The Sydney Morning Herald from Sydney, New South Wales, Australia • Page 8

THE SYDNEY MORNING 1 1 HERALD. SATURDAY. JULY 2. 1 932. transaction eould be invalidated a a whole bv.ber 19.

1 1 2ft the nartnerahra waa still Heine (Instructed by Messrs. W. D. Bchrador and Harold Wheeler and of NarrabrL throuih their Sydney ageaW Mr. O.

S. Ptlt) for the defendants. CURRENT LITERATURE Boulogne. Then began a long and eventful Odyssey. He tramped the roads and "Jumped the rattler" on railway train.

He consorted with rogues and vagabonds, riff-raff, and out casts of every description. Frequently he came Into conflict with the authorities, and on more than one occasion experienced the asperities of European gaols, where the food and accommodation are wretched, and the law's delays exasperating. Now and again letters containing remittance and addressed care of a Britlah eonsulate reached him. But these windfalls were few and far between. When funds were exhausted be worked in the fields for food or a few coins, or begged although he could never quite conquer his dislike to this proceeding and even stole.

In Justice It should be said that In many eases herotae daughter of a social beauty his theft were of fruit and farm produce, long deJkd lnd the play three clubmen which by tramp ethics are considered fair receive letter naming each of them as her game. When he resorted to robbery of a more flther. Accordingly, they compete for the serlou kind hi victim, were of a type which to take care of her. This is where the deserved I spoliation. reveals Itself, for she coolly In this hand-to-mouth manner Mr.

Mus- Ae an tnera without a hint pratt traversed France, entered Italy from of gratitude. "Sir Arthur." says the "Dally Monaco by a dangerous detour through the Telegraph" critic, "show, the girl no mercy, mountains, which enabled him to avoid the n0 numanlty. The result Is that she has no frontier guards, lingered In Venice, and, so. existence at alL She is not a per-through Austria and Hungary Into Yugo- i 5QD xhe deduction Is that she must Slavla, where he met his Waterloo. He was'be lntended as a type.

I suppose she Is Sir arrested and sent back to Buda Pesth. ldea ol modern girl. If you whence he had reluctantly to retrace hi steps. Wn)l modern girl really Is nothing but His route lay through Austria, Germany, rapaclous and soulless you Luxembourg, and Holland. At Rotterdam he 1 may perhaps, regard this play as a scathing stowed away on a British ship, aided by a i natti deserved.

for my part, cannot sympathetic crew. In Hull he had to be dellv- help thinking that the modern girl I really ered Into the custody of the police, but after human being, after au. That la why. for the New Beuth Wales Legislature there were distinct and separate covenants In document operated in three other States, and any one of them would be sufficient to establish a liability oroveble In the wlndlne uo of the company In Hew South Wale, and as it would not oe proceeaing ior any Dreacn 01 covenant proof would be valid. Reviewing the relevant ease the Court held that there waa nothing to show that the parties meant to have their rights determined by the of New South Wales.

A there wa nothing to prevent a foreign creditor proving in the winding up of a New South wale company there wa nothing Jn the Moratorium Aet to prevent proof of a debt In regard to foreign claim which was valid. The appellant wa, therefore, entitled to succeed, and the appeal should be upheld with costs. Mr. Flannery, K.C and Mr. L.

8. Abraham (instructed by Messrs. Fisner and Macansh) appeared for the appellant bank; and Mr. Jordan, K.C., and Mr. R.

K. Manning (Instructed by Messrs. Norton. Smith, and Co.) for the voluntary lllquldators of Paul and Oray, COURT OF CRIMINAL APPEAL. (Before the Chief Justice.

Sir Philip Street, Mr. Justice James, and Mr. Justice Stephen.) REX MOXLEY. ThU appeal is reported to another column. BANCO JURY CAUSES.

(Before Mr. Justice K. w. Street and Jury.) ACCIDENT AT SHOOTING GALLERY. Watson Levenson.

Thl wa a claim by Frank Arnold Watson against Josenh Levenson for damasM fop an Injury to the plaintiff's eye, said to have been when plaintiff was struck by a piece of. lead! from a bullet The action, which had been the subject of an appeal to the Full Court from a previous hearing, was for the assessment of damages only. The Jury returned a verdict for plaintiff for 22478. Mr. Maxwell, K.C., and Mr.

Symond (Instructed by Mr. J. A. Boxhall). atmeared for in.dni nb me aexenaant snooting gauery, pininurr: ana Mr.

w. j. Bradley (lnstruc ted by Messrs. Neville W. Montagu and Lap-thorpe) for defendant.

NO. 2 JURY CAUSES. (Before Mr. Justice Davidson.) APPORTIONMENT ORDER, Foley Tin dale. In an action brought by Mrs.

E. Foley against H. Tlndale, as nominal defendant for the Australian Gaslight Company, In which the plaintiff, suing on behalf of herself and her 14-year-old daughter, claimed damage 01 aczuuu ny reason 01 tne alleged negugence of defendant's servants In the management of certain machinery at its work at Mortlake, whereby plaintiff's husband had been fatally Injured, his Honor approved of a settlement under which the defendant paid Into court 1250, of which his Honor ordered 600 to be paid out to the widow and the balance to be Invested on behalf of the daughter. Mr. Barwlck (Instructed by Mr.

M. J. Boland) appeared for plaintiff; and Mr. Cas-stdy (Instructed by Messrs. Allen, Allen, and Hemsley) for defendant CITY COUNCIL SUED.

