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honorary distinction, the council have awarded to him the gold medal founded by the late Mr. Timpron Martin, of Liverpool. Mr. Quiggin served his articles of clerkship with Mr. J. M Quiggin, of Liverpool; and obtained second class honours in Jan. 1914.
The Atkinson Conveyancing Prize for Liverpool or Preston Students.
Percy Milcrest Quiggin, who served two-thirds of his period of service in Liverpool, baving shown himself best acquainted with the law of real property and the practice of conveyancing, otherwise passed a satisfact ry examination, and attained honorary distinction, the council have awarded to him the gold medal founded by the late Mr. John Atkinson, of Liverpool. Mr. Quiggin served his articles of clerkship as before stated.
The Rupert Bremner Medal for Liverpool Students. Percy Milcrest Quiggin, who served two-thirds of his period of service in Liverpool, having shown himself best acquainted with the principles of law and procedure in the matters usually determined or administered in the King's Bench Division of the High Court of Justice and in Bankruptcy, passed a satisfactory examination, and attained honorary distinction, the Council have awarded to him the Rupert Bremner Prize, consisting of a gold medal, founded in memory of the late Mr. Rupert Bremner, of Liverpool. Mr. Quiggin served his articles of clerkship as before stated.
The Birmingham Law Society's Gold Medal. The examiners reported that there was no candidate qualified to take this prize.
The Birmingham Law Society's Bronze Medal. Thomas Leopold Bayley having, from among the candidates who have passed two-thirds of their term of service with a member of the Birmingham Law Society and who have not taken the society's gold medal, attained honorary distinction in the second class, the council have awarded to him the bronze medal of the Birmingham Law Society. Mr. Bayley served his articles of clerkship with Mr. R. J. Curtis, of Birmingham, and obtained second-class honours in Jan. 1914.
The Stephen Heelis Prize for Manchester and Salford Students. Henry Cardwell, M.A., LL.B., Victoria, who served two-thirds of his period of service in Manchester, having passed the best examination, and attained honorary distinction, the council have awarded to him the gold medal founded in memory of the late Mr. Stephen Heelis, of Manchester. Mr. Cardwell served his articles of clerkship as before stated.
Harry Thornton Pickles, M.A., LL.B., Victoria, who served two-thirds of his period of service in Manchester, having passed second in order of merit and attained honorary distinction, the council have awarded to him the gold medal which was withheld in the year 1913, owing to there being no candidate qualified to take the prize. Mr. Pickles served his articles of clerkship with Mr. Benjamin Goodfellow, of Manchester; and obtained the Daniel Reardon and Clement's-inn Prizes in Jan. 1914.
persons interested in legal subjects, has a membership of fiftyeight. Twenty-three debates have been held during the year, nine being of a purely legal nature, nearly all of which were well attended. The chief business of the evening was the revision of the society's rules, which in their new version will state the objects and define the conditions of membership of the society somewhat more accurately. Having passed with acclamation a vote of thanks to the retiring president, Mr. Hugh F. Silverwood, who is also with His Majesty's Forces, the following were elected to manage the society for the next session: Messrs. R. F. Levy (president), A. Carreras, F. Bradbury, R. H. Gregorowski, H. P. Wells, and P. A. Wood (hon. sec.).
9. PRESUMPTION OF DEATH.-H. B., who died on the 27th Oct. 1909, by her will bequeathed one-third of the proceeds of the conversion of her residuary real and personal estate upon trust for "such of the children of W. C. N. as shall be living at my death." W. C. N. had four children only, two of whom died without issue in the lifetime of H B.; another, J. H. N., was alive at the date of the death of H. B. and is still living; and the fourth, T. C. N., disappeared on or about the 7th Feb. 1903 and cannot be traced; it is not known whether he is dead or alive. Who is entitled to the share which T. C. N. would receive if he were now to reappear? LEX.
10. LUNACY-JUDICIAL AUTHORITY.—I am desirous of being appointed a judicial authority under the Lunacy Acts 1890-1911 and the Mental Deficiency Act 1913. I shall be glad to know how such appointments are made, and what evidence is required in support thereof ? D. F. G.
