by the testator (but without any binding obligation) that the parish of St. Marylebone should be the scene of the benefit or, alternatively, the town of Kilmarnock. It was urged that, inasmuch as the gift could be applied to a private charity and also for the purposes of a benevolent institution, the type of object was so vague and indefinite as to be outside the scope of a charitable gift. The Master of the Rolls, after repeating the familiar words of Lord Macnaghten in Commissioners for Special Purposes of Income Tax v. Pemsel (1891) A. C., at p. 583) as to the four divisions within which charities are, in their legal sense, divided, added that, in his view, the relief of illnesses of certain people would be truly and legally under the heading of charitable objects. In regard to the special difficulty arising out of the testator's use of the words "benevolent institutions," the Master of the Rolls held that they were subsidiary to the generality of the bequest and not in detraction from the testator's dominant intention to commemorate his wife's memory and to help objects of a charitable nature. The absence of a general charitable intention, after the particular purposes of the bequest had failed, led to the case of Re Stanford; University of Cambridge v. Attorney-General (130 L. T. Rep. 309; (1924) 1 Ch. 73), where Mr. Justice Eve had to deal with a will giving a sum of £5000 to the University for the continuance and publication of a certain dictionary. After so doing there was left a balance in hand, and the plaintiffs sought the opinion of the court as to its destination. Mr. Justice Eve held that the University could not claim it, for it was impossible to urge that the bequest was one with a mere condition to publish a book, and that this being done, the plaintiffs could take the balance beneficially. It was further held that there was no room for invoking the cy-près doctrine, since there was no general charitable intention. In the event, therefore, it was held that there was a resulting trust through the testator to those claiming under him. Another decision by Mr. Justice Eve is worth special notice. This is the case of Re Rosenblum ; Rosenblum v. Rosenblum (131 L. T. Rep. 21), where there were three gifts challenged as invalid. There was a legacy to the projected Jewish University in Jerusalem for its general purposes. This was held to be valid, and there was a gift of a freehold house as an orphanage house where Hebrew was to be taught as a living language. This was also treated as a charitable gift and a scheme was ordered cy-près. There followed a gift of the residue to the Jewish National Fund. difficulty arose here as to the destination, but there was evidence that this title was not infrequently assigned to the Judische Nationalfonds-a limited company. Mr. Justice Eve observed that the will did not contemplate that the testator's family should participate in his benefits except in so far as they should take an advantage of a codicil which would enable them to go to Palestine and settle there and assist in the work of colonisation. This gift also was held valid. There is an important decision of the Privy Council in which "repatriating" appeared as an object of a testator's benevolence. Verge v. Somerville (131 L. T. Rep. 107; (1924) A. C. 496) came from the Supreme Court of New South Wales in equity. A resident therein bequeathed his residue "unto the trustees for the time being of the Repatriation Fund or similar fund for the benefit of New South Wales soldiers." Australia had made some statutory scheme by way of a repatriation fund, but it was for Australians in general on their return from service after the war. Lord Wrenbury, who pronounced the court's judgment, regarded "repatriation" as a charitable purpose, but as no such fund existed as the testator had indicated, the court thought that a scheme would require to be settled to deal with questions of administration.

(To be continued.)

THE CONVEYANCER

Agricultural Credits for 1923

A

THIS Act, which has the attractive title of "An Act to facilitate the advance of money, and the grant of credit for certain agricultural purposes, and to amend the Improvement of Land Act 1864, and for purposes connected therewith," is of great importance to certain farmers who may have borrowed money from their bankers, or others, on mortgage of their farms, and whose mortgagees are calling up their money, as the Act enables the farmer to borrow money from the Public Works Loan Commissioners on favourable terms, upon

