[I] Charities-cy-pres doctrine-impracticable purpose-doctrine applied where main object of gift defeated by operation of discriminatory condition-"Agricultural Academy ... for education of male natives of Colony"-insufficient number of such natives defeats main object so gift extended to male natives of Protectorate: Where it proves impracticable to carry out a charitable gift because a discriminatory condition is attached to the gift, the strict application of which would defeat its main object, the cy-pres doctrine will be applied to remove the discriminatory condition. The main object of a gift for an "Agricultural Academy for the education of male natives of the Colony" is defeated by the application of the discriminatory condition if insufficient numbers of male natives are forthcoming from the Colony, and by the operation of the cy-pres doctrine the gift may be opened to male natives of the Protectorate too (page 15, line 1-page 16, line 17). [2] Charities-cy-pres doctrine-meaning-court substitutes object as near as possible to intention of donor for failed or impracticable object: Where the intention of the creator of a charitable trust has failed or cannot be carried out, the court may substitute another mode or object as near as possible to the intention of the donor (page 14, lines 22-28). [3] Education-educational charities and endowments-gift creating "Agricultural Academy .•. for education of male natives of Colony" -insufficient number of such natives means main object defeated by operation of discriminatory condition-cy-pres doctrine applied to extend gift to male natives of Protectorate: See [1] above. [ 4] Succession-wills-construction-"Colony" to be construed as area distinct from Protectorate: Although, since the creation of the Protectorate of Sierra Leone in 1898, certain portions of the Colony of Sierra Leone have been administered for executive and judicial purposes as being part of the Protectorate, the Colony has always been an area distinct from the Protectorate, and any reference to it in a will must be construed accordingly (page 13, line 31-page 14, line 6). The plaintiffs applied by originating summons for the construction of a will. The testator, by his will made in 1900, left money to trustees to found an agricultural college "for the education of male natives of the Colony." Due in part to a lack of candidates from the Colony, the work of the college had to be suspended. The plaintiffs, the present board of management, applied for the court to construe the will as relating to male natives of the Protectorate as well as male natives of the Colony. The plaintiffs contended that: (a) in 1900 when the will was made, the word "Colony" included the Protectorate, and the will should be construed accordingly; or (b) under the cy-pres doctrine the grant should be extended to admit to the benefit of the trusts of the charity male natives of the Protectorate. Case referred to: (1) In re Dominion Students' Hall Trust, Dominion Students' Hall Trust v. Att.-Gen., [1947] Ch. 183; (1946), 176 L.T. 224, dicta o£ Evershed, J. applied. R.B. Marke for the plaintiffs. The defendant appeared in person. BEOKU-BETTS, J.: This is an application by originating summons on behalf of the members of the board of management of the Samuel Benjamin Thomas Agricultural Academy for the determination of the following questions, namely: whether the word "Colony" in paras. 10, 11, 12, 13 and 14 of the will of Samuel Benjamin Thomas (deceased) should be understood in relation to the date of the said will and the objects referred to in those paragraphs of the will as having the meaning which the word "Colony" has today, or as having the meaning it had in the year 1900; or, in the alternative, whether the benefit granted by paras. 10, 11, 12, 13 and 14 of the will should be extended to male natives of the Protectorate of Sierra Leone. Learned counsel on behalf of the plaintiffs-the board of management of the charity-submitted that the word "Colony" in the year 1900, when the will was made, included the Protectorate. That is historically incorrect. Before the Protectorate was declared in 1898, the portions of the territory now known as the Protectorate formed no part of the Colony. The Protectorate was declared in 1898 and it left unaffected the area known as the Colony, although since that date certain portions of the Colony have been administered for executive and judicial purposes as the Protectorate. Counsel referred to the fact that the first legislation for the Protectorate was declared as such by an Order in Council of the Queen in Council and not by the Legislative Council, which subsequently exercised certain rights of making laws for the Protectorate given to it by the Queen in Council. In my opinion, the word "Colony" in Sierra Leone has always meant an area distinct from the Pro5 tectorate, and that meaning must be given to it in the relevant paragraphs of the will. The next question is whether the cy-pres doctrine can be made to apply in this case so as to admit to the benefit of the trusts of the charity male natives of the Protectorate. In para. 13 of the 10 will, the testator provided that the trustees-"build . . . an Agricultural Academy or College with the necessary appurtenances and out-houses ... for the education of male nativ,es of the Colony aforesaid in the theory and practice of profitable farming and agriculture etc." In paras. 