AN IMPORTANT CASE.

Wanganui Chronicle, Volume XXXVII, Issue 11892, 9 October 1893, Page 2

AN IMPORTANT CASE.

Action of Public Trustee Sererely Criticised.

(Per Press AssooiATroN ) New Plymouth, October 8. Justice Conolly, yesterday, daring the hearing of the case Public Trnetee v. McCallum, spoke in strong terms against the action of the Trustee. The caß9 arose out of the West Coast Settlements Reserves Act, under which the Public Trustee applied for an injunction restraining defendant from removing and carrying away buildings on a section at Opunaki, and also claiming ,£6O damages for trespassine by defendant on the said section and ,£3OO value of buildings removed. Counsel admitted that the buildings had been removed snd that the Publio Trustee was entitled to possession of the land. His Honor, in giving judgment, said this was the most singular case hn had ever heard of. In 45 yeara of legal experience he had never fcnown anything to equal it. It was probable Buch a case could not arise except in a country which had special legislation with regard to a portion of its subjects. Since 1885 the native reserves have been under the Public Trustee, but by the Act of 1892 more extensive powers have been given to him. He is made practically owner of the natives' land, although no doubt the moneys received are applied to native purposes. The Public Trustee claims damages because the defendant haa occupied land under an illegal lease from the native owners and has removed buildings. The damages claimed were absurdly high. The Public Trustee came into possession in September last, and like a young heir instructed his agent (Eennell) to send in a report of persons i occupying land not having a legal lease. B9nnell was long aware that defendant had erected buildings on tho faith of the native owner's word, ana that defendant had paid hu rental regularly to the natives. Defendant was the sort of man that ouc;ht to be encouraged, he being an honest, hard working pioneer settler, but the Public Trustee does not attempt to come to any terms with him and turns him off tho land. No ordinary man would have done such a thing, and the Public Trustee was not compelled to act in such a peculiar and arbitrary manner. The Public Trustee had power to let the land at a reasonable rental, and there was no use in turning defendant off. His Honor refused to allow costs.