Whereas James Dilworth, late of Remuera, Auckland, settler, deceased, by his last will dated 15 November 1894, probate whereof was granted by the Supreme Court of New Zealand at Auckland to the executors and trustees therein named on 1 February 1895, gave the residue of his real and personal estate to the said trustees upon certain trusts:

And whereas the said will contains, inter alia, directions for the erection of buildings and the establishment and maintenance of an institution (hereinafter referred to as the Dilworth School), which directions are set out in full in the preamble to the Dilworth Trustees Acts Amendment Act 1912:

And whereas by the Dilworth Trustees Act 1902, the Dilworth Trustees Act 1902 Amendment Act 1905, and the said the Dilworth Trustees Acts Amendment Act 1912, the said directions were amended and the powers of the said trustees extended as in the said Acts set forth:

And whereas the said trustees were on 28 March 1903 duly incorporated under the provisions of the Religious, Charitable, and Educational Trust Boards Incorporation Act 1884 with the name or title of the Dilworth Trust Board (hereinafter referred to as the Trust Board):

And whereas by section 4 of the Dilworth Trustees Acts Amendment Act 1912 the said trustees were empowered to erect the buildings for, and to carry on the work of, the Dilworth School and an industrial branch thereof upon certain land in the parish of Manurewa, described in the Schedule of the said Act, and were further empowered to sell any part or parts of such lands not required for the said purposes, and to invest the proceeds in the purchase of other lands to be held on the like trusts:

And whereas the Trust Board, pursuant to its powers in that behalf, has subsequently sold parts of the said land at Manurewa and invested the proceeds in the purchase of certain lands at Wiri, near Auckland, and holds the same on the said like trusts as appertained to the said land at Manurewa, and it is desirable that the balance of the said land at Manurewa and the said land at Wiri be released from any trust, either express or implied, with reference to such purposes:

And whereas, pursuant to section 3 of the Dilworth Trustees Act 1902 Amendment Act 1905, the Trust Board is at present carrying on the work of the Dilworth School on the land therein described, situated at Great South Road, Auckland, and it is desirable that the Trust Board should have power at its discretion at any time hereafter to erect the said buildings for the accommodation and work of the Dilworth School on such land or on any other suitable lands for the time being belonging to the Trust Board:

And whereas by section 6 of the Dilworth Trustees Act 1902 the said trustees were empowered to invest any of the trust funds of the said estate upon first mortgage of freehold lands in the Provincial District of Auckland and upon mortgage of leasehold interests in the lands belonging to the said estate, provided that no advance under any mortgage of leasehold lands should exceed three-fifths of the value of the lessee's interest in such lands:

And whereas it is desirable that the Trust Board should have extended power to invest its funds on mortgage of the lessee's interest in any of the said lands:

And whereas the said will contains the following further direction— namely, “I direct that the said Trustees shall pay annually to the Anglican Bishop of the Diocese of Auckland pertaining to the Church of the Province of New Zealand commonly called the Church of England the sum of 100 pounds in trust that it shall be equitably dispensed by him according to his best discretion for augmentation of the stipends or salaries of such clergymen having charge of rural parishes or districts of the said diocese as shall severally possess an income of less than 200 pounds a year and such sum is to be paid in equal half-yearly instalments the first whereof is to be paid within 6 calendar months after my death But I direct that the said Trustees shall cease to make such annual payment or shall diminish the amount thereof so soon as and according as they shall in their absolute discretion consider the then existing circumstances to be such that the said Parishes or Districts ought not to require such assistance for the support of their Minister”:

And whereas it is desirable that the discretion granted by the said direction for the dispensing of the said sum of 100 pounds should be extended.