W. O. Watson and Municipal Council of Sydney. His Honor gave Judgment In the action Drought by w. o.

Watson and Co. I 1 McFadden) appeared for Mr. Gntdlner; and Mr. A. Watt, K.C., Mr.

C. M. Collins, and Mr. h. 8.

Abrahams (Instructed by Messrs. Lionel Dare and B. P. Puree 11) for Mrs. Gardiner.

DECREE ABSOLUTE. The decree nisi in tha auit of Olara Elvira Parry against Stanley Edward Parry was pronounced absolute. The petitioner was given the custody of the child. UNDEFENDED SUITS. Kmneth MeKty Viva edlth McKay (formerly wmpAoni.

XMua. tintulon. MurlHge, October, 1612, muAjim, PrMbynrlAii rlics. ttocru aM. Mr.

N. V. Ueolov far petitioner. InM Dnult Rarthav Tailnf 'nrvnarlat tJ t' Kttt Sauuon Tftylor. Uu, adultery with a woman uiiKoown to pensioner.

Marnaifc. November 1027. at thi District Regi.trar office Qlbj. Oecre nlai. Mr.

McOechan ilnitructed by Messrs. McCoy, Grove, and Alkuuoni lor Albrt rrsnets Reynold Roialla Ellen Daphne Margravei. Usui, adulteiy with Hnrrove. wlio was Joined as 1822, at Murrumbuiralt, Roman Catholic rites. Decree nisi.

Mr. J. L. Sexton for petitioner. (Before Mr.

Acting Justice Boyce.) nr33ltimV.UcI.''n, "omierly Williams) Ronald Brio Baxter. Marrlafe. Auguit. 191b. at tlon.

Decree nisi. Mr. II. a. Jermyn for petitioner.

Marriaee. April. 1910. at Mr-rlckvliie. Congreaatiotial ntc.

Iwie. dcstniui Decree nisi. Mr. K. Bin.

of Messrs? D. Lynton WUllaius, Ellis, and Co.i Ior petitioner. Blanche Dallas llouebton (formerly Scott Bernard Leslie Hmiffhton. M.itrlnce. Julv.

injo. at the Registrar -OcnerHl's Office. Sydney. Issue. Heserf.nn by reason of the Uiuband's non-com ullance with a restitution decree.

Decree Mr. 3 Tro-e Instructed by Messrs Bldduiph and Sal insert for petitioner. Ella Thornton (foimerly Curtis) Reclnfld Heber Thnrnton. Marriage. J'tl.

at the register ofl.ee. Cxeter. South Devrm. England. Issue, conjugal rights.

Usual order. Mr. J. K. Cutler t'or petitioner.

William Septimus Julius Ida Oladvs Jultua (for. merly Smith Mainline, October, 1020, at the Registrar's Office, Haddington. Issue, conjugal rights. Usual order. Mr.

C. O'Dea for petitioner. Ethel Mvet Ruse Orecntree iformrlv sniulrtnn i Oeorgf Henry Greenfroi. Marrlnpe, Julv. 1917, at Paddlngton, Church of Kurland rites.

Issues, desertion, liAWtuft! dimilteiiiRifl tnd cruelty. Decree nisi on the ground ol deiTtlon. No flnlme on the other issue. Mr. J.

L. Maguire for petitioner. Lancelot Roy Rricuert T.telma Kclchert former! Armstrnntri. Mnrriane. November.

1019. at Wlckham, Church of Bus-land rite. Isnuc o.e sertlon. Decree nisi. Mr.

BUiid, of Messrs. Bl.md and Oarnriptt, for petitioner. Stuart Burton Ulbbs Owenyth Baker cllbbs (formorlv T.wler). Marriuae. Dec miliar.

102!) at Wahroonfia, Church of Fn gland rites. Is3ue. conjugal rights. Usual order. Mr.

M. J. Boland (or petiL.oncr. Alice Olive My Itill (formerly" Montarat Vemer Hector Hill. Mtrrir.sc, May, 1026.

at Lelchhardt. Church of Entflaud iites. Isue, desernn. Decree nisi. Mr.

e. j. iMcteiuucnn ior petitioner Koslna Margaret Mary Hammond (formerly Curriej Vi.ham Hammond, Mamuca, April, 1924, at Sydney, Roman Catholic Iisiie, desertion. Decree nisi. Mr.

E. J. McQuicgan lor petitioner. Elsie Lfltla 8hridn (formerly BloomfWdi Jemes Sheridan, Marrtnge, December, 1906, at Newtown. Church of England rites.

Ismip, Decree nisi. Mr. RedaliRW (Instructed by Messrs. Puvten and Pye) for petitioner. George Blackett Lylla Mary Blackett (formerly Shelly I.

Marriage. April, 1921 at Sydney, Roman Catholic rites. Issue desertion. Decree nlsL Mr. it.

w. wicnoii tor petitioner. Mary Diana Miller iformeilv Bessantl William Henderson Millrr. Marriage. March.

1918. at Sydney, Roman Catholic rites. Issue, desertion. Decree nisi, Mr. J.

Lynn for petitioner. John Arthur Snowden Lily Mary Snowdea (formerly Stoker), Issue, desertion by reason of the wife's non-compliance with a restitution decree. Marriage. March, 1U11. at Hexthorpe, York, England.

Established Church rites. Decree nisi. Mr. White, of Messrs. O.

