Gill J:

This is an application by the municipal councillors of the Town and Fort of Malacca as trustees of the municipal fund established under s. 26 of the Municipal Ordinance (SS Cap. 133) for the determination of the following question:

(1)whether payment of the salary and allowances of the first defendant in accordance with the agreements made between the plaintiffs and the first defendant dated 5 December 1958 and 30 March 1962 in authorized under the Ordinance for the purpose of s. 29(p).

(2)Whether the first defendant or the second defendant or neither of them is lawfully empowered to exercise the statutory functions of the municipal secretary in relation to the municipal fund and more particularly under ss. 16(1) and 27(2) of the Municipal Ordinance (Cap. 133).

(3)If there is no lawfully appointed municipal secretary whether the councillors are or may be personally liable for any breach of trust arising from the absence of a lawfully appointed municipal secretary and if so whether this honourable Court may relieve such of the councillors as support this application from personal liability for the same under the provision of s. 60 of the Trustee Ordinance 1949 and