11. MORTGAGE RECEIVER-EMERGENCY. POWERS.-Is it quite clear that the Courts (Emergency Powers) Act 1914 does not in any way limit the right of a mortgagee whose mortgage money is due from appointing a receiver of the income in accordance with sect. 19 (3) of the Conveyancing and Law of Property Act 1891 ?
UNIVERSITY OF LONDON INTER COLLEGIATE LAW STUDENTS' SOCIETY. At a meeting held on the 8th inst. at University College, Mr. R. F. Levy in the chair, the subject for debate was: "That the system of copyhold ought to be abolished." Mr. C. R. Morden opened in the affirmative, and Mr. P. A. Wood in the negative. The following members also spoke: Messrs. E. M. Duke, H. P. Welle, R. H. Gregorowski, F. Bradbury, G. R. Blake, and C. F. Innis. The leaders replied, and on the motion being put to the meeting it was carried by two votes.The annual general meeting of the society was held on the 15th inst., Mr R. F. Levy being in the chair. The secretary, Mr. Percy Carlile, B.A., being with the Expeditionary Force in France, the annual report and balance-sheet were presented by the acting hon. secretary, Mr. P. A. Wood. The society, which is open to members of the University of London and other
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This department being open to free discussion on all Professional topics, the Editor does not hold himself responsible for anr opinions or statements contained in it.
LAWYERS AND SOLDIERS.-The published lists of the above (which are incomplete, as already announced) are remarkable. If, however, these lists could be brought up to date and supplemented by the addition of the names of those who, being over age for the regulars, are serving with the Inns of Court Reserve and other similar corps, and also have sons serving in the army, the position would be seen to be still more remarkable.
H. W. CARTER.
INCOME TAX ON MORTGAGE INTEREST.-Is it not likely that much trouble and confusion are likely to arise from strict observance of the terms of the circular of the Secretary of Inland Revenue of the 28th ult? As regards class 2, had the circular ended half-way down the second page it would have left matters on a clear and simple footing. I have not been able at present to obtain a print of the Finance Act, or of the regulations prescribed in accordance therewith. But, as I understood the statement of the Chancellor of the Exchequer when introducing the change, the rate of income tax for the current financial year is doubled, but the increased rate is to be collected only for the last four months of the financial year, the 5th Dec. to the 5th April. It is perfectly true that this makes an average rate for the year-1s. 8d.-but the final paragraphs of the circular altogether ignore the fact that mortgages are frequently transferred. Suppose a mortgage, the interest upon which is payable half-yearly in January and July, to be transferred on the 1st Jan. 1915, the date on which the half-year's interest falls due. According to this circular the mortgagor will be entitled to deduct from the half-year's interest he will pay, together with principal, on the 1st Jan. tax at the rate of 1s. 8d. in the pound, in addition to tax at 5d. in the pound on so much of the previous half-year's interest as accrued between the 5th April and the 1st July, which will bring up the average rate of tax for the half-year's interest to very nearly 1s. 10d., while, according to Cumberland's Income Tax Tables, the proper deduction for income tax in respect of the half-yearly payment of interest falling due on the 1st Jan. 1915 is at the rate of 1s. 51d.; and the transferee of the mortgage is, I suppose, to get let off with a deduction of tax at the rate of 18. 8d. from the interest accruing from the 1st Jan. to the 5th April 1915, though the rate properly applicable in his case is 2s. 6d.
Lieut. AINSLIE, who was articled to his father, Mr. W. L Ainslie, of 19, Surrey-street, Strand, W.C., was killed in action on the 24th Oct. He was a second lieutenant in the 1st Battalion of the Devonshire Regiment. Lieut. POPE, son of the late Mr. R. B. Pope, solicitor, of Brighton, died on the same day of wounds received at Ypres. He was a lieutenant in the 2nd Battalion of the Worcestershire Regiment. Both these gentlemen were former students at the Law Society's School of Law.