P. White and for petitioner. Ptnny Elltaheth Biuoks Uormcny Morrow Oeorge Leslie Brooks. desertion. Marriage, October 1W24.

at Dulwlch Hill. Church of England rites. Decree nisi. Mr. Iloldcn, of Messrs.

liidgins, olden, and for petitioner. Emily Brock (formerly Appleby) Charles Henry Brock. Issue, desertion. Marriage, August. ir03, at Aberttllery, Monmouth.

Wales. Baptist rites. Decree nisi. Mr. C.

E. Parkinson for petitioner. Eddie Duggan Elizabeth Jnne Duggan (formerly Williams). Issue, conjugal riffhti. Marriage, October.

1927, at Newcastle, Cong relational rites. Usual order directing the wife tn return to her husband within 21 days. Mr. H. W.

Morntt (instructed by Messrs. R. N. Henderson and Sydney agents for Mr. A.

V. Cunningham, of Cessnocki for petitioner. James Stanley Blenklnsop Catherine Peebles Qraham Bltnkinsop (formerly Blowi. Insue, desertion. Mavriaee.

1925. at Hamilton, New South Wales. Presbvterlan rites. Decree Mr. (Instructed by Messrs.

S. E. Cook and son, Sydney agents for Mr. P. Charlton, of Newcaulej for petitioner.

Gladys Olive Barkess (formerly Ferguson, Norman Victor Barkess. Issue, desertion by reason of the husband's failure to comply with a restitution decree. Marriage, November. 1928. at Ashbuty.

Church of England rites. Decree nisi Mr. A. O. Collins for petitioner.

Robert Edward Burgoyne Muriel Josephine Dorothea Burgoyne (formerly Walsh i. Issue, conjugal rights. Marriage, August, 1927, at Mosman, Roman Catholic rlt.es. Usual order. Mr.

Adrlnn Curlewts (instructed by Mr. H. R. Currlei for petitioner. Joseph Patrick Fahey Mllllcent Mary Agnes Fa hey (formerly Farrell) Issue, desertion.

Marriage, June, 1919, at Sydney, Methodist rites. Decision reserved. Mr. Abram Lands for petitioner. Cecil Frederick Joseph Norton Bertha Minnie Norton (formerly Turnbtilt).

Issue, desertion. Marriage. January, 1918, at Surry Hills. Church of England rites. Decree nisi.

Mr. J. B. Frawley for petitioner, (Continued on page 10.) ESTATE OF PIERRE MAIORE. AsDUeatkm wa made on behalf of Jules Malgr and Victor Malgre for an order under uie xeauior ramny Maintenance Act ior provision for their Broser maintenance and support out of the estate of Pierre Marie Louis Malgre, tneir rawer, preserve manuiaeturer (formerly a chat), who died In August, 1931.

By hi will testator left a bouse (valued at 700) to his son. Louis Sidney, and certain money (about 170) in the bank to hie eon. Victor. To hie son Jules and to a married daughter he left nothing. After deduction of liabilities the estate was sworn for pro bata at Clio.

Having beard evidence, hi Honor said that the Court did not sit for the purpose of recasting a testator' will except within the narrow limits of th Testator' Family Main tenance Act. It was still the law that a testator had freedom of testamentary disposition, subject to a restriction to provide for dependent to the best of hi ability. In thi case the estate was very small, and It wa quite Impossible to carve out of It sufficient irovUion to keep the three son In anything ike comfort. Before the Court could Interfere It had to be satisfied that children were left without mean of support. Applying th rule tnllowad by th Court, be found It Impossible to say that Jules waa without support.

He wa in employment, and there wa no reason to suppose that he waa not competent to suDDort himself and hi wife. The son Victor was unmarried, without encumbrance, and with a trade. The aoollcatlone would be dis missed, not because the applicant were without merits, but because they did not bring themselves within th operation of the Act. Mr. R.

M. Duncan appeared for the applicant; Mr. K. Leonard (Instructed by Messrs. J.

J. Carroll and Bon) ior Louis Bianey Malgre; and Mr. O. P. Stuckey (Instructed by Messrs.

Rand and Drew) for th Perpetual Trustee Company. JACKSON BEAVIS. By originating summons, Rita Jackson, carrying on a business of slide-making under the name of "Beavla Studios," sought an Injunction to restrain J. A. Beavts from carrying on a similar business in competition with her business, and also an Injunction restraining defendant from soliciting the customers of her business.

On defendant undertaking to keep accounts nendlne the hearing of the suit, his Honor ordered the suit to be set down for hearing on oral evidence on Wednesday, July 13, issues to be settled and Sled by Wednesday next. Mr. G. E. Berwick (instructed by Mr.

H. Roy Booth) for the plaintiff: and Mr. F. Kitto (Instructed by Mr. R.

Inne Kay) for defen dant. BOXER RESTRAIN EO. On th application of the National Sporting Club of Australia, the Interim injunction granted on the previous day restraining "Young" Stribllng. the American boxer, from flying In an aeroplane as pilot, passenger, or otherwise, was continued until the hearing of the suit. There was no appearance of the respondent.

Evidence was given that copies of the In terim in I unction and notice of motion were served on respondent tne previous as v. Res pondent remarxea tnat 11 was -pretty tougn. His Honor said that he granted the applies. tlon solely because Stribllng had entered Into an agreement not to ny. He was not decid ing that flight was dangerous or hazardous.

Mr. O. Weston (instructed by Messrs. Ma Lachlan, Westgarth, and Co.) appeared for the applicant company. IN DIVORCE.

