COURT OF APPEAL

Taranaki Daily News, Volume LIII, Issue 150, 4 October 1910, Page 5

COURT OF APPEAL

By Telagmplll—Pre®# Association. Wellington, Monday. ■Tha Appeal Court opened to-day, the first case on the list betag Auckland Education Board v. the Public Trustee, removed -into tile Court of Appeal for argument to detewnine wfhat right, title or interest th# Education Board has to monies derived from rent or sale of a number of sections in the city of Auckland, the total value of whidh is about ££50,000. The bind was granted under an Auckland provincial statute and vested in the superintendent. Mr. Reed, of Auckland, appeared for plaintiffs, the So-lictor-General tot the Public Trustee and 'Minister of Education, Mr. Richmond for the Auckland Grammar School, and Messrs S'kerrett and MeVeagli for the Hospital Board. Mt. Reed opecuofl the case for plain l tiff and argument is the case will be of a highly tedmicaJ character, referring to tike eon»tnjcfcoß of various statutes. AaoUand, Last Night. Mr. Bmd rafbaaitted that the lands were now ih«ld in tnrnt tuid the profits paid to the AuafcLand Education Board for educational pui7>oses as provided by the Acts oi 1572, 1878 and 1875. On the abolitica of tto prorincos, tlie lands were vestaS in tihe Public Tm&tee on the origia&l tenrm. Tito monies were not applied as, directed, but allowed to accumulate, By legislation these monies were fiiyca to the Au«kJ;ui<i Hospital to pay ofl Eiortgagc-s. Wlwn tlio hospital was free from dctft, iho monies were to revert to the orijginal usies. This state of affajiß now obtains and tihe Education BoaK'i claima rent. The SoMtor-deneral contended that the administration as education reserves was a t the disa'etion of the Crown, but t<h;' ciroumstanccß wera so complicated tliat legislation *a necescary to define I the tsraafc.