The Right Hon. EDMOND ROBERT WODEHOUSE, barrister-atlaw, died on Monday, aged seventy-nine. He was the son of the late Sir P. Wodehouse, and was educated at Eton and Oxford. He was called by Lincoln's-inn in 1861. From 1868 to 1874 he was private secretary to the Earl of Kimberley. He was made a Privy Councillor in 1898.
Mr. WALTER RUSCOMBE POOLE, solicitor, of the firm of J. R. Poole and Son, of Bridgwater and Weston-super-Mare, died at Weston-super-Mare on the 18th inst. Mr. Poole, who was admitted in 1877, was a member of the Law Society and of the Solicitors' Benevolent Association.
Mr. WILLIAM RADCLIFFE, solicitor, Liverpool, died on Tuesday at Roselands, Woodlands-road, Aigburth, aged eighty-nine. Mr. Radcliffe was a son of the late Mr. John Radcliffe, of Rose Hill, Atherton, Lancashire, and was educated at a private school. He was admitted in 1847. For some years he practised on his own account in Liverpool, and then joined the late Mr. Thomas Avison, the firm being known as Avison and William Radcliffe. Afterwards he took his nephew into partnership, and the style of the firm then became William Radcliffe and Smith. In 1878 Mr. Radcliffe retired from professional practice. He had occupied the positions of hon. secretary, vice-president, and president of the Liverpool Law Society, his untiring efforts on behalf of the society being highly appreciated. Mr. Radcliffe was a member of the Law Society.
To surrender at the High Court of Justice, in Bankruptcy. DAVIES, ROBERT OWEN, jun. (trading as Maude Taylor, and as Maude, the Bargain Shop of Regent-st), Regent-st, lingerie specialist. Dec. 8.
DAVIS, H.. Mare-st, Hackney, draper. Dec. 8.
COULSON, TOM, Thornton Dale, farmer. Ct. Scarborough. Dec. 7. CREDLAND, WILLIAM FISHER, Sheffield, oil merchant. Ct. Sheffield. Dec. 9
DALE, FRANCIS, and DALE, HERBERT, Warrington, bakers. Ct. Warrington, Dec. 9.
EDMONDS, GEORGE (trading as Dick Edmonds), Portsea, late outfitter. Ct. Portsmouth. Dec. 7.
EVANS, BEATRICE (trading as B. Evans and Co.), Blaengarw, gent.'s outfitter. Ct. Cardiff. Dec. 8.
FINDING, SAMUEL (trading as the Danish Dairy Company), Kingstonupon-Hull, provision merchant. Ct. Kingston-upon-Hull. Dec. 9. HARBOURNE, FRANK, Ledbury, horse breaker. Ct. Hereford. Dec. 7. HARRIS, FREDERICK PETFORD, West Bromwich, baker. Ct. West Bromwich. Dec. 8.
KEATING, JAMES MATTISON, West Middlesbrough, commercial traveller.
MILES, ALFRED, Leighton, carpenter. Ct. Shrewsbury. Dec. 9.
SPENCER, WILLIAM HENRY, Folkingham, farmer. Ct. Peterborough.
TRAFFORD, RICHARD BUTTERFIELD, Blackpool, pianoforte dealer.
GAZETTE, DEC. 15.
To surrender at the High Court of Justice, in Bankruptcy. BARLOW, ERNEST JOSEPH, late the Grove, Stratford, confectioner. Dec. 11. COPE, HERBERT LOCKHART, King-st, Smithfield. Dec. 10. EGBERS, ALBERT EDWARD (trading as Messrs. A. Egbers and Co.), late Terminus-pl, Victoria. Dec. 11.
EVANS, G. W., and EVANS, E. J. (trading as Evans and Co.), late Topsfield-par, Crouch End, fancy draper. Dec, 11.
GRIFFIN, ALICE LOUISA, Cropley-st, Hoxton, baker. Dec. 11.
LYNE, WILLIAM BULLEID, South-side. Clapham Common, draper. Dec. 11.
To surrender at their respective District Courts.
