Hable under tho Rating Act and tho River Boards Act in respect of land vested m him at Lower Hutt.

Tlio Public Trustee advanced upon mortgage to a lady at the Hutt a considerable sum of money out of tho common fund established under the Public Trust Office Act v Tho mortgagor made default, and the Public Trustee, to protect the security, acquired a title to the mortgaged land by purchase at a sale. The River Hoard demanded £2 for general rates for the year ended March /81st, 1914.

The Public Trustee, said His Honour, in giving judgment, declined to pay the rates demanded, upon the ground that thy land in question was the property of the Crown, and that except as between the local authorities and tho occupier, it was exempt from rating. The tirst and,, principal question to bo determined was whether or not the moneys which composed tho common fund of the Public- Trust Ofhce were tho property of. the Crown, lf so, the land which had been acquired by the Public Trustee with a portion of those moneys was also the property of tho Crown. After an exhaustive review of" the law relating to the Public Trust Office, His Honour said it was clear, in his opinion, that the common fund is not money belonging to the Crown: and he ga\o his judgment that the iand in inquisition is not to be deemed the property of the Crown, and that tho Publi-j- Trustee is liable for rates,, levied by the Board. When the matter of costs was being considered, Mr Ke%. for • the Public Trustee, suggested that an originating summons should be taken out tio settle the point of law. His Honour said he had not gone specially into the question, but it appeared as if all offices of the Public Trustee in the country were liable to pay rates. .Mr Saimotid, Solicitor-General, said he. -thought an .appeal >woukl - be. maao against the decision. The question of costs was held wer.