"recognised mortgages." A recognised mortgage must comply with the following conditions :- (a) A borrower must be a person who has agreed to purchase the land comprised in the mortgage, not earlier than the 5th April 1917, nor later than the 27th June 1921, or the heir, devisee or representative of such a person; (b) the land must be wholly or mainly agricultural land; (c) the amount secured must not exceed 75 per cent. of the value, as ascertained to the satisfaction of the commissioners, or exceed thirty times the annual value of the land, as ascertained for the purposes of Sched. A.; (d) the rate of interest must not exceed such rate as the Treasury may prescribe; (e) the amount secured, with interest thereon, must be repayable within sixty years, by equal yearly, or halfyearly instalments of the principal, with interest on the amount outstanding, or by equal yearly, or half-yearly, payments of principal and interest combined; (f) the land must be freehold or copyhold, free from encumbrance, other than a land improvement charge, or other charge having priority by Act of Parliament. It will be observed that the amount which may be advanced, viz., 75 per cent. of the value, is far higher than an ordinary mortgagee would be likely to lend. The Act, which is already in work, also provides for advancing money to approved associations, that is, associations approved by the Treasury for the purposes of the Act, and which do not trade for profit, for the purpose of making advances on mortgages under the Act. The Act also authorises the Minister of Agriculture and Fisheries to promote the formation of Agricultural Credit Societies, that is, societies registered under the Industrial and Provident Societies Act 1893, having for their object the making of advances to members of the society, repayable within a period not exceeding five years, for agricultural purposes; and such advances may be made, without any security, on real or personal property, up to a certain amount. The Act also amends and extends the Improvement of Land Act 1864. The whole Act is well worth the attention of solicitors, particularly of those practising in agricultural districts.

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at

under the chairmanship of the said C. D. AND WHEREAS at the meeting a resolution was passed approving of the said rules and general regulations and of the draft of these presents and authorising the said C. D. to execute this deed for the purpose of testifying the assent thereto of the subscribers

AND WHEREAS it is intended that immediately upon the execution of these presents the said sum of £x shall be transferred to the trustees

Now IT IS HEREBY AGREED AND DECLARED AS FOLLOWS: 1. The trustees shall hold the said sum of £x and the investments for the time being representing the same (hereinafter referred to as "the trust fund ") upon trust to invest the said sum of £x in the names of the trustees (subject to the provisions of par. 9 hereof) in any manner authorised by law for the investment of trust funds

2. The main object of the trust fund shall be to provide for the sick poor of the parish of nursing at their own homes free of charge and it is a part of such object that in

administering the trust fund or the income thereof no distinction based upon religious belief or practice shall be made

3. Subject to the provisions hereinafter contained the trustees shall pay the annual income of the trust fund to the treasurer of the Institution for the time being whose receipt shall be sufficient discharge to the trustees and they shall not be bound to see to the application of the money paid to him

4. The rules and general regulations of the Institution as set forth in the schedule hereto may be altered from time to time without disentitling the Institution to receive the income of the trust fund provided that as so altered they are not at variance with the main object of the Institution as hereinbefore defined

5. If the rules and general regulations of the Institution shall be so altered as to be at variance with the said main object the trustees shall cease to pay the income of the trust fund to the treasurer of the Institution, but the trustees shall not be bound to interfere with the affairs of the Institution further than shall be necessary for the purpose of determining whether any such alteration has been made

6. It shall rest solely with the trustees to determine whether the Institution has at any time become disentitled to receive the income of the trust fund

7. If the Institution ceases to exist or becomes disentitled to receive the income of the trust fund the trustees shall apply such income in such manner as they shall in their uncontrolled discretion think fit for promoting the main object of the Institution and for that purpose may pay such income to any suitable society or institution or the treasurer thereof without being bound to see to the application of the moneys so paid

8. The trustees may at any time with the consent hereinafter mentioned divert the trust fund and the income thereof from the main object as hereinbefore defined and apply the same for any secondary object as hereinafter defined If at the time when such diversion has been resolved upon and such consent obtained the income is payable to the treasurer of the Institution such income shall thereupon cease to be so payable

9. The consent to be given for any diversion of the trust fund as in the last preceding paragraph mentioned shall if the Institution is at the time in existence and entitled to receive the income of the trust fund be the consent of twothirds of the members of the society for the time being resident in the United Kingdom and in any other case that of the Urban District Council of aforesaid