HEPPLEWHITE, WILLIAM JAMES, Gosforth, painter. Ct. Newcastle-on-Tyne. Dec. 10.
HERD, WILLIAM, Mansfield, credit draper. Ct. Nottingham. Dec, 10. KENNEDY, S. H., Southampton, boot dealer. Ct. Southampton. Dec. 10. MARSH, JOSEPH FREDERICK, Gloucester, greengrocer. Ct. Gloucester. Dec. 11.
SCATTERGOOD, ARTHUR KIMBERLEY, Leeds, physician. Ct. Leeds. Dec. 9.
SIMPSON, TIMOTHY, Lowestoft, fruiterer. Ct. Great Yarmouth. Dec. 11.
LAWSON, ARTHUR (otherwise Laurens), Barrowgate-rd, Chiswick. Ct.
ADJUDICATIONS. GAZETTE, DEC. 11.
ALGAR, GEORGE ARTHUR HENRY, Weybread, coachbuilder. Dec. 7,
BENTLEY, JAMES, Hastings, corn merchant.
Ct. Hastings. Dec. 7. BRAYBROOKE, HENRY GEORGE (trading as Marsh and Co.), Church Stretton, baker. Ct. Shrewsbury. Dec. 9. BUSHNELL, CHARLES WILLIAM, Abergele, ironmonger. Ct. Bangor. CART, JOHN, Leicester, cattle dealer. Ct. Leicester. Dec. 9. CAWSTON, GEORGE, London-wall. Ct. High Court. Dec. 8. CHAPMAN, H., late High-rd, Leyton, Ct. High Court. Dec. 8. COULSON, TOM, Thornton Dale, farmer. Ct. Scarborough. Dec. 7. CREDLAND, WILLIAM FISHER, Sheffield, oil merchant. Ct. Sheffield. Dec. 9.
DALE, FRANCIS, and DALE, HERBERT, Warrington, bakers. Ct. Warrington. Dec. 9.
EDMONDS, GEORGE (trading as Dick Edmonds), Portsea, late outfitter. Ct. Portsmouth. Dec. 7.
EVANS, GEORGE SPENCER, Salford, dairyman. Ct. Salford. Dec. 7. HARBOURNE, FRANK, Ledbury, horse breaker. Ct. Hereford. Dec. 7. HARRIS, FREDERICK PETFORD, West Bromwich, baker. Ct. West Bromwich. Dec. 8.
HARRIS, WALTER (trading as the Kensington Fine Art Gallery), Churchst. Kensington, dealer in antiques. Ct. High Court. Dec. 7. JACOBSEN, FRITZ MAGNUS CHRISTIAN, and JONES, WALTER ELIEZER (trading and described in the receiving order as F. Jacobsen and Co.), Tooleyst, provision merchants. Ct. High Court. Dec. 7. KEATING, JAMES MATTISON, Middlesbrough, commercial traveller. Middlesbrough. Dec. 8.
KENYON, ELIZA GERTRUDE, Southport, widow. Ct. Liverpool. Dec. 7. MILES, ALFRED, Leighton, carpenter. Ct. Shrewsbury. Dec. 9.
PAPE, ROBERT (a member of the firm of Moss and Pape), Dartford, cowkeeper. Ct. Rochester. Dec. 8. PARSONS, FRANCIS JOHN, and WADE, JOSEPH (also late trading Camerons), Liverpool, tailors. Ct. Liverpool. Dec. 7. PERRY, ARTHUR SIDNEY, Llandaff North, grocer. Ct. Cardiff. Dec. 8. PETRY, JOSEPH FREDERICK, Angel-ct, Throgmorton-st, secretary of public companies. Ct. High Court. Dec. 9.
SAVAGE, WILLIAM HENRY, Cockfosters, retired engineer. Ct. Barnet. Dec. 10.
SCHWARTZ, SAMUEL (commonly known and described in the receiving order as Simon Stern), Savoy-ct, Strand, gentleman. Ct. High Court. Dec. 7.
SPENCER, WILLIAM HENRY, Folkingham, farmer. Ct. Peterborough.
