A PUBLIC ESTATE.

Dominion, Volume 3, Issue 897, 17 August 1910, Page 7

A PUBLIC ESTATE.

' OWNERSHIP , DISPUTED. By way of removing a wrong impression conveyed by an Auckland, message, published on Monday, in reference to what is known as the old Supreme Court site, it may be stated that although the action >of which the message spoke took the form of an originating summons against the Public Trustee, applied for ■by. .'the Auckland Education Board, • Mr. Justice Edwards ordered the summons to be served instead upon the Minister for Education and the Auckland Hospital and Charitable Aid Board, as the parties immediately interested. The estate .in question is. valued at a quarter of a million sterliug and is vested in tliu Public Trustee for , leasing. .An Act of 1875 set apart its revenues for purposes of general education, but under a later authority tho Auckland Hospital and Charitable Aid Board was permitted to include the', estate in the securities for a loan. The revenue was .applied in part to the paring off of debentures arid the balance to the Auckland Hospital Board. The last of the debentures were liquidated on June 2 this year. Tinder the Auckland Hospital Reserves Act, 1883, it is provided that after the debentures have , been paid off the estate shall revert to the Public Trustee and its rev-' enue be applied, as originally intended, for purposes •of general education. The question is left open as to whether the Education Department or the Auckland Board takes the rents nnd, to further complicate tho matter a later Act makes , "it J appear-.that" , the 'Auckland Hospital .and' Charitable Aid Board is entitled to _the reversion. There is a confusion of istfitiir.o'ry' authorities which the' Court is called upon to elucidate and determine. The Piiblic Trustee is' not reallv concerned in the dispute at all.' It lies be.twoon the boards .named, and .the Education Department. • ~ ( ' . ■