A FRIENDLY SUIT.

Press, Volume LIV, Issue 9763, 26 June 1897, Page 9

A FRIENDLY SUIT.

(PRESS ASSOCIATIOS TELKCJRAM.) AUCKLAND, June 25. , At the Supreme Court to-dayafriendly unit in connection with a fund instituted in 1853 for the building of a stone church in the , parish of St. Matthew's, canje before his Honour Mr Justice Conolly. The plaintiffs are tho Rev. Lyttelton Fit-Gerald, vicar ol

gt. Matthew's Church and parish, Messrs T. P. Doonen and Frederick Whitehead, churchwardens, and the Vestry ; and the defendants are Messrs James Burtfc and Win. S. Cochrane, trustees of the fund. Mr Theo. Cooper appeared for the plaintiffs, and Mr Cotter for the defendants. The atateuientof claim set out that in the year 1853 a fund was instituted for the building of a stone church for the celebration of divine service in the parish of St. Matthew, and that contributions had, from time to time, been made to the fund, and the money belonging thereto had been from time to time invested on mortgage on freebold security in Auckland. The statement of claim alao sets out resolutions passed at meetings of parishioners held on 30th July, 1896, and 16th November, 1896, at which the vestry of Ht. Matthew's for the time being and the trustees under the deed of trust were appointed a Building Committee in connection with the erection of a stone church. The plaintiff- asked that it may be declared and decreed by the Court, that the time had arrived for the erection on the Eite of the stove church. That the Budding Committee have power to cause plans and specifications to be prepared and tenders called, and that the defendants may be ordered to apply the trust funds in payment thereof ; that the Building Committee may obtain all necessary furniture.

In the statoment of defence, the defendants denied that meetings of the parishioners were convened or held, or that resolutions were passed, or the persons mentioned had been appointed to be a Building Committee. It was also denied that the plaintiffs had any power or right to bring the action. Air Cooper, in opening, said the suit was brought by the vestry of St. Matthew's Church, who sued on behalf of the parish and parishioners. A fund for the establishment and building of a stone church in the parish was instituted many years ago. The Buit was a friendly one. It was brought for the purpose of obtaining from the court a declaration as to the rights of the parties, and as to whether the lime had arrived for the building of a stone church. Mr Cooper then read the pleadings, which wore of considerable length, and made explanations. He said that the last balance sheet in 1896 showed that the fund had accumulated, aud it might be now put down at £26,000 roughly speakiug. This great sum was the growth" of an original fund of £600, started in 1853. Tho original trustees wore dead, and Messrs James Burtt and W. S. Cochrane were the present trustees of the fund. The present wooden church was falling into decay. Mr Cotter said hia Honour would be asked lo decide whether or not the trustees were the persons to erect the church. The trustee? v/ero willing to admit that the time had arrived for the erection of a stone church, but they held that they were the persons to erect it. He (Mr Cotter) and Mr Cooper had tried to come to some arrangement that the Vestry should appoint four persons, and in addition to themselves the trustees should appoint two, and that those eight should appoint a ninth man, or that nis Honour, or the Bishop, should do so. Mr Cotter further said the trustees wished to keep on the Committee and see that the trust money was properly speut. He pointed out that when the stone church fund was formed, a fund was also started for a peal of bells. The parish took a loan of £500 from this bell fuud, and the parish still owed the bell fund this amount. The Trustees, therefore, wanted a say in the erection of the church. He pointed out that demand had been made to the trustees for money for other purposes than erecting the church. Efforts had been made to appropriate £10,000 of tho trust for a parsonage, and the balance for an endowment. His Honour said this could not be done. After a series of proposals and negotiations, it was announced", at 2 p.m,, that an arrangement had been come to. The Committee appointed by his Honour is as I follows •.—Archdeacon Dudley (Chairman), I with an original casting vote, the Vicar of St. Matthew's for the time being, the Trustees for the time being, and two persons appointed by the Vestry from time to time. His Honour decreed as follows :—-That the time has arrived for the erection of a stone church for St. Matthew's, to accommodate 1200 persons, that the funds are sufficient, that the words " atone church" apply to the foundations and walls only, the roof to be covered with slates, and that nil necessary furniture be included, viz., lectern, seating accommodation, pulpit, Communion table, stone font, altar rail and screen, fittings for lighting, and such other-furniture that may be required for the proper observance of woiship; also, a stone fence or other enclosure. The trustees of the fund, from time to time, shall provide the said fund for the above purpose. His Honour ordered the costs of the suit to be taxed on the highest scale between solicitor and client, tone paid" out of the fund, and that all Sarties must apply to the Court for further irections.

Mr Cotter said the office of the trustees would not cease, they would continue for the purpose of getting in the fund.