WELLS, RICHARD THOMAS, Penge, grocer. Ct. Croydon. Dec. 4.
WOOD, WILLIAM HENRY, Birmingham, electrical engineer. Ct. Birmingham. Dec. 9.
GAZETTE, DEC. 15.
BARLOW, ERNEST JOSEPH, late The Grove, Stratford, confectioner. High Court. Dec. 11.
BENNETT, CHARLES, Plymouth, hat manufacturer. Ct. Plymouth. Dec. 11.
FINDING SAMUEL (trading as the Danish Dairy Company), Kingston-
HEPPLEWHITE, WILLIAM JAMES, Gosforth, painter. Ct. Newcastle-upon-Tyne. Dec. 10
LYNE, WILLIAM BULLEID, South-side, Clapham Common, draper. Ct.
MARSH, JOSEPH FREDERICK, Gloucester, greengrocer. Ct. Gloucester.
SIMPSON, TIMOTHY, Lowestoft, fruiterer. Ct. Great Yarmouth.
Amended notice substituted for that published in Gazette, Dec. 8. EARLAND, JOHN, Ystradgynlais, draper. Ct. Neath and Aberavon. Dec. 3.
BIRTHS, MARRIAGES, AND DEATHS.
BATTYE RUBIE. On the 23rd ult., at Cairo, Thomas Howard Battye, 10th Gurkha Rifles, son of the late Dr. J. Howard Battye and Mrs. Battye, 49. Denbigh-st, Belgrave-rd, S.W.. to Elsie Violet, elder daughter of the late John Fonthill Rubie, of the Inner Temple, and Pretoria.
PHILLIPS WELLS THATCHER. On the 7th inst., at St. Mark's, Surbiton, Leslie Gordon Phillips, Lieutenant, 1st Worcestershire Regiment, to Constantia Maud. younger daughter of J. Wells Thatcher, of the Middle Temple. Barrister-at-law.
BONSER. On the 9th inst.. at 3. Eaton-pl. S. W., Sir John Winfield Bonser, P.C., aged 67.
CROWE. On the 13th inst.. at the Finsbury Park Nursing Home, after an operation Major Edmund George Crowe, of 5, Havergal-villas. Wood Green, the beloved husband of Mrs. Ellen Crowe, and a much esteemed partner in the firm of Hulbert, Crowe, and Hulbert. Solicitors, of 4, Broad-st-bldgs, E.C., aged 58 years.
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BRITISH COLUMBIA ELECTRIC RAILWAY COMPANY . GENTILE.-Law of British Columbia COOK v. CITY OF VANCOUVER.- Law of British Columbia Riparian proprietor Water rights BRITISH COLUMBIA ELECTRIC RAILWAY COMPANY v VANCOUVER, VICTORIA, AND EASTERN RAILWAY COMPANY AND OTHERS. Law of Canada SUPREME COURT OF JUDICATURE. COURT OF APPEAL. PRICE . TREDEGAR IRON AND COAL COMPANY LIMITED.-Employer and workman GODBOLDU. LONDON COUNTY COUNCIL. -Employer and workman-Injury by accident-Compensation WEEKES WILLIAM STEAD LIMITED. - Employer a d workman-Death caused by accident-Compensation 693 OLLIER v. OLLIER AND DAVIS.Husband and wife Divorce Adultery of wife KEMP . LEWIS. Employer and workman-Quarryman Work in evening as hay harvester RUSHTON v. GEORGE SKEY AND CO. LIMITED. Employer and workman-Injury by accident
COUNTY COURTS.- Sittings of the
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PARLIAMENTARY PRACTICE AND CONSTITUTIONAL LAW.-Topics..... 106 ECCLESIASTICAL LAW.-Parish Clerks and Sextons INTERNATIONAL, FOREIGN, AND COLONIAL LAW. - Prize Court: The Odessa; The Cape C rso. GENERAL INTELLIGENCE.-The Board of Trade-Heirs at Law and Next of Kin- Appointments under the Joint Stock Winding-up Acts Creditors under Estates in Chancery Creditors under 22 & 23 Vict. c. 35........... LAW STUDENTS JOURNAL LEGAL OBITUARY. - Mr. Seward Brice, K.C. - Mr. Frederick James Munby Mr. Charles Alexander Spencer Garland - Lieut. J. R. Turner-Mr. Gwilym Rhys Brice 201 COURT PAPERS. Rules of the Supreme Court ....................... ................ 201 THE GAZETTES....... 201 BIRTHS, MARE (AGES, AND DEATHS 202
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Vol. 138.-No. 3743
OUR ALMANAC SUPPLEMENT.
