PARSONAGE SITES.

Waikato Times, Volume 99, Issue 16545, 14 July 1925, Page 5

PARSONAGE SITES.

FRANKTON CLAIM SUCCEEDS.

DIVISION OF FUNDS,

NO SUGGESTION MADE.

An interpretation of the Hamilton Parsonage Silo Act, 1904, affecting Hie disposition of surplus Church of England income at Hamilton was given in a judgment delivered by Mr Justice Reed in the Supreme Court yesterday.

At the hearing of the case Mr V. •Hubble appeared for the church trustees at Hamilton, Professor R. M. Algie for the vestry of St. George's Church, and Mr H. P. Richmond . for St. Peter's Church. The point at issue was the moaning of the phrase in the Act providing for the expenditure of moneys for "general church purposes at Hamilton." , In his judgment, Mr Justice Reed said lie was of opinion that expenditure from the trust funds, upon objects situated outside the actual boundaries of Hamilton Borough in 1904, was authorised by the terms of the Act., provided always that such objects were for the purposes of the Church of England and reasonably could be said to be situated in the locality <>( Hamilton. As St. George's Church was within the present boundaries of the Hamilton Borough it was as much at Hamilton as was St. Peter's.

His Honour concurred with counsel that the question in the summons could nol. he considered from the point of view or parochial districts. Ivor could he suggest how the available funds should !>,. divided The trustees had a discretionary'power to allocate lhi.se funds fo r the general purposes .of the Church of England They must do so, for the purposes of that church, in the Hamilton district and fheir honest exercise of Ihatpow- < r could not be interfered with By agreement between the parties costs are to be paid out of the funds.