10. The trustees may select as a secondary object of the trust fund any charitable object designed to benefit the inhabitants of the parish of aforesaid provided that in carrying out such object no distinction based upon religious belief or practice shall be made

11. The trustees may themselves apply either the capital or the income of the trust fund for the purpose of such secondary object or they may pay over the trust fund to any corporation society institution or body of trustees to be applied by them for the same purpose and the receipt of such corporation society or institution or of their treasurer or of such body of trustees shall be a sufficient discharge to the trustees of these presents who shall be in no way concerned with the future application of the trust fund Provided however that the trustees of these presents shall not so pay over the trust fund unless they are satisfied that a scheme has been established for the application of the trust fund in accordance with the selected secondary object and that such scheme insures that in administering the trust fund no distinction based on religious belief or practice shall be made Such scheme may provide for the disposition of either the capital or the income of the trust fund or any part thereof respectively and may contain a power to divert the trust fund similar so far as practicable to the power contained in these presents

12. The statutory power of appointing new trustees shall so long as the Institution exists and is entitled to receive the income of the trust fund be exercisable alternatively by the Institution and the said district council and for this purpose the appointment of each new trustee shall be treated as a distinct appointment notwithstanding that there are several vacancies at the same time The first appointment shall be made by the Institution If the Institution ceases to exist or to be entitled to receive the income the said power of appointment shall be exercisable solely by the said district

council Upon the occurrence of any vacancy the continuing trustees shall as soon as practicable cause notice of the vacancy to be sent to the Institution and to the said district council stating by whom the vacancy is to be filled or to the district council only if the Institution has ceased to have the power of appointing new trustees

13. Only persons residing in the County of

shall

be eligible for appointment as trustees and in the event of any trustee ceasing to reside in the United Kingdom the statutory power of appointing a new trustee in his place shall be exercisable

14. The number of the trustees of these presents shall not be less than three nor more than seven If at any time there are fewer than three trustees they shall not be competent to act in the trusts of these presents except for the purpose of procuring the appointment of new trustees

15. Subject to the limits specified in the preceding paragraph the institution and the said district council jointly (so long as they have alternately a power of appointing new trustees) and subsequently the said district council solely shall determine the number of the trustees of these presents for the time being and in accordance with such determination vacancies shall be filled up or additional trustees shall be appointed as the case may require Additional trustees may be appointed whether there is at the time a vacancy in the trusteeship or not

17. Any question relating to the execution of the trusts of these presents which arises at a meeting of the trustees may be settled by a majority of those present provided that such majority consists of not less than three trustees and the whole of the trustees shall do anything necessary to give effect to the determination of the majority

18. Any investment of the trust funds may be placed in the names of some only of the trustees if it is not practicable or convenient to place the investment in the names of all of them but the number of the trustees holding the investment shall not be less than three Any two trustees shall be able to give a receipt for the income of the trust fund

19. The trustees may deposit any deeds securities or instruments held by them as trustees of these presents with any bankers or any firm or company for safe custody and may out of the income pay any sum payable for such deposit or custody They may also while seeking for an authorised investment deposit the trust fund at any bank whether at interest or otherwise as may be deemed expedient.

20. All the trusts powers and authorities hereby given to or vested in the trustees shall (subject to par. 15 hereof) devolve upon and be exercisable by the trustees for the time being of these presents.

NOTES OF NEW DECISIONS

By Our Reporters in the Several Courts

KING'S BENCH DIVISION Arbitration—Arbitrators—Quasi-arbitrators—Valuers and surveyors-Appointment as valuers for vendor and purchaser— Duty to exercise impartial judgment between the partiesAction for negligence.