(Before the Judge In Divorce, Mr. Justice Owen.) GARDINER GARDINER. The suit of Rat Gvrdlner atlnat Joseph Reuben Oardlner, company director, was again before the Court by way of an application on behalf of the husband for a reduction In the amount of permanent alimony. The Court had ordered Mr. Gardiner to pay alimony to nis who.

wno obtained a luaiciai separa' tlon from him In 1024. Subsequently the Court fixed the amount of permanent alimony to be Data by uie nusoana at wuu a year. In suDDort of his SDn Ilea tlon. Mr. Gardiner alleged before the Registrar that owing to tne Depression nis income naa aecreasea con siderably.

The matter had been referred to the Regis trar for inquiry as to the means of the partiea ana nis report now came oeiore uie uourt. A considerable amount of evidence was taken at the Inquiry before the Registrar, whose reoort was also a comprehensive one. After the reading of various affidavits, and the report of the Registrar, the evidence was entered upon. Argument had not concluded and the matter Is part heard. Mr.

R. Windeyer, K.C., and Mr. T. Bhortland carried on. By an agreement on January 6, 1929, made between plaintiff and defendants as executor of Harry Powell' will, It was that realisation ef the assets of the partnership should be postponed, and that plaintiff should carry on the station property and use the partnership assets pending realisation thereof; that In the meantime he should be paid a salary of 00 a year, which wa to be chanted aaalnat the business: that the defendant should paid Interest on the net capital vaiue 01 tne testator's interest in tne partnership at the rate of per cent- per annum, subject to deduction therefrom of one-half the Interest on the station overdraft; that the defendant Mrs.

Powell and her children (respectively life tenant and remaindermen under the will of Harry Powell) should be allowed as a charge against the business the sum of 30 Der month, to cover store and domestic help whilst Mrs. Powell resided on uie station; mat any nront auring in currency of the agreement should belong to the plaintiff: and that the agreement should continue until March 19, 1929, when the position wa to be reviewed. By a further agreement between the parties dated April 19, 1929, It wa agreed that the duration of the agreement of January 6 1929, should be extended to De cern oer .1, When the agreement expired on that date, continued the ludament. there were four alter native available to the parties: (1) That the partnership asset should be Immediately realised; (2) that the station and other partnership asset should be divided between plaintiff and defendant In the nrooer nronortlons: (31 that the prior agreement should be extended with or without modification; (4) that the partnership business should be carried on by plaintiff as long as necessary for the purpose of a proper winding up. It was admitted that an immediate sale would have been disas trous 10 tne parties.

Attempt were made to arrive at some new agreement, but, although winiuuia in uicir statement 01 aeience serted that the term of the last mentioned agreement waa extended, no evidence was adduced In support of that statement. On the uncontradicted evidence of plaintiff, hi Honor found that the agreement wa not extended In any way, and that plaintiff did not agree to pay Interest at th rat of 8 per or any rate, on th value of the deceased partner's Interest, or on any sum after December 31, 1929; that the plaintiff had been managing the station and assets until the present time; that the conduct by him of the business had been necessary to wind up the affairs of the partnership within the meaning of the Partnership Act 1892, and that defendants concurred In the carrying on of the business by bun. The business had been conducted at a loss for which It waa not suggested plaintiff waa in ny degree to blame. On October 13, 1931, the defendants issued a writ at common law against the present plaintiff claiming 2389 alleged to be due under the agreement, but the amount claimed wa reduced to 1760. On November 2 th nlalntin instituted the present suit for the winding up of the partnership, and praying an injunction to restrain further prosecution of the action at common law.

It was not dlSDuted that nlalntUT waa en. titled to the ordinary decree for dissolution of the partnership, and the only question remaining for determination was whether section 42 of the Partnership Act 1892 had any application to the present case for the period from January 1, 1930 until November 2, 1931, the date of the Institution of the suit. The claim made on be rial 01 the nrstnamed defen dant. continued the ludament. that the nlaln tiff should pay per cent, per annum on the value of testator's Interest at a nerlod when the station business was being carried on at loss wa a most ungracious one.

But It conclusion tnat section 4a had no application where, after the death of one of two naru npr. th. nartnerxhin hnalnaaa mmm mfriMl nn ners. the partnership business wss carried on oy tne survivor only so lar as necessary to wind UD the affairs of the DartnerahlD. nar- ticularly where, as In the present case, such carrying on had been with the full concur- up and for tha usual lnoiurles and accounts Tha tn anrf man 'h, 'T u.TSn Kn.d,5 to Drooose h.une" recelve' nd manager.

Injunction l1 TZ'Z sent plaintiff paying into Court the sum of 401. to abide the order ol tms court, with liberty to take out of Court 388 of that amount as soon as It wa paid in. Cost of all parties to be paid out of the partner- snip assets, rurtner consideration ana fur ther costs reserved. Mr. C.

Weston (Instructed by Messrs. Mln- ter, Simpson, and Co.) appeared for plaintiff; Mr. Loxton, K.C., Mr. W. McMinn, and Mr.

M. r. Loxton (instructea oy Messrs, ON uiviirn was leieasea, tne ncner In experience If not In purse from hi wanderings. Mr. Muspratt has developed a philo sophy which he expound at frequent Intervals.

These dissertations are less Interesting than hla account of his adventures. On page 107 he makes a slip curious In one who ha learned so much geography at first hand. He says that the road from Marseille to Italy goes "westward." Of course, this may be a mbnrint. (Duckworth.) A HIPPO'S TRAVELS. The heroine of "Huberta Ooe South." bv Mr.