10, 11 and 14 "natives of the Colony" were 15 clearly designated. The scheme of the charity would thus be seen to be for the education of male natives of the Colony, and by the accepted and correct definition of the word "Colony" male natives of the Protectorate would be excluded and could not benefit from the trusts. 20 The application is that this is a case where the cy-pres doctrine should apply, and that the court should enlarge the objects to benefit and include male natives of the Protectorate. The cy-pres doctrine is the exercise of the jurisdiction of the court that in the administration of a charitable trust, where the intention of the donor 25 has failed or cannot be carried out, it should substitute another mode or object as near as possible to the intention of the donor. The primary rule is that the intention of the donor must be observed as far as possible. The doctrine as it stood originally was that if the charitable 30 purpose prescribed by the donor takes effect in the first instance but subsequently fails, as by the abolition of a particular form of punishment, or the extinction of a particular class to be benefited, then the doctrine should be applied (see 4 Halsbury's Laws of England, 2nd ed., at 224). On that law there must be evidence 35 that male natives of the Colony have ceased to exist. This is not the case put forward by the applicants. The application is that although male natives of the Colony have not ceased, they are not forthcoming as students to benefit from the trusts of the charity in sufficient numbers, and that the work of the 40 Academy had to be suspended owing, among other reasons, to the insufficiency of the number of candidates from the Colony.  The cy-pres doctrine is now extended to include persons, who if excluded, would create an undesirable and unnecessary discrimination. In the case of In re Dominion Students' Hall Trust, Dominion Students' Hall Trust v. Att.-Gen. (1), a company limited by guarantee maintained a hostel for male students of the overseas dominions of the British Empire. The benefits were restricted to students of European origin. On application to delete the words "of European origin," the court granted the petition on the ground that to retain the condition that the hostel should be confined to members of the British Empire "of European origin" might defeat the charity's main 10 object of promoting community of citizenship, culture and tradition among all members of the British Commonwealth of Nations, and might antagonize both white and coloured students. It was therefore "impossible" within the meaning of the word used in the authorities, that the intention of the charity should be carried out 15 unless the "colour bar" was removed. Evershed, J., in delivering judgment, said, inter alia ([1947] 1 Ch. at 186; 176 L.T. at 224): "It is not necessary to go to the length of saying that the original scheme is absolutely impraCticable. Were that so, it would not be possible to establish in the present case that the 20 charity could not be carried on at all if it continued to be so limited as to exclude coloured members of the Empire. I have, however, to consider the primary intention of the charity. At the time when it came into being, the objects of promoting community of citizenship, culture and tradition 25 among all members of the British Commonwealth of Nations might best have been attained by confining the Hall to members of the Empire of European origin. But times have changed . . . and it is said that to retain the condition, so far from furthering the charity's main object, might defeat it and would be 30 liable to antagonize those students, both white and coloured, whose support and goodwill it is the purpose of the charity to sustain. The case, therefore, can be said to fall within the broad description of impossibility illustrated by In re Campden Charities and In re Robinson." 35 The present application before me may be stated to be supported on the same principles. When the will of the testator was made, it was possible to provide for the education of males of the Colony in the theory and practice of profitable farming and agriculture without including male natives of the Protectorate. In all probability 40 in the year 1900 very few male natives of the Protectorate couldhave enjoyed the benefit of the scheme. But today times have changed. It is of the essence of the promotion and furtherance of education in any form in Sierra Leone, whether in the Colony or the Protectorate, that there should be no discrimination between 5 male natives of the Protectorate and male natives of the Colony. To continue a scheme which perpetuates such a discrimination is to antagonize the people of the Protectorate in respect of those of the Colony, more especially as the property is situated in a portion of the Protectorate where the support and goodwill of the people of 10 the Protectorate is necessary. There is evidence that to restrict the membership to male natives of the Colony would also have the effect of defeating the object of the charity, as students from the Colony are not forthcoming in sufficient numbers. In the circumstances I make the order and modify the scheme or objects of 15 the charity by substituting the words "male natives of Sierra Leone," meaning both the Colony and the Protectorate, for the words "male natives of the Colony" in paras. 10, 11, 13 and 14 of the will. The costs of this application are to be taxed as between solicitor and client and paid out of the estate. 20 Application granted.