The defendants were a firm of surveyors and valuers, and the plaintiff was the vendor of certain growing timber. By correspondence between the plaintiff and the defendants and between the purchaser and the defendants, the defendants were appointed as valuers to value certain timber. The plaintiff claimed damages from the defendants for negligence while acting as his agents in valuing the timber sold by him. The plaintiff alleged that the defendants had failed to measure the trees properly, and that the plaintiff had, in consequence, received much less for the trees than their true value. The defendants pleaded that by the correspondence above mentioned the plaintiff and the purchaser had appointed the defendants as arbitrators or quasi-arbitrators to value the timber, and that the plaintiff had agreed to accept their decision as final and binding. The action came on before Greer, J., who found as a fact that the defendants were to hold the scales between the plaintiff as vendor of the timber and the purchaser thereof.

Held, that no action for negligence would lie against the defendants, who must hold the scales impartially between the parties, and they must be able to exercise their judgment free from any fear of an action for negligence. The rule extended to arbitrators and quasi-arbitrators, the test being whether the defendants were under a duty to exercise an impartial judgment between the parties. As the defendants in this case were under a duty to exercise their judgment between the two parties impartially, the action failed.

[Boynton v. Richardsons. K. B. Div.: Greer, J. July 21 and 23.-Counsel: Sir Henry Maddocks, K.C. and P. Sandlands; H. J. Rowlands. Solicitors: Waterhouse and Co.; Routh, Stacey, and Castle, for Stapleton and Son, Stamford.]

RAILWAY AND CANAL COMMISSION Mines and minerals Working facilities-Support-Public interest-Application for right to work minerals Restrictions-Conditions-Mines (Working Facilities and Support) Act 1923 (13 & 14 Geo. 5, c. 20), ss. 1, 6.

By sect. 1, sub-sect. (1), of the Mines (Working Facilities and Support) Act 1923 : "Where there is danger of minerals being left permanently unworked-(a) by reason of the minerals being comprised in or lying under land which is or has been copyhold land, or land subject to a lease, exception, reservation, restriction, covenant or condition, or otherwise not being capable of being worked without the concurrence of two or more persons; (b) by reason of the minerals being owned in such small parcels that they cannot be properly or conveniently worked by themselves; a right to work the minerals may be conferred in the manner and subject to the provisions hereinafter appearing on any person having an interest in them, or, in the case of minerals owned in small parcels, in minerals adjacent to them, who is desirous of working them either by himself or through his lessees." Sect. 5 provides that applications for rights to work minerals shall be made to the Board of Trade, who, if so advised, might refer the applications to the Railway and Canal Commission Court. By sect. 6, sub-sect. 1: "Where a matter is so referred to the commission, the commission, if satisfied that the requirements of this part of this Act are complied with in the case of the applicant, and that it is expedient in the national interest that the right applied for should be granted to him, may, by order, grant the right on such terms and subject to such conditions, and for such period, as the commission may think fit, and upon such an order being made, the right specified in the order shall . vest in the applicant." The applicants owned pits near Sheffield, by means of which they worked two seams of coal known as the Silkstone and Parkgate seams. For many years they had worked that coal, and were anxious to continue doing so under an extensive area, part of which was under the city of Sheffield. Hitherto it had been impossible for them to work the

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seams under that area because the surface and underground rights were vested in persons who had conflicting interests. In these circumstances the applicants took advantage of the Act of 1923, which came into operation on the 1st Jan. 1924 and this case was the first which had come before the court under that Act. The object of that Act was to prevent coal from being left permanently unworked because of the refusal of its owners or because it was not possible to find out, or to treat with, a large number of small owners of minerals. The applicants alleged that the minerals were in danger of being left unworked because (a) there is no other working colliery lying on this side of the royalty of the company; (b) the depth of the Silkstone seam varies from about 350 to 450 yards and of the Parkgate seam from 250 to 350 yards, and the cost of the sinking and equipping of a shaft would be greater than the area of workable coal would warrant; (c) the surface overlying the minerals is covered with buildings, and it would be almost impossible to secure a suitable site even if it were worth while to do so; (d) if the right to work these minerals is not granted while the workings of the company are on the edge of the area in question, and the roads are in a reasonable state of repair, there will be no possibility of these minerals being worked by the company in the future." By order of the court due notice was given to the owners of the surface and the minerals in question and a number of persons filed notices of objection, alleging that they were the owners of large works containing much valuable machinery, and that it was essentially necessary and of paramount importance to them that there should be a stable foundation for their works, and that vertical and lateral support should not be withdrawn therefrom, and that there should not be any disturbance of the equilibrium of the costly machinery installed in their works. Evidence having been given that there was no danger of any subsidence,

