or rae Act 52, Georg m1, c. 101.
Trust Deed and of the 62nd George ILI, In the matter of the Parsee Cemetery chapter 101, intituled "An act to pro-Vide a summary remedy in cases of Abuses of trusts created for charitable purposes." And in the matter of a pet tion presented to this Court by Bapujee Pallanjeo La'erca and Burjorjec Cawayjee Sethna and filed the 24th day of May 1906. for the petitioners in the matter.
Mr. A. 8, P. White-Cooper appeared
this was ymmons for directions persons to be served with the The petition was as follows The humble petition of Bapujee Pallanjoo Lalexca and Burjorjee Cawasjee Bethna shower! follows 1. Your petitioners are British subjects and are the present trustees of a Poll of Settlement dated the 12th day of November 1872. south side of the Foochow Rosd, Shang shove-mentioned property in Sinza hai, registered in the booke for the Road and there is no record of the registration of land i His Britannic Majesty's Coneulate Gor objects for which it was purchased or 1 at Shanghai the source from which the purchase for No. 120 and containing im ares money was obtained, according to the title-deed thereof 11 9.—The anousl income arising from mow 4 fun 2 li 4 bao and the buildings then or thereafter to be erected thereon the property now subject to the Trast should at all times thereafter be deemed is about Tls. 5,400, and the amount to be the property of the Parsee Oomerequired for the upkeep of the Cometery and to and for no other use trust tery is about Tle.500, loaving at present or purpose whatever. To hold and pre: surplus of about Tls. 4,900 per serve the said land property and build annum, ing for the advantage and benefit of the 10,—The land now devoted to the aid Parsee Cemetery, to prevent trespass purposes of the Cemetery is amply Toss of rights of way, and in all ways sufficient for very many years to come. ud things to protect and keep the Your petitioners desire to obtain Parsee Cemetery and for no other use. id tty for the benefit of the to apply the surplus income ing from the Trust property to '3.—The said Parsee Cemetery Trust charitable, humanitarian, and beneficent Deed further provided for the appoint-purposes.
t of Trustees thereof, for the Your Petitionors Therefore Pray giving of receipts for monies, funds or (a) That the leases already granted securities for the limitation of the liabilof the property in the Foochow Rosd ity of the Teustoes, and the ps} ut of and the Sinza Road be approved by the exnonees they may incur la th this Court and that they may be a execution of the trast, but no power is liberty to enter into contract for the conferred thereby on the Trustees to letting on building losses and renewing Tease any part of the land not required and granting of bull leases oF for the Cemetery purposes, sud there is Joases at rack rents of such part of the no provision for the application of sur lands as are now lensed on such terms plus income arising from the Trust ind conditions as they think most property or the investment of Trust beneficial to the Trust and that they may be at liberty to enter into con-4.—In the year 1882 a portion of the reacts for the sale'or lotting on building jand not required for the purposes Toasos of the trast lands other than that of Comotory was, and same still situate in the Foochow Road aforesaid. is, lot joao, the present (b) And that @ proper sche: Tease being for a term of 10 years from be directed to be settled under the the Ist of January 1902 at a ground direction of this Court for the applica rent of Tsels 3,500 por annum, at the ion of the income arising from the expira i houses property and monies subject to the erected on the said land will become trusts of the Parsee Cemetery Trust the property of the Trustees of the doed and from the said Sinza Road pro-Parsee Cemetery Trust Deed. perty, and that provision shall be made "5.—Out of the rents arising from the in such scheme for the investments to property so leased the cost of the be authorised for investment thereon of upkeep of the Cemetery, inclu: the monies and property represen pairs, gardeners, and attendants, from time to time the azoumulated insurance, rates, taxes, and come of the trust property. been provided, but there has (c) And that your petitioners may be many years past, and still at liberty to propose a proper scheme and, increasing surplus of incom for the purposes aforesaid, therefrom and from thy income of the (a) Or that such other onder may be accumulation of rents and interest. made in the premises as to this honour-6.—The surplus income has been able Court shall seem meet. accumulated and invested from time to Mr. White-Cooper said that he bad time and the investments representing better indicate the line he was procoedthe same are now as follows ing on in thie case, Ho was procesdit (2) A sum of Tis, 30,430 invested on under Sir Samuel Romilly's Act fixed deposit with the Hongkong ud taking as a matter of precedent the Shanghai Banking Corporati and case of the Shrewsbury Grammar School, Chartered Bank of India Austral and which case was reported in 14 Jurist, 1850. The ease came on before the (2) A piece of land situate on the Court in 1849. (Counsel proceeded to Jesafield Road containing in area about road extracte,) Counsel thought th was no question that the case of a 7.—In addition to the above there is cemetery was more or less on the same piece of land situate on the Sinza lines as a school. Ho referred to the Road wi was purchased in 1863 for cate of Attorney General v. Blizzard, Tls. 760 and stands registered in the 1885 (21 Beavan, page 233). He said he thought that it could clearly be books for the own that this case came within the four corners of Sir Samuel Romilly's Act. There was no Attorney-General known as lot 619. The hove persons here but counsel took it his Lordship were the trustees of the Parsee cor would occupy the position of Attoraeyin the year 1863 and they General for the purposes of this Act all since deceased. This land had He took it this Act applied, with such always been treated s part of the modification as circumstances would Parsee Trust property in the same way require. as the Foochow Road property. A His Lordship—What would be the building lease thereof was granted on the 24th May 1897 of this land by the then " Trastees of the Parsee community fun or Cemetery fund" to proceoiiing at home?
Mr. White-Cooper—The course at home would be that the Attornesneral would have to approve the one Jin King-keo for a term of 20 po! jon before it would be put in. It
Text read from the printed page and cleaned; old type leaves the occasional error.