SUPREME COURT.

Taranaki Herald, Volume XXXV, Issue 7020, 20 March 1886, Page 2

SUPREME COURT.

Friday, March 19.— Before C. E. Knvson, Esq., Registrar, sitting as a Judge of the Supreme Court in Chambers. IN RE JIESSItP. WILSO.V BROS., OF HAWERA, AND Til 13 PUBLIC TRUSTEE. This was a dispute as to which of two parties should receive, rent from Messrs. Wilson Bros , the lessors of a native reservo. It seems that Messrs. Wilson Broi. obtained tho lease of a native reset ye prior to 1881. The lease was confirmed by tho West Co ist Settlement Reserves Act of 1883. The native lessees now claimed that the rent should be paid to themselves, while the Public Reserves Trustee claimed that he himself should receive- the rent. Messrs. Wilson Bros accordingly paid the i amount of rent, £131 03, into Court. . Mr. Barton appeared for the natives, Mr. Standish for tho Public Reserves Trustee, and Mr. Caplin on behalu of Messrs. Wilson Bros. The caso waa lengthily argued. Tho Registrar held that section 9 of Iho Act of 1881, providing generally " that the Trustee shall be receiver of all rents pijablo under any lease of any reserve " applied to tho present case, notwithstau ling that Bection 3of the Act, of 1883, providing for the confirming of the leases, and providing that tho rent shall be in future payable lo the- Public Trustee, was repealed. Tho Registrar added that the question was whether in respect of a lease of land (included in a reserve) executed before tho passing of Iho West Coast Settlement Reserves Act oc 1881. and confirmed under the Act of 1833 (repealed by the Act of 1884), rent now accruing dtte^ was payable to the Public Trustee, lie decided that it was, under tho general clause, section 9of tho Act of 1881. Au order was accordingly made that the rent ' bo paid to the Public Trustee, with costs against the natives. i Mr. Barton applied for and obtained leave to apply to the Judge of tho Supreme Court to h-ivo the judgment reviewed. Tho Court rose.