Held, that the court, in all cases, would be very anxious not to allow workings which might cause irreparable damage to those underneath whose land coal was being compulsorily worked. Questions might arise whether in a particular case the court would not be justified in thinking that it would not be in the national interest to risk very considerable damage by subsidence for the sake of getting a negligible quantity of coal. The court expressed no opinion on that point, because no such question arose in the present case, for, at the conclusion of the applicants' case, the objectors desired to settle the matter, and terms were subsequently handed in to the court for sanction. But the decision of an application like the present was not merely one for agreement between the applicants and objectors. The public interest had also to be considered and safeguarded by the court. It was the duty of the court to see that both the national interest and the interests of all concerned were protected. In this case, the court being of opinion that it was expedient in the national interest that the rights applied for be granted, ordered that the right to work the mineral and other rights specified in the schedule be granted.

[Re Nunnery Colliery Company's Application. Railway and Canal Commission Court: Sankey, J., Tindal Atkinson, K.C., and Sir Lewis Coward, K.C. July 8, 9, 10, 11, and 22.Counsel Sir A. Colefax, K.C. and P. G. Bamber; Cyril Atkinson, K.C. and Rabagliati; Manning, K.C., Russell Gilbert, and J. Willoughby Jardine. Solicitors: Hancock and Willis, for Wake and Sons, Sheffield; Parker, Rhodes, and Co., Rotherham; King, Wigg, and Brightman, for Broomhead, Wightman, and Reed, Sheffield; Few and Co.]

LAW LIBRARY

We have received from Messrs. Little, Brown, and Co., of Boston, U.S.A., a copy of Mr. Charles Warren's Supreme Court in United States History, which covers the period from 1789 to 1918. The work is in three volumes and sets forth the history of the Supreme Court of the United States of America, both for laymen as well as for the Profession. A general outline of leading cases is given and the author has written with the laudable object of preserving the atmosphere of the times. He deduces the fact that the American nation owes its strength to the

determination of its judges to maintain the national supremacy. The reader is initiated into the formation of the First Court by President Washington and his reasons for appointing Mr. John Jay as Chief Justice, which he does "with singular pleasure.' with singular pleasure." We follow the account of various legal and political happenings through three volumes of distinct interest, encountering names of world-wide celebrity. The Supreme Court has, notwithstanding some adverse criticisms, fairly established itself in the confidence of the people, and as a tribunal strongly appeals to English lawyers. The book is embellished with illustrations of some of the eminent judiciaries and of the different court rooms. Mr. Warren is to be congratulated on a notable and scholarly production, and his work is one of the greatest historical value.

The fifth issue of that interesting publication, The British Year Book of International Law (Humphrey Milford, Oxford University Press), opens with a sympathetic notice of the late Mr. Edward Arthur Whittuck, one of its founders and supporters, whose recent death is deeply regretted and whose portrait serves as a frontispiece. Professor Brierly contributes a thoughtful paper on "The Shortcomings of International Law," and points out the need of adapting the law to the unceasing changes of conditions; he also alludes to the hopeful signs which may be discerned in the economic, social, and political sides of this great question. Mr. Arnold D. McNair's article on the much-discussed subject of "The Legality of the Occupation of the Ruhr " is opportune. Professor P. J. Baker's careful reasoning on the "Codification of International Law" will commend itself to reflective readers. The Monroe Doctrine " finds an exponent in Professor A. Pearce Higgins. Other papers are The Trent and the China," by Mr. H. W. Malkin ; " The Soviet Government and Russian Property in Foreign Countries," by Mr. Norman Bentwich; "The Free City of Dantzig," by Mr. Malclom M. Lewis; "What is the League of Nations ? by Mr. P. E. Corbett; "The Grounds of Intervention in International Law," by Mr. P. H. Winfield; and State Succession in Matters of Tort,' by Sir Cecil J. B. Hurst. These, together with the Notes, Reviews, Decisions, and Summary of Events for the year ending April 1924, will well repay careful consideration.

