Now, Mr Hamerten, this •’ Guaranteed by the State ” hangs at the top of your advertisement like a signboard ?—Just so. The adveriiaemant goes on to state the business it undertakes; and then you goon to set forth the advantages that you offer, and your many agencies, and the names of the agents who act for the Trust Office. Now, I a.k you this: Would you, as a member of the public, reading that advertisement with that heading, " Guaranteed by the State,” above a’l tho’S different duties which the Publio Trust Office offers to perform— would you not rely upon that announcement that the State guaranteed all business that came into its hands included under those heads ? Would I, as a stranger, not ba justified in believing, and honestly believing, that in putting business under any of those beads-.and they ■re numerous enough, as evefylmdy may know—the Slate guaranteed tfigChuainess through all its ramifications? - I oaqrscarcely say. You ask ms whether any members of the publio—— •\ I confine you to any. members of ths public. J say, froutd' I, who perhaps am as innocn&f a member of the publio as any yon will find, be justified in believing the State guaranteed any business that I was induced to place in the hands of the Publio Trust Office!—Well, it may have that appearance. Now. Mr Hamerten, you are a lawyer. Do you mean to say that there could be any other answer—that If I. on the faith of that advertisement, went into a Court of law, and made a declaration or gave evidence that on the faith of that advertisement—which yon acknowledge has been Issued by yon—l gave you business, part of which was to m'kt loans suoh as the one made to Randaraon, da you mean to tell me that the State is not liable If there was no other information 'exoepting that it might be the case. What other information for my guidance do you give me ! If I say that on tha faith of that advertisement I give you business, what else is it you mean to undertake t Do you mean to say 11 Guaranteed by the State " u a sham, to induce ths publio to put business into the Trust Office for safety when there Is no meaning in it J— Certainly not. Then, you mean to say it guarantees, under the several conditions you advertise, business coming into the office ?— Guarantees the honest oarrying-out of business. What other interpretation oan you put upon it i To any of the publio reading that advertisement, can it have any other interpretation than the State is Hable tar whatever business they may put Into the hands of the Publio Trustee !— It may have that interpretation certainly,
bat the Act is greater than an advertisement. But, Mr Hamerton, the people do not see the Act; and if you go beyond the Act, the law will not excuse you. If you, as Public Trustee, go beyond and outside the Act, then if the colony is not liable you are. Will you admit that ?— I must admit I am liable for whatever I do, and for any losses that have been occasioned through my inattention or culpable neglect. And for going outside the Acts ?— Yes. Is not particular attention drawn to “Guarantee of State” in your advertisement ’— Yes. I am afraid it is too apparent, and it has never occurred to you before that yon ate either misleading the public or putting yourself in a false position. Is that not so ?— It has not so appeared to me. Do you not think you have either put the Trust Office in a false position or misled the public—which of them, a good deal of both!— Possibly so.
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Gisborne Standard and Cook County Gazette, Volume V, Issue 633, 14 July 1891, Page 2
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624Untitled Gisborne Standard and Cook County Gazette, Volume V, Issue 633, 14 July 1891, Page 2
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