VOLUNTEERS AND A WILL.

Dominion, Volume 4, Issue 993, 7 December 1910, Page 4

VOLUNTEERS AND A WILL.

AN INTERESTING POINT. . - (By Telesrraph —Press Association.) ..•'-.. Dunodin, December 6. In the Supreme Court to-day, the City ■ Council proceeded, against Lieutenant/ Colonel Smyth and the Attorney-General, the. object .being -to', determine' Whethe* ■ upon a true/construction of the "will of the late Mr. Andrews and of the Defenca Act of IDO9, the trustees of the will for the benefit and advantage of Dunedm volunteers have lapsed or become inoperative owing to tlio passing of tho Defence;. Act, 1908, and the Defence Act, 1909, on otherwise. /The late Mr. Samuel Henxy : Andrews, left a will under which the Dunedin volunteers benefit'to the extent of betiveen .£IOO and .£2OO a year. In the event of the Dunedin volunteers being disbanded or ceasing to exist as-a regiment, the' property providing the trust funds is -to go to the city corporation. The case was heard before Mr. Justice Williams. Mr. W. C. Maegregor appeared for the City Council, and Mr.- J. F»' M.' Fraser for the defendants. Mr. M/Gregor argued that in New Zealand the change from the volunteers to territorials was a-change in status as' well as in name, whereas in Great Britainthe change was one in name only. The territorials no longer answered to the description of volunteers. Every man, with certain exceptions, was liable to compulsory service. Clearly the volunteer forco . as such had ceased to exist. ' ' • Mr. Fraser argued that "no volunteer corps formed before the. Act of 1909 had ceased to exist by virtue of that Act,'the effect of which had been to reorganise and rename them, but not to do av*ay with them. Tho Act provided that property . held bv a volunteer corps was still to be held by it under the name of a unit of the territorial force. Where legislature had intended that a corps! should cease to exist it said so in plain, terms. The only important differences :mado to the volunteers by the new Act were: (1) that they would not elect-their officers'below the rank of field officers; and (2) that they were made subject to military law. His Honour reserved decision.