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The Story of Our Inns of Courts (G. T. Foulis and Co. Limited) is a delightfully written account of those ancient homes of the law in England and of the lawyers who administered it," admirably illustrated. The two Temples are dealt with by Mr. Charles Benham, Sir D. Plunket Barton contributes a general introduction and treats of Gray's Inn, while Mr. Francis Watt tells the story of Lincoln's Inn. It is a volume of interest not only to the Profession, but to all those numerous persons who do not fail to visit the Inns of Courts as one of the national institutions of England.

The quarterly issue, July 1924, of Mews' Digest of English Case Law (Stevens and Sons Limited; Sweet and Maxwell Limited) is an essential for the practitioner. This number contains the cases reported from the 1st Jan. to the 1st July of this year, and is edited as usual by Mr. Aubrey J. Spencer.

NEW EDITIONS

The Twelfth Edition of Palmer's Company Law (Stevens and Sons), edited by Mr. Alfred F. Topham, K.C., in collaboration with Mr. Alfred R. Taylour, follows the same lines as those of the former issues, with the addition of recent decisions. Important cases which have been decided during the time of the printing are referred to in an addenda; and they include those of the City Equitable Fire Insurance Company and the Jubilee Cotton Mills. A list of leading cases relating to

companies under the Companies Acts is included in this comprehensive work which was first published in 1898 and is so well known among practitioners and students interested in this branch of the law which has grown with such rapidity in recent years. Tables of Corresponding Sections, the Acts of 1908, 1916, 1917 and the Rules of 1909 appear in an appendix.

That important branch of law which deals with Contracts of Marine Insurance is comprehensively treated in Eldridge's Marine Policies, the Second Edition of which is now edited by Mr. Harry Atkins and published by Messrs. Butterworth. It was felt that the author was unable to give sufficient prominence to the textual terms of the then recently enacted Marine Insurance Act in the first edition; but Mr. Atkins has remedied this in the present issue. The law concerning Contracts of Marine Insurance is detailed; the work is well annotated; and a group of seven appendices embodies the several Marine Insurance and relative Acts, Institute Time and other Clauses; together with the York-Antwerp Rules. A very serviceable book.

The Seventh Edition of that well-known book, Michael and Will on the Law Relating to Gas and Water (Butterworth and Co.), has taken new form owing to the numerous legal changes which have taken place since the former (the sixth) was published thirteen years ago. The two subjects are separately dealt with and arranged in different volumes. Vol. 1 deals entirely with Gas and is ably edited by Mr. F. T. Villiers Bayley, who has incorporated all the regulations made by the Government departments which are considered to be of use to the reader. The text of the Acts relating solely to Scotland have been omitted, as also the Land Clauses Consolidation Act 1845, and the Companies Clauses Consolidation Act of the same year. The numerous other relative Acts, Statutory Rules and Orders, are given; the General Introduction to the work will be found invaluable to the enquirer. There are adequate Tables and a good Index.

BOOKS RECEIVED

Mews' Digest of English Case Law. July 1924. Stevens and Sons Limited, 119 and 120, Chancery-lane, W.C. 2; Sweet and Maxwell Limited, 3, Chancery-lane, W.C. 2.

British Year Book of International Law 1924. Humphrey Milford, Oxford University Press, Amen-corner, E.C. 4. Price

16s. net.

Michael and Will on Gas and Water. Seventh Edition. By F. T. Villiers Bayley. Vol. 1: Gas. Butterworth and Co., Bell-yard, Temple Bar, W.C.2. Price 50s. net.

