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 26

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14. No school confined to the object of training native

clergy and teachers has ever existed on the site even in the

time of the original founder except for the brief period

between 1900 and 1909, but the preliminary education necessary

for this purpose has been furnished to many Chinese boys by

St. Paul's School, the Headmaster of which is appointed by

the Warden.

15. The Warden's residence is now hopelessly in disrepair and

there are no funds to rebuild it.

16.

Under the terms of the trust as at present constituted no

part of the land can be sold. At the time the trust was

constituted the land was of less value but the original grant

from the Crown was made for the purpose as well of endowing as

building a school though this purpose seems to have been lost

sight of when the trust deed was drawn, since the statutes

clearly give no power to sell any part of the land.

17. It is desired to sell that part of the site upon which

the Warden's residence stands and to raise thereby funds

sufficient to provide for a finishing school for native clergy

on the site under the immediate supervision of the Warden and

to provide for preliminary training in other Church Schools

Colleges and Hostels in the Diocese.

18. The part contains approximately 17,000 square feet and is

valued at $255,000. and the building is valued at $20,000.

19. The assistance of the Court cannot be invoked because

Your Petitioner is advised that since the objects of the trust

are not impossible the Court will not intervene to vary them

and that although normally in a case of necessity the Court

would authorise the sale of a portion of the trust property

for the benefit of the charity it cannot do so in the present

case because the Court cannot eliminate a restrictive covenant

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