406 
The N.Z. Journal of Science and Technology. 
[Dec. 
they publish. Incidentally, I notice that the substituted scheme purports to be 
published by the authority of “ The Trustees of the Cawthron Institute of Scientific 
Research,” Nelson. It must be borne in mind that the official title of the institution 
as settled by the testator is “The Cawthron Institute” simply, and it would be well 
to keep to that title, whatever descriptive matter may be separately added. 
Under the amended scheme certain essentials are to be observed, thus :— 
“1. Every candidate for the Minor Scholarship must sign a document embodying 
the following conditions :— 
“ (1.) That he is a British subject, 
“ (2.) That in the event of his being a successful candidate he will forthwith 
matriculate at a University college and study for the B.Sc. degree of the 
University of New Zealand. 
“(3.) That he will, after graduation, accept (if offered) a Cawthron Scholarship 
of £150 per annum and pursue his studies for not less than two years at the 
Cawthron Institute. 
“ 2. The Minor Scholarship shall be awarded on the science papers of the University 
Scholarship Entrance Examination. 
“ 3. Candidates may sit for the examination in scientific subjects only—viz., 
mathematics, physics, chemistry, and botany. The two papers in physics shall count 
as one subject. The marks to be awarded for each of these subjects shall be the same ; 
and a candidate may take not less than two or more than three of these subjects. 
“ 4. The marks obtained, together with a criticism of the work of the first three 
candidates in each subject, shall be forwarded to the Advisory Board. The Board shall 
then recommend that candidate for election who appears to give the greatest promise 
of being useful to the Institute. 
“ 5. Preference in the selection of a scholar shall be given ( ceteris paribus) to candi¬ 
dates from Nelson and Marlborough. 
“ 6. The Minor Scholarship shall be of the value of £80 per annum plus the fees 
for attendance at University classes up to the amount of £25 per annum. The tenure 
of the Scholarship shall be three years ( quam diu se bene gesserit). 
“7. If in the opinion of the trustees it is deemed advisable that the candidate 
should remain at the University college for a fourth year they will extend the Minor 
Scholarship for a fourth year ; but this year shall not count as one of the years at 
the Cawthron Institute.” 
To paragraph 5 the same objection is raised as was raised to the original scheme, 
and I think that that objection must prevail. If the trustees were at liberty to narrow 
the scope of the trust in this way by giving a preference to Nelson and Marlborough 
scholars it might be open to them to narrow it in more objectionable ways. There is 
nothing to suggest that such a preference was contemplated by the testator, and I do 
not think that the trustees can fetter themselves in this way. 
The other question is a more difficult one. It refers to the same supplemental 
regulations. The Solicitor-General argues that it is not competent for the trustees to 
subsidize a student of another college—that if there is to be teaching the trustees must 
provide for their own teaching. The argument in effect is that paragraphs 6 and 7 
authorize expenditure beyond what was contemplated by the testator when founding 
a school or an institute. I have come, with regret, to the conclusion that this objection 
must prevail. It was probably contemplated by the testator that the institute and 
school would have a local habitation at Nelson ; it was necessarily contemplated by him 
that it would be locally fixed somewhere. If the trustees could carry out this part of 
the proposed scheme, involving delocalization and dispersal not merely of the institute 
but of the school, it is difficult to say where they could be compelled to arrest the process. 
One can imagine the introduction of a system of administering the trust on these lines 
which would make it less and less like the institute contemplated by the testator. 
I come to this conclusion with regret because I can see that on its merits there is 
much to recommend the proposal, calculated as it is to facilitate finding and fostering 
young aspirants of the type best calculated to advance the interest of the Institute. I 
cannot but see, however, that it involves too great a straining of what we know from 
the terms of the will-—and to that source alone we are entitled to look—to have been 
in the testator’s contemplation. 
1. In my opinion the first question put by the summons cannot be specifically 
answered, but a sufficient answer appears in what I have said with reference to the 
second. 
■ 2. The answer to the second question is that the trustees are empowered by the will 
to establish an institute having for its present object scientific research upon the lines 
indicated by the report of the Commissioners filed in this proceeding, but subject to 
the objections I have indicated. 
The costs of the Attorney-General are fixed and allowed at £31 10s. The costs of 
the trustees are allowed, after taxation, out of the estate. 