With this Number of the LAW TIMES we present to our Subscribers THE LAW TIMES ALMANAC FOR 1915.
The Law and the Lawyers.
The Court of Appeal.
LORD JUSTICE BUCKLEY has a right to be satisfied with the progress made by that division of the Court of Appeal over which he presides, which has been dealing with King's Bench final and new trial appeals. The very bad state of that list is due to the steady accumulation of arrears over years, and that the court has been able to stop the growth of arrears is eminently satisfactory. At the beginning of this term, apart from interlocutory appeals, 178 cases were for hearing by this court and sixty-nine of these have been disposed of. During the sittings thirty-nine more appeals have been set down, making a total of 148. No doubt if a third court is formed next sittings a great advance may be expected, and we feel sure that, once this list has been brought up to date, it will not be permitted by the learned Lord Justice and his colleagues. to relapse into its former lamentable state. Attention is drawn to the fact that six days were occupied in dealing with alien enemy cases before the full court. Some time has now passed since the arguments in these cases was concluded, and it is a matter for regret that the judgments were not delivered before the close of the term in cases which are of urgent importance.
POWERS OF ATTORNEY DURING WAR. WE propose in this article to draw the reader's attention to some practical points arising on the Execution of Trusts (War Facilities) Act 1914, which enables trustees to appoint by power of attorney persons to carry on the administration of trusts during their absence on active service. The provisions of the Act have already been dealt with in these columns in our leading article entitled "Trustees at the Front," which appeared on the 12th Dec. In that article the law as to the delegation of trusts by trustees was fully discussed. In this article we approach the subject from a purely practical point of view, and assume that the reader is concerned in the preparation of a power of attorney under the Act.
There are certain points on the new Act which are already causing much embarrassment to the Profession. Thus, what is meant by the term "active service"? Again, can an executor avail himself of the provisions of the Act and appoint a person to exercise his functions? Again, can one trustee appoint another trustee to act as his attorney? These and other points on the practical aspect of the Act we propose to deal with below. We shall point out the why and wherefore of the views we take on each specific point, and the reader himself may weigh those reasons against his own if he takes a different view of the construction of the Act.
Now, in the first place, there is one paramount rule which clearly governs the whole construction of this new measure.
is essentially an enabling Act. It allows what the rules of law and equity do not allow, the delegation by a trustee of the execution of any trust of which he is a trustee. The object of the Act is as clear as it well could be-viz., to get over the extreme inconvenience under the present circumstances when a large number of trustees are engaged upon duties which in the majority of cases render it absolutely impossible, and in the remaining cases exceedingly inconvenient, to execute deeds and transfers, sign documents, or do any other act or thing in the execution of their trusts. For these reasons it appears to us abundantly clear that the courts will give a very liberal construction to the terms and provisions of the Act.
The Act states that a trustee (whether a sole trustee or a trustee with others) may, notwithstanding any rule of law or equity to the contrary, by power of attorney, attested by one or more witnesses, delegate to any person capable of being appointed to be a trustee of the trust the execution during any period for which the trustee is engaged on war service " and a further period of one month thereafter of any trust of which he is a trustee. A trustee is to be deemed to be engaged on war service, (a) if he is engaged on active service in connection with the present war as a member of any of the military or naval forces of the Crown; and (b) if he is engaged on service in any work abroad, in connection with the present war, of the British Red Cross Society, or the St. John Ambulance Association, or any other body with similar objects; and (c) if in connection with the present war he is a prisoner of war in the enemy's country or is interned in the country of a neutral Power.
