COURT OF APPEAL.

Taranaki Daily News, Volume XXXXIII, Issue 60, 30 March 1901, Page 3

COURT OF APPEAL.

SOHBME FOR A NATIVE 80H00L, (PBB PBKSS ASSOCIATION). Wellington, March 29. Argument is concluded and judgment reserved in the case, Union 8. S. Co. v. Jakins and Bower. Tne cass of the Solicitor-General v. Wallis and others, is now being argued. This is a case in which a decree w*s seme time ago made by the Chief Justice and Justice Edwards for administration "cypres" {i.e. applying the money af nearly as possible to the one speoified, when the original trust has become impracticable) of the trust of lamds near Porirua ceded by the natives and granted by tho Grown many years ago for tb* purpo«es of a native schorl at Porirua. Owing, originally, to want •f funds, and, subsequently, to a decrease in the native population in the neighoourhood, bo Echool was ever established. A fund of about .£7OOO has bow accumulated from rents of land, and the Trustees have applied te the Supreme Court for approval of a scheme of administration of the land and fund on the ground that the original trust could not be carried out owing to the deoreise in the native population in the Porirua district. The sebeme proposed by the Trustees was resisted by the Solicitor-General on behalf of the Crown, but the Chief Justice and Mr Justice Edwards approved the variation of the same, and made a deoree for administration cypres. Under the deerea so made the inceae from the lands and accumulated fund were directed to be appli d to the maintenance and education of Maori pupils at a native school about to be established in the Wairarapa aider a similar trust, preference to be given to natives from the West Coast of the North Island, and especially to natives of the Ngatitoa tribe, by whom the land at Porirua was originally oeded. The Bjliciior-General appeals against this deeision, on the ground that no esse was made out for administration "cypres" by the Court, and that tb* matter should be left to the Crown as grantor of the land, and also oa the ground that in any case the money should not be diverted to the Wairarapa school. Messrs. H. D. Bf 11 and Myers are appearing for the Soli-citor-General, and Messrs. Quick and Tolhurst for the trustees. The Judges are Justices Williams, Dennisttto, Conoily, and Coopsr.