OLD VOLUNTEER PROPERTY.

Dominion, Volume 5, Issue 1484, 5 July 1912, Page 2

OLD VOLUNTEER PROPERTY.

WHAT OF IT NOW? Palmerston North, July 4. A decision of importance to Territorial companies and disbanded volunteer α-rps «: a , 3 given by the Chief Justice (Sir ltobert Stout) to-day. Asked by Captain Peach to adjudicate on certain property held by Harry Palmer and David Buick as trustee; for tho Mona-w-alu Mounted Kiflo Volunteer Corps, his Honour delivered judgment us follows:— "I'ho question raibed in the- criminating summons is: What is to become ofcertain property held by tho trustees? The corps has not been formally disbanded, but it id contended that as it has Iwcoino II Squadron of the Gth Mauawatu Mounted liiflco Regiment, under tho Defence Act, it has ceased to be a volunteer corps and has therefore boen virtually disbanded. Assuming that this is a correct interpretation of tho effect of the Defence Act and regulations mado thereunder, I am of opinion that the provisions of Section G8 of tho Defence Act of 1008, which is still in force, would have to be followed. .In : the case cited of Andro vs (Mayor of Dunedin) v. Smith, ,the property did not belong to the corps. All that the corns had was nn income of the property so long as it existed as u corps, and when it ceased to exist tho gift overoperated. This is not the rasa hero. The property belongs absolutely to the corps, and on (ho oorps ceasing to bo a. corps the property must bo disposed of as the imrepcalcd provisions of the Defence Act, 1908, provide. The other question is whelliOT the corps nos been disbanded. There lias not been any disbandment of corps as tlw .Defence Acts provide. The Defence Act if l!) 09, however, declared that a volunteer force becomes a Territorial force, and that all the provisions relating to a volnntecr force are to continuo or apply to a. Territorial force. There is provision for disbandment, but tho corps lias not been disbanded. True that it has been made somolhing else, that is, a Territorial forco, and if thero has been a condition of holding its property, such as was in tho Andrews case, it niay bo that tho force, having been transformed into something else, the property might havo been lost. But this is not what has happened. 11l my opinion tho properly remains with it; it is still Hint of the Manawatn Mounted Killes. though thai, corps is part of a Territorial force. 1 must answer the first question a* follows-.—The Manavalu Mounted Rides Volunteer Corps has not been disbanded, nor h.is it. ceased to exist. If that is so, the property remains in the (rust of the trustees for tho corps." No order was made, nnd encli party was ordered to pay its own costs.