Hedley A. Chllvers, I not a lady tourist of the human specie, but a hlnrjonotajTwn who, late In 1928. for some Inscrutable rea son, left her native home In Zululand, crossed the Tugela River, south of which hippo have been unknown for many years, passed through J'" tually reaching the Kelskama River, tat the south of Cape Province. In the course of her trek, which occupied 30 months, she covered 1000 miles. Huberta became an International figure.

Her progress, reported from point to point, was followed with keen Interest In Bri tain and America, and her untimely death In spired expressions of regret from far afield. Hippo are not migratory, and her motive in making this Journey cannot be fathomed. In her travels she excited the superstitious awe I of the Indian and Kaffir communities, and her I appearance caused some perturbation, until It was realised that she was quite Inoffensive. In April. 1931, her body was seen floating on the Keiskama River, and an examination I showed that she had been killed by a six-shot -1 no use 01 1 Assembly, Capetown, and after Inquiries by the I against the Municipal Council of Sydney, to nsa been made, and pressed, and had to be recover a balance saw to be due under a con- oealt wltn mere question of law.

Mch tag reviewed the case, bis Honor came to the ana supouea certain spare part. His Honor held that the extra OUlieS claimed by the plaintiff, amounting to 1239, hT na reduoed contract price by 384, oecause an excess amount naa been allowed in tne contract price ior duties payaoie. on in rmrtunuuvia nf (h. uu ni ih. other hand, he disallowed the council's claim f.

dJuinthSrn'erf "LXniSi VtlSn made that the rlJn2 WP dissolved the date if death SP of karry Powell, and a decree for winding police, three men were prosecuted and flned. Payl exceedingly Interesting The incident gave great stimulus to them of character. The title may LAW 1 FULL COURT. (Before the Chief Justice, 81r Philip treat, Mr. Justice Davidson, and Mr.

Justte Habe Rogers.) MORATORIUM ACT. Australian Mortgages, Ingbld. The unanimous judgment of the Court on this appeal by the defendant from, an order made by Mr. Justice Stephen In Chambers was given by the Chief Justice, who described the fact of the case as remarkable. He said that on June 4, IMa, the plaintiff company Issued a writ against the defendant for the recovery of an amount of aUlOIS11, said to be owing for principal and Interest and other charges under certain mortgage.

In an action la the Supreme Court the Jury returned a verdict for plaintiff for 1185211. and on October 1, 1031, Judgment was signed for that amount. A bankruptcy notice waa Issued out oi we reaerai uourt oi Bankruptcy on November 9, 1831, and was served on defendant on February I last According to defendant's evidence he went to Queensland In September of last year, and did not return to Sydney until about the end of last January. On the day that the bankruptcy notice was served upon him he consulted his present solicitor, and said that until he did so he was unaware that the Moratorium (Amendment) Aet 1931 had any bearing upon or relation to uie juoginenc aignoa oy uie pjainun. com pany.

Section 25 (1) of that Act provided mat alter it commencement no action, suit, or proceeding should be commenced, nor should any action or proceeding already com mences ee continued ior Dreacn oi any covenant, agreement, or condition expressed or implied In any mortgage of real property, except a provided. The Act was not assented to until October I. 1911, but section 1 () provided that it should be deemed to have commenced on September 1, 1931. The Chief Justice said that the defendant did not hesitate to avail himself of the gateway which seemed to be thus opened to him as a way of escape from his legal obligation, and he promptly took out a summons asking that the Judgment might be set aside, end; that he might be let In to plead. Mr.

Justice Stephen, by whom the summons was heard, dismissed It upon the ground of the defendant's delay In making the application, and una appeal was now brougnt upon tne ground that delay afforded no answer to the summons. The Full Court did not believe that It did. It seemed an extraordinary thing that Parliament should by legislation forbid 1 tne aoing 01 someuimg wnicn naa aireaay been done, and if any alternative meaning could be put upon the words which would avoid so extraordinary and so unjust a result the Court would not hesitate to adopt it. but the language wes too plain to admit of any doubt a tu what the Intention was. Parliament had not only said In plain terms that after the commencement of the Moratorium Amendment Act, 1931, no proceeding already commencea I or ore sen 01 covenant a mortgage should be continued, but.

although the Act we not In fact assented to until October 1931, It had also said In equally plain terms that It should be deemed to have begun on September 1, 1931. One extraordinary result which followed was this: By section 31 (1) of the Act any person who contravened or failed to comply with any of It provisions was declared to be guilty of an offence, and to be liable to a pecuniary penalty or to imprisonment or to both. A man, therefore, was liable to be punished for doing something which was perfectly lawful when he did It, II that subsection was to oe reao uterauy. It seemed Incredible that such a thing should be. but there was no escape from the plain and literal meaning of the words of section 25 (1), and it was unnecessary to multiply Instances to show how tenaciously the Courts had adhered to the principle that where the words of an Act of Parliament were plain the Court wmiM not draart from them because inlus- would not depart from them because inius lice might otherwise be done.

Harsh and unjust, therefore, as it might be. said the Chief Justice, the Court believed that it had no option but to declare that the signing of the Judgment In the circumstances wa a continuation of the action which wa pro- hibltfd bv virtue of section 35 (l) oi tne Moratorium Amendment Act, 1931, and that. therefore, the iudement was a nullity, ana that the defendant was entitled to have It aet aside. In the circumstance there would be no order as to costs. Mr.

Jelbart (Instructed by Mr. Athol R. Richardson) appeared for the appellant (defendant): and Mr. O. E.

