THE TERRITORIALS.

Taranaki Daily News, Volume LIV, Issue 317, 5 July 1912, Page 2

THE TERRITORIALS.

AN IMPORTANT DECISION. By Telegraph—Press Association. Wellington, Thursday. A decision of importance to Territorial companies and disbanded volunteer corp3 was given by the Chief Justice, Sir Robert Stout, to-day. Asked by Captain Peach to adjudicate on certain property held by Harry Palmer and David Buiek as trustees for the Manawatu Mounted Rifle Volunteer Corps, His Honor delivered judgment as follows: The question raised in the originating summonses is what is to .become of certain property held by the trustees. The corps has not been formally disbanded, but it is contended that as it has become B Squadron of the 6th Manawatu Mounted Rifles Regiment, under the Defence Act, it has ceased to be a voluntary corps and has therefore been virtually disbanded. Assuming that this is a correct interpretation of the effect of the Defence Act, and the regulations made thereunder, I am of opinion that the provision of section (18 of the Defence Act, 1908, which is still in force, would have <to be followed. In the case cited of Andrews, Mayor of Dunedin, v. Smith, the property did not belong to the corps. All that the corps had was the income of property so long as it existed as a corps, and when it ceased to exist the gift no longer operated. This is not the case here. The property [belongs absolutely to the corps, and on the corps ceasing to be a corps the property must be disposed of, as the "unrepealed provisions of the Defence Act, 1008, provide. The other question is whether the corps has been disbanded. There has not been any disbandment of the corps as the Defence Acts provide. The .Defence Act, 10(10, however, declares that Volunteer Force becomes the Territorial Force, and that all provisions relating to the Volunteer Force are to continue, or to apply to the Territorial Force. There is provision for disbandment, but the corps has not been disbanded. Tt is true that it has been made something else—that is the Territorial force, and if there had been a condition of holding its property such as there was in the Andrew's case, it may be that the force, having been transformed into something else, the property misrlit have been lost, but this is not what has happened. In my oninion the property remains with it and is still that of the Manawatu Mounted Rifles, though that corps is part of the. Territorial forces. T must answer the first question as follows:—The Manawatu Mounted Rifles Volunteer Corps has not been disbanded, nor has it ceased to exist. If .Hint is so the properly remains in the trust of Hie trustees for the corn-. y-> order is made, each party to pay its own costs.