CHURCH PROPERTY.

Dominion, Volume 2, Issue 516, 25 May 1909, Page 11

CHURCH PROPERTY.

;;"; v; v!' ; 'MaNTEBESTiNG 'case,];';. :•■■ ■,';. ; ; ; ; \ . (jir. TEtEGUii'ii—niitss.'association.) \ ■:■■'■- ; v : I v •. ■ 7 v Ciirl3tchuroh, /May 24. ;' ■ : 'At the SupremeJ' Court Justice .Denriiston heard .argument , , in ah interesting: 'case '■■ in.-which, the' Church .Property Trustees applied for ft declaratory judgment under'tho Declaratory Judgments' Act, 1908, 'defining who "are tho .-persons entitled : "-to! certain Church property,'in what proportion,' the objject for'which ~the. property; is. held, powers:. of .•'. sale and reinvestment.■!'■;' Clirist's -.College',.' tho Bishop of Dunedin were the defendants, but counsel for the"; plaintiffs stated that all parties agreed to tlio --'definition.;',set!forth in tho statement of claim.. .. : : - ■:;•,■;:,,■•. -'.. "•;■ -•" :>.:^f^.<-' :V: His Honour raised the Question whether tho Attorney-General should hot have been given notice to be represented, and cited a similar .actionby tho Otagb University, in -respect .to the will of Mr. ; Beverley- as being of ,tho same character-as tlie present one.'; .. .. ; . i .•: ~ Plaintiffs': counsel hold that all. the parties .interested wore;represented, arid.''the mattdr did-not ! affect the public.',■■• ■'•■■■ ■•'" V '': . ; His Honour ■ remarked that the. Act under .which" action was taken 5 was a new departure ■in legislation,.and ho had to move carefully. , ■ vTlio same.:point'cropped up.. later v when plaintiffs'.. counsel -stated that the trust was a charity; his Honour -'.holding', that like, the .Otago: University it was-a public,charity, aiid thn Attorney-Gcneral-should bavo been cited. . Counsel contended, that it. was. a- .private charity, : and uuddrtook to po into the, , point later....-The case arose , oiit of trust properties :ift. relation, to which, there was'no deed of, trust, -biyt it was contended that the terms of _the trust, wero contained in certain letters ■written' by tho Itev., T. Jackson, -bishop designate of I/yttelten, and in 1864, by a ' Diocesan Commission .on the subject tho lands wero. allocated in different proportions •'•to.' various bbjects,' amongst thorn..boing sums for the purpose.of Christ's College and the diocese of Ofcigo, for. which, though hot tlien formed.'provision was made. .;.-...■' His. Honour said he had little doubt as to the. terms of the trust, but would, take timo ta consider other points. - . .