Barwlck (Instructed by Mr. D. Lynton Williams) for the respondent (piaintui). (Before the Chief Justice, Sir Philip Street, Mr. Justice James, ana Mr, iusuue Davidson.) GARDENER AND COUNCIL.

Samways Council of the Shire of Sutherland. The appellants, the Council of the Shire of Sutherland, had been defendants in an action In which William James Samways, gardener, of Sylvanla, had succeeded In a District Court action before Judge Armstrong and a Jury to recover damages said to have been done to his garden as the result of the council's negligence in concentrating water on nis property by the performance of certain work on the road opposite. The Jury returned a verdict for 60. The ma oritv Iudement of tne oniei justice nd Mr. Justice James were that the appeal failed and that It must be dismissed with costs.

Mr. Justice Davidson dissented. The chief Justice said that the arjoeal naa been brought upon the ground that Inasmuch aa tha evidence showed that the defendant council did no more than clean out th water table and top-dress the road, it waa not uaoie for any damage sustained by the plaintiff by reason of the flooding of his land, and that the plaintiff should either have been nonsuited or the trial Judge should have directed a verdict to be returned In It favour. Th major question wee essentially one of fact for the Jury. It waa for them to aay whether the defendant council in cleaning out the water table and altering the level of the street had exercised reasonable care to avoid Injuring the filaintlff' property.

Evidently they thought had not, and, though It waa aald or suggested that they were not directed a they should have been, he did not believe that the Full Court could aay that It appeared upon the face of the transcript that there was any omission or misdirection in th summing up of such a character a to vitiate the verdict. Mr. A. a. Llovd (instructed bv Messrs.

P. V. Mcculloch and Buggy) appeared for the aorjellants (defendants) and Mr. Collin (hi' atructed by Mr. Beehag) for the respondent (plain tin).

(Before the Chief Justice, Sir Philip Street, Mr. Justice James, and Mr. justice Davidson.) PROOF OF DEBT IN LIQUIDATION. Re Paul and Gray, and English Scottish and Australian Bank. Mr.

Justice Davidson gave the unanimous Iudement of the Court on this appeal from an order by the Chief Judge tn Equity, Mr. Justice Harvey, on an application by the liquidators of Paul and Oray, Ltd. (in liquidation), who sought a ruling whether the English, Scottish, and Australian Bank, Ltd, was entitled to nrove tn the ltauidstlon At the date of liquidation the company wa Indebted to the bank In the sum of 83.000 upon various umdiaen account different State of the Commonwealth, secured by regis tered mortgages over land tn New eoutn waies, Victoria, South Australia, and Queensland. In Ran timber 1931. the bank sent to the volun tary liquidators a copy ef Its account against the company: but no formal proof wa lodged until December SO.

1931. A statutory declaration was then forwarded to the liquidator in New South Wales purporting to surrender to them all the securities and claiming to prove In the winding up of the whole of the debt. On these facts ft was held by the Chief Judge In Equity that the attempted surrender of securities and proof tn the winding up wa not a proceeding for a breach of a covenant, agreement, or condition expressed or Implied In the nvortgage secured on real piooeity within the meaning of the Moratorium Acts. One of the reasons given for this decision wa that section 1S7 of th Companies Act gave a right to all persons having a claim against lb mmnanv In liouMatloa wnien couta measured by money and whether such ctalma were at present payable or not, to have tu value aseeseed eo that they might share In the dMrlbution of asset. Kit Hone added that th statute established statutory treat affecting all property oi tne company a toe date c4 llOTMatton for th benent of eveiyuue having aimUSr right to propurtlunate dkv tributSm.

Objection take to the lultng were no upheld by the Fun Court oa the I Th- ritnrt nal thai the annettant bank had not in feet prevea tor ee a tne eawinsi the Mora torrent uiu.isiuiai eama mm it -lan mm that the fcodimi of the Mora torhtm Act by the OMef Jwdg la Bonny was correct; But a turoier eooesvtwsn avsa orwn UTMn the OTOOQj WhlCh Wa Placed before the Chief Judge In Equity. Admittedly, said Mr. Justice Davidson, the tiaat smith Walaa lawlalatui could only deal with contract and property which were not beyond It teiTltoriaJ competency. If, there fore, the bank bad covenant unoer it morv-a-a ai in other, stata which wtra In dependent of the effect of the document made InNew South Wales and there was ho bar nrasav the Aet to a proof being lodged tn the winding up of the company, there wa sufficient bestTto establish vaUdltf of the course adopted. marwgage oocumvnv a that ne naeo sum was eecureo.

i o-ldrtloa In each document was that the request of Uie mortgagor th bank agreed to advance such forth, money UhouWOUnk fit with coTtnanttotsi) the whole of the moneys with CM. the eMUlaUarU.BA LDA. OtaOn. Uaj BMtas v. am faee thay eeacned to be austmct cunu JITLiSSi h5Zetit covenant for of th who of th advanoM.