What is the meaning of the term on active service"? We are not aware of any satisfactory statutory definition of these words. It is not defined in the Army Act of 1881, although the expression is freely used in that that statute Military offences are throughout that Act treated (and very properly so) as much more serious if occurring while on active service. The term "active service" presupposes the existence of any enemy. We have that enemy in the present case, and he is very close to our shores. In ordinary times officers and men taking part in the annual manoeuvres in the Midlands could hardly be said to be on active service merely because a few regiments of the Indian army may happen to be engaged in suppressing a hostile outbreak on the Indian frontier. But all men under arms at the present moment in this country, although they may be merely members of the Territorial force, might with a good show of reason be said to be on active service. Because a member of the military forces happens to be engaged in this country it does not necessarily follow that he is not on active service. It would be absurd to say the gunners manning
the batteries that replied to the German naval guns during the recent raid on the East Coast were not on active service. This applies also to the troops on watch on the coast. On the other hand, officers and men still engaged in training, who have not as yet been ascribed any part in the military organisation of defence, might not, we think, be said to be on active service. But with those exceptions it seems to us that all members of our naval and military forces would (except possibly where engaged in purely office work at home) be held, in the present circumstances, to be on active service within the meaning of the new Act.
It seems to be beyond the realm of doubt that all trustees who are members of the naval forces and are at present engaged on naval duties on shipboard, in harbour as well as on the high seas, are on active service, and as such could take advantage of the provisions of the Act. The same applies to every member of the military forces in France or Belgium at the present moment who. is a trustee. It is, however, to be observed that any trustee may give a power of attorney under the Act. He need not be on active service at the time when he executes the power. But the donee can only act under the power during the period that the donor is on war service within the meaning of the Act.
Any person capable of being appointed to be a trustee of the trust may be appointed under the Act. It is, therefore, clear that a co-trustee cannot be appointed, for he is not a person capable of being appointed a trustee. But the meaning of the words " any person capable of being appointed a trustee " is by no means clear. Thus, suppose by the instrument creating the trust the number of trustees is expressly limited to three, and it is one of those three who wishes to appoint an attorney under the Act, can a fourth person, while the three continue to be trustees, be said to be a person capable of being appointed a trustee? On the whole, we are inclined to think he could, but the point is essentially a doubtful one. The words appear to us to have reference to the personal capacity of the person appointed Thus clearly no lunatic could be appointed. Nor, we think, an infant. The object of the Act appears to be to point to any person who would ordinarily be capable of acting as a trustee of the trust were he appointed a new trustee instead of being appointed an attorney.
In order to facilitate the administration of trusts where a power of attorney has been given under the Act, certain provisions are made to satisfy and protect persons dealing with the donee of the power of attorney and the other trustees. The Act provides that a statutory declaration by the donee of the power of attorney, that a donor is engaged on war service within the meaning of the Act, or that in any transaction the donee is acting in execution of the trust, shall be accepted as sufficient evidence of the fact by any person dealing with the donee. The donee will, of course, remain in this country and have all the usual facilities for transacting business. He may make as many statutory declarations as occasion may require Unfortunately it would seem that every time the donee purports to act under the power he may have to make a fresh declaration, and this might well involve the trust in a considerable amount of expense. In the first place, the donee must declare that the donor is engaged on war service within the meaning of the Act. If the power is drawn so as to delegate the trust only so long as the donor is engaged on war service-the Act allows delegation for any period for which the trustee is so engaged, and a further period of one month thereafter-a declaration though made only a few days previously would hardly meet the objection that the donor might in the meantime have ceased to be so engaged; and the person with whom the donee proposes to transact the business might very properly insist upon the new declaration. This shows the wisdom in giving the power for the full period allowed by the Act. A declaration in that case would be effective evidence for another month after its date as regards the question whether in fact the period was still subsisting.
But it is not only the staleness of a declaration that might be objected to by a person dealing with the donee. Objection might be taken that the transaction must be shown to be done in execution of the trust. The Act states that a