Eldridge on Marine Policies. Second Edition. By H. Atkins. Butterworth and Co., Bell-yard, Temple Bar, W.C. 2. Price 25s. net.

Warren's Supreme Court in the United States History. 3 vols. Little, Brown, and Co., 34, Beacon-street, Boston, U.S.A. Price 18 dollars net.

Syed Sirdar Ali Khan's Earl of Reading. Sir Isaac Pitman and Sons Limited, Parker-street, Kingsway, W.C. 2. Price 15s. net.

Story of Our Inns of Court. By Sir D. Plunket Barton, C. Benham, and F. Watt. G. T. Foulis and Co. Limited, 91, Great Russell-street, W.C.1. Price 10s. 6d. net.

Wilkinson's Guide to the Rent and Mortgage Interest (Restrictions) Acts 1920 to 1924. Fourth Edition. The Solicitors' Law Stationery Society Limited, 22, Chancery-lane, W.C.2. Price 7s. 6d. net.

Levermore's League of Nations Fourth Year Book. P. S. King and Son Limited, 2 and 4, Great Smith-street, Westminster. Price 7s. 6d.

Mr. William Lees, solicitor, of Queen-street, Oldham, Lancs, left estate of the gross value of £39,109.

The Session

LEGISLATION

As the Prime Minister met Parliament for the first time on the 12th Feb., a period of just six months has elapsed during which his Government has lived a somewhat precarious existence. The circumstances of his position fully entitled him to state from the outset that his minority Government would not accept the normal consequences of defeat unless the issues were matters of substance and of principle. There have been some ten defeats, and in one case, viz., the defeat on the Evictions Bill, the issue was certainly one of grave moment. On another occasion, when the salary of the Minister of Labour was challenged, the Opposition shrank from the use of the powers at their disposal. The programme of work put before the Commons by Mr. Baldwin before the vote of no confidence, passed on the 21st Jan., dismissed his administration was naturally enough a manifesto of pious hope. His successor has in many ways kept within its general scope, and some at any rate of the policies to which his supporters had pledged themselves in the country were relegated to the more peaceful arbitrament of committees. The subjects of capital levy, pensions, and police strikes have not obtruded themselves to any great extent. In matters of domestic legislation, the chief points under consideration have been those of housing, agriculture, and unemployment. The first of these has received alike extravagant praise and extravagant blame. The scheme is bold and costly, and time alone can settle whether the success achieved justifies it. It is open to review in three years and can be brought to an end if two-thirds of the number of houses expected to be built are not forthcoming. In other words, the principle of a long term programme has in effect disappeared. In regard to agriculture, negotiations between the Government and Mr. Baldwin's party have facilitated the progress of a measure designed to ease the burdens of the industry. The centralisation scheme has been considerably modified as a result of the clash of opinions in committee. The problems of unemployment are admittedly difficult, and it is perhaps in this sphere of domestic legislation that the Government has not been able to live up to the hopes entertained by those who are suffering so much and so patiently. Proposals of no great novelty have been made, but every sympathy should be shown to the efforts which have been made to deal with an evil of so much magnitude. It is impossible to withhold an expression of goodwill towards the Minister to whom so many were looking for some magical and instantaneous solution of a problem which is interwoven with other problems in regard to which Parliament has no deciding voice. In such cases it is far easier to criticise what is proposed than to suggest a better remedy. In regard to finance the Government had, in view of the date of its assuming office, largely to build on its predecessor's foundations. It got its Budget through with ease and celerity, and can point to remissions of many indirect taxes, and to the abolition of the iniquitous corporations profits tax and the inhabited house duty. Steps have been taken also to lessen the burden of the entertainments tax. A more debatable matter has been the abolition of the so-called McKenna duties, with a possible repercussion on employment in certain industries, while the failure to ratify the resolutions regarding imperial preference, was not permitted to escape grave censure. The abolition of the thrift disqualification in old age pensions, the bridging of the gap in unemployment benefit, and vouchers for members travelling are also matters of some financial interest.