Prtnie fa then, the position waa that unlee MUSIC AND i i PINERO'S MACOLD June Is very cold, according to the London critics, who find that Sir Arthur Plnerer latest heroine Is a mercenary, calculating creature, without mercy, and without humanity. This Is a fair summary of the verdicts of the newspaper writers upon "A Cold June," the famous dramatist's new play, produced In the middle of May in London at the Duchess Theatre. The "Tunes" draws attention to the fact that In these days Sir Arthur Is obliged to face the tact that he may be considered old-fashloned though the reason tor this Is not by any means clear, for a dramatist portrays human emotions, which are the same every age but the critic writes with more assured authority when he indicates that the heroine, to use his own words, "stubbornly refuses to come to nte," and that "the story, BftF ttetarlrinlriff wml ntr nut" Junsv th me the satire Is pointless, and the play witn- out meaning." This review may be regarded as typical of them all. In expressing disappointment at the character of the heroine, who alienates the sympathy of her audiences. "Sir Arthur's almost farcical treatment of the theme." says the "Morning Post," "Is curiously unsatisfying, and the language Is as perhaps it should be that of fifty year ago." Mis Betty stockfleld, well known to flan audiences, ha cantured the attention of the "Morning Post" critic a "a divine creature" in the role of June.

"In look and pose," he writes. "this June Is a kind of modernised and glori fied preRaphaeUte." Messrs. Hugh Wakefield, Charles Carson, and John Oaralde are also In the cast. THRES SEW FLATS. The numerous dramatis group now so active outside the professional theatre are bringing forward to-day many play, which otherwn.

would not reach 8ydney audience, and to night and the coming week three fresh examolea will be furnished to remind play goers of their new opportunities. To-night the first of these, one of Noel Coward's plays. "The Young Idea," win be produced at the Savoy Theatre. This piece la based upon the resolve of two young persons to reconcile their parents after an estrangement of 14 years, iiwim riiunrr Th nlav was first oer formed in London, at the Bavoy Theatre, on i 1923. when Mr.

Coward, the author appeared In one of the leading roles. shalu "The Man Who Fays the Piper," to performed on Tuesday evening next at tne gvoy Theatre, Is a cleverly-written aomestlc by a. B. Stern, author of "The Matriarch." which ran London, at tne i. in iom "The Man Who be applied In the prologue to Dr.

rairiey, wno Is severely rebuking his daughter, uaryu, lor her extravagant and Idle life; It passea In the pltry proper to Daryll herself, who, at the head of a firm of house-designers, Is main taining the household, and Is adequately dom inating In this role, and in tne nnaie, it oc-lonas to the man whom Daryll marries, and to whom she is as subject as her relatives were to her In the earlier scenes of the plot, The Players' Club will be third in the field on Saturday next with "The White Blackbird," In which Lennox Robinson draws another fine character, who, by a decision of the court, under his father's will, la given possession 01 the property of the family, and checks the thrlftlessness and folly of hla relatives, while incurring the bitter hostility of some of them. VISITING ARTISTS. Joseph SUgeU, who has begun his Australian tour at Perth, write to ill friend Mr. Moore MacMahon, of Sydney, of the "huge success" of hi first recital In that city. The famous violinist, and his ac.

companlat. Prince Nlkita Magaloff, were the guests of the University at a reception in Perth. In the course of a speech In reply to Professor Ross's welcome, Mr. Szigetl made reference to the Influence of machine-made music, "One of the saddest things in the part few years that as one who hs travelled through the world, have noticed." he said, "Is to see how the Joy of doing things with one's own hand ha declined. People seem to be content with Just listening passively to the radio or the gramophone, and to forget what a tremendous force for good an actual effort is, whatever be the result." Mr.

Belgetl's first programme In Perth included concertos by Bach and Moxart, aa well as solos by Dvorak, De Falls, and the American composer Ernest Bloch. vlsHtng artist, Mr. John Brownlee, gave his first Melbourne concert on Wednesday night. when, according to the "Argus," the at his concert in Gee long (his home town) were repeated, for there was an Immense and demonstrative audience. Mr.

Brown lee's easy confidence and vigorously resonant singing, ft is recorded, aroused great enthusiasm, A VATJGHAN WILLIAMS PASTORAL. "The Shepherds of the Delectable Mountains," one of the most recent works of Vaughan Williams, the British composer, will share chief interest with Tschalkowsky Fifth Symphony and the Ooldmark Violin Concerto in Wednesday night's programme of the Con. servatorlum Orchestra. Vaughan Williams style his work "a pastoral episode," founded on an incident of Bunyan'a "Pilgrim'. Progress," and the score Is allotted to solo singers, small chorus of women's voice, and an orchestra comprising strings, two flutes, oboe, and cor Anglais, with two trumpets, harp, and bells off stage.

The composer alms to present a picture of the meeting of Pilgrim with the Shepherd, their welcome, and hla resolve to continue his Journey to the Holy City, a resolve which induces him to decline the Invitation of the Shepherd to remain with them. The work I aald to be quietly sedate in mood, and remarkable for the hn pliclty of It orchestration. Tachaikewaky's Fifth Symphony, which he completed In the summer of IS I at hla picturesque country house at Frolovskoe, Is a vividly human document, in which the grim motive of fate, beard first In tne theme 01 tne mirooocuon. dominates the work, even obtruding Itself ta the romantic Andante cantaoile and the refined third movement, which I written in the form of a valse. Ooldmark Violin Concerto I not well known to present-day audiences, but It I very attractive, para ntiariv an tha alow movement, and a Gold' mark was himself a violinist he has endowed the solo part with great interest TRIBUTES TO HAYDN.

The celeUatlons in Vienna of the SOMh anniversary of Haydn's btrth lasted for two weeks, beginning wiin a pisrranag ny uimni' men officials and festival guest to Ron ran. the village to which tne oorenoarr was Dora, There there wa a celebration at Uwmodaet home of hi youth. Amons; the chief event of the fortnight In Vienna were performance nf "Th. 11. IWIII OOOdOCted DT SfTnO 'Walter, end "Th Creation- under beton or nooen negen ana mn-n.

iBMSle. which Include some ef Me nriest literature to that form to the possession ef the world to-day. The Vienna Stat Opera riroduced hi "Apothecary." One ef the tea- rtf the eelebTctlon waa a exhibition nt the Vaunt Town Hall- Thai Included tS'S momentos of hi friend. Mesa rt, nu pupu, Beethoven, and other artists of the period. A.

