CO129-568-11 Ronald Hall bishop of Victoria- petitions that land held in trust for a school- should... 20-4-1938 - 29-4-1939 — Page 16

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as a superimposed trust, or a trust within a trust.

In 1923, in order to enable the conversion of

servants' quarters and domestic offices into a gymnasium,

two class rooms, a vestry and latrines, for the purpose of

enlarging St. Paul's College, Government advanced an

educational building grant of $8,300 under the Grant Code,

and took a Declaration of Trust from the Archbishop of

Canterbury, binding him to use the premises for educational

purposes only, and providing that if at any time he or his

successors should repay the sum of $8,300 the premises should

"stand freed and discharged from the trusts hereinbefore

declared and contained".

In the event of this sum of $8,300 being repaid the

title could be cleared of this subsidiary trust without

amendment of the Ordinance, much in the same way as a

mortgage could be cleared off on repayment of the mortgage

debt; in fact, this subsidiary trust is rather similar to

a second mortgage, the original trust of St. Paul's College

corresponding to a first mortgage, which would remain in

force after the subsidiary trust had been discharged.

It would not however appear that the gymnasium

class rooms etc. would be on the section which the Petitioner

wishes to sell, and accordingly I do not think that this

aspect of the matter need be considered in the meantime.

TB. Obytes with

Land Officer. 29.8.38

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