A CLAIM FOR RENT BY THE PUBLIC TRUSTEE.

Taranaki Daily News, Volume XXXXII, Issue 100, 30 May 1900, Page 2

A CLAIM FOR RENT BY THE PUBLIC TRUSTEE.

A cas i which involved more than one point of law wns heard by Mr. Simford, S M., on Mouthy, Tho Public Trustee sued A. H, Moore, of Opuuako, for J95 Idi 4d, fivo years' rent of section 95, block 1, Opuuake. Mr. Simuel appeared for the plaintiff, and Mr. Kerr for the defend int. Ic appeared from Mr. Samuel's opaning statement that the Public Trustee had formerly acted for the native lessors, and that uuder section 4 of fcho Wes . Coast Settlement Act, 1892, the leas was vested in the Public Trustee. Among the documents put in wore the Grown grant to two natives', a lease from thorn to Mr. Moore, and an assignment from him to a Mr. Morgan, whos-> piyments from time (since 1892) to time were admitted, It was also admitted that Mr. Moora had not paid tbe rent. For the defence Mr. Korr submitted that the statement of claim admitted that the lease was valid ; that tbe grant had been made uudor the West Ooast Settlement Acts of 1880 and 1881; that tbe defendant sought So take advantage of suction G of the VVeit Coast bottlumont Act, 1887, which was tho statutory limitation ol the Common Law Liability upon the assumed existence of which the statement of claim had been framed ; and further, tint though section 6 of the Act of 1887 had boon repoilod by tho Act of 1892, tho nhiase from liability under tho rop laled Act was still good by reas.m of subs c'ion -1, of s-jorion ) •21, of thj In'erprotatioa Ac\ 1888 Ha r, ; s> coat.v.xl.-d that if tho doud \v,to invalid v,hy Public Trustee must fail in his aci i m, as his remedy was to sue Mr. Morgan, Another point was r.hat tho grant was not tha rosovvj within the d-.Ur.itionof tho Act of 1892, but was one made to t.ito natives for service, :u- proved by doKuiirentiry tiv'iili'ucc put in. Aficr hearing Mr, Simuel in replyi ilis> Worship deferred judgment.