TOWNSvTLLB CONCERT. Mia Alice Prows, th Sydney contralto, wa leading soloist at th Tuwnsvfll Choral and Orchestral Society's first concert of the uami anil the praaa notice nnw Ih.t ah won hlxh favour in th aria. i rv SWala." from Vardl'a "Don i a numfaa. of ballad and neero DtrUuaV rjoe, sua I sjaveral fowneville singer added to the Inter- ha neosxamme. and the choir, itaklria ita ft rat.

aimeejaeica alnoa He slums at th North iawu wTer Towers, was oonouctea oy ar. w. a. toam, In aavaral tuuirtiaea. SINAI.

i and To-day In Sinai." by Major C. 8. Jarvis. Oovernor of the Province, la an recount of a land which, from the earliest d-tU' which we have record, has possessed associations. The terrain la un table for military operations.

But Blnai Is tiv-' sate to the wealth o. Egypt. On no less than forty-five occasions In the course of known history It has heard the tramp of ir.vntiir.K armies. The Assyrians, the Medes, the Persians, the Roman teutons, and Byzantine fnrcs. the Crusaders, and the Turks all crrssed the peninsula.

Major Jarvls mentions that until recently there dwelt In a certain viilsae an old man. who was reputed to be ltf vears of aee, and looked It. His relatives InM. ted that he had seen "Napolio" and his passing that way. Propped up in the sun.

he Joined in the conversation and Rave a description of the incident. A flaw li th reminiscence was the statement that rode at the head of cavalry who wore flouched hats and were called "Orstrylians." an-t of infantry who were clad In skirts. How- vr. memory plays tricks in advanced years, uprt Major Jarvls thinks that the claim that this veteran set eyes on Napoleon Is by no Means improbable. It was Inevitable that in the Oreat War should once attain become a theatre of l-istimies.

Malor Jarvis thinks that In the phases of the camnaiim. British tactics vwe at fault. The British command con-Mdered that the Slnal desert would be a bar to any assault upon the Suez Canal. But a Turkish force, under German direction. re-K-hed Its banks, and althoufth It was driven rff with heavy loss, the attempt demonstrated tint the inviolability of the canal could not he taken for granted.

After inspecting the pirtii tive measures adopted. Kitchener asked pertinently whether the British were defend-ina the canal, or the canal the British. The primary cause of the desert war. which eventually carried the British beyond Jerusalem, was to ensure the safety of the canal The Germans, too, were rjuilty of an error of Judgment, The Turks, under the control of Oerinaii engineers, were extending the railway from Beersheba towards the Egyptian frontier. A light line would have served the purpose, but, with characteristic Teutonic thoroughness, a fully-equipped one was built with perfect grades, a solid track, and magnl-licenl stone bridges and culverts.

Thus, Invaluable time was wasted. Had the work been pushed forward, the Turkish railhead might have been within ten miles of Ismallla in six months, and the Turks might possibly have forced the canal, or at any rate Inflicted heavy damage on It by bombardment. An interesting chapter Is devoted to the route followed by the Israelites In their Forty Years' Wanderings. There are two competing theories current. One Is that the refugees entered Sinai In the neighbourhood of Lake Timsah in which the Egyptians were overwhelmed and then occupied the central area.

The other is that they crossed near Sues ami then proceeded towards the apex -f the Peninsula where a certain mountain Is traditionally supposed to be the one upon which Moses received the laws. After an examination of the economic and topographical lactors. Major Jarvls Is unable to accept either view. The Israelites could not have maintained themselves for any length of time in the Inhospitable and arid areas of the centre and south. On the other hand, the regions to the north-east are comparatively fertile.

Mnnr.il Is believed by most scientists to be edible deposit left by a small Insect that feeds on the tamerlsk tree. Tamarisks are plentiful on the Mediterranean Coast, but very rare elsewhere In Sinai. During the seasonal migrations large quantities of quail arrive on the northern littoral of Slnal; exhausted by their trans-Mediterranean flight, and easily captured. Nowhere else are they found in the peninsula. Parallel with the sea runs Lake Baradwil, for most of the year a treacne-ous clay pan.

It Is plausible that the chariots of the Egyptians in an endeavour to Intercept the escapees, took a short cut over the lake, broke through the thin surface, and were Inextricably entangled In the mud. The miracle" of the striking of the rock by Moses and the consequent gush of water Is no miracle. Major Jarvis has seen a similar occurrence. In Northern Slnal are strata of porous rock holding water, but covered by a light layer or limestone. During the war members of the Camel Corps were rather languidly digging at a spot where an ooze betrayed the presence of moisture.

To Inspire them, by personal example, with more energy, a N.C.O. seized a shovel and dealt a mighty blow. The limestone cracked and fell away, and, released, a stream of water poured out. With one accord the ribald soldiery shouted: "What ho. uie i-ropnet Moses I (Blackwood.) DIVORCE.

"The Fight for Divorce," by Mr. Francis Gribble, describes the long, long struggle whereby unhappily-mated couples acquire the right. In certain circumstances, to sever the conjugal tie. The opposition to divorce originated in the Christian Church. In Re publican Rome even the