Foreign and Personal

THE most sensational and sudden revulsion of policy was left to the closing hours of the session, when a dubious agreement was made with the representatives of the Soviets. This matter will be further considered in the autumn, and meanwhile it is only possible to speculate upon its effect and upon the events which led to its being signed in such hot haste. It seems to be the only outcome, and that a most ambiguous one, of the first considerable act of the Government after obtaining office, viz., that of recognising Russia and inviting its representatives to conference. The effort being made to readjust and to give some common expression to the policies of the allies seems at the moment of writing to be hopeful, and all parties should support the Prime Minister in his responsible labours. The strain of combining the Premiership with the department of the Foreign Office is one beyond the

powers of most men, and the ignorance expressed by so important a minister as the Lord Chancellor, in regard to a matter of current importance, perhaps indicates that it is not always consistent with team work. Probably no man has worked harder during the past six months than Mr. Wheatley, round whose department has raged some of the worst storms of the session. As affecting the imperial interests of the country, mention should be made of the decision to suspend the Singapóre dock scheme. Something has been done to push on wireless communication and to further secure the national safety by the construction of five cruisers. The airship scheme is to be advanced by the production of two experimental airships. A few weeks of respite from Parliamentary labour should give all parties an opportunity of checking their bearings, and there are few subjects wherein careful navigation is more requisite than when the autumn brings with it the necessity of finding some just and honourable settlement for the disputes as to the boundaries between North Ireland and the Free State.

Work of the National Assembly

66

THERE have been made of late several attacks upon the working of the legislation which constituted this assembly, but when reference is made to the actual record of the work which it has performed, it does not seem difficult to refute the contention that the whole scheme has failed to commend itself. It is not our purpose to deal with matters of finance and administration, which possess no special significance to the lawyer as such, but we may remind readers of several pieces of legislation now passed which would never have seen the light at all, if the history of past years possessed any force, had not the Enabling Act been sanctioned by Parliament. The immoral system of buying and selling advowsons has been condemned for years out of mind, but no House of Commons would deal with it amid the pressure of other problems, both domestic and foreign. For some forty years the evils of ecclesiastical dilapidations have been recognised, and again no measure has been pushed forward to remedy them. How wide the field of legislation is can best be judged when it is realised that, in addition to these matters of benefices and dilapidations, the National Assembly has tackled such ageworn blemishes as are associated with the subjects of endowments, insurance, revision of the prayer book, and those powers which the layman can now exercise throughout the whole gamut of the administration of the Established Church. The procedure of the assembly is not, perhaps, familiar to every reader, but it runs on lines closely similar to those of the Legislature. Measures are usually based on the report of a special committee. The stage of general approval " is akin to a second reading debate. Then follows committee and a stage called "revision," which is the equivalent to report, and the third reading follows under the title of "final approval." Proposals which reach the Parliamentary committee have, therefore, undergone already searching criticism, and they are, moreover, backed by the opinions which have been expressed, both before and during their progress, in such widely scattered bodies as are comprised within the conferences of parishes, rural-deaneries, and dioceses. Inasmuch as measures have not only to run the gauntlet of all these critics, but can be, and in two cases have been, disapproved by the Parliamentary committee, over which such experienced chairmen as Lord Cave and Lord Ullswater preside, and are afterwards submitted to a direct vote, both of the Lords and Commons, before receiving the Royal Assent, it is really difficult to suggest that the merits of the legislation thus achieved are less than those of the statutes which reach completion by channels of another description. There are, in a word, now on the Statute Book some fourteen Acts passed between the years 1920 and 1924, profoundly modifying the law, and two or three others are in advanced stages. It is inconceivable that Parliament could, under the circumstances of these years, have found an opportunity of dealing with any one of them, and it is equally impossible to imagine that any institution in the State could go on indefinitely with arrangements of an absolutely unworkable character such as have for half a century been a scandal and a disgrace to the Church of England.

Mr. Bowker Weldon, solicitor, of Whittlesey, Isle of Ely, Cambridgeshire, left estate of the gross value of £5810.