THE PUBLIC TRUSTEE.

Star (Christchurch), Issue 4769, 9 October 1893, Page 2

THE PUBLIC TRUSTEE.

[Pee Press Association.] NEW PLYMOUTH, Oct. 8. Mr Justice Conoily yesterday, during the hearing of the case Public Trustee v. M'Callum, spoke in strong terms against the action of the Trustee. The case arose out of the West Coast Settlement Reserves Act, under which the Public Trustee applied for an injunction to restrain the defendant from removing and carrying away a building on a section at Opunake ; also claiming £50 damaged for trespass by the defendant on the said section and ■£300, the value of buildings removed. Defendant's counsel admitted that build-' ings had been removed, and that the Public Trustee was entitled to possession of the land. Hia Honor in giving judgment said that this was the most singular case he had ever heard of. In forty-five years of legal experience he had never known anything to equal it. It was probably such a case as could not arise except in a country which -had special legislation with regard to the position of its subjects. Since 1885 the Native reserves had been under the Pablic Trustee, but by the Act of 1892 more extensive powers had been given. to him. He was made practically the owner of Native land, although no doubt the money received was applied to Native puipoßee. The Public Trustee, claimed damages because defendant had occupied land under an illegal lease from the Native owners, and had removed buildings. The damages claimed were absurdly high. The Public Trustee came into possession in September last like a young heir, and instructed his agent, Mr Kennell, to send in a report of the persons occupying land not having legal leases. Mr Kennell was long aware that defendant had erected buildings on the faith of the Native owners' word, and that the defendant had paid his rental regularly to the Natives. The defendant was the sort of man that ought to be encouraged, an honest, hardworking pioneer settler, but the Public Trustee did not attempt to come to any terms with him, and turned him off the land. No ordinary man would have done such a thing, and the Public Trustee was not compelled to act in Buch a peculiar and arbitrary manner. The Pablic Trustee had power to let the land at a reasonable rental, and' where waa the use of turning . defendant off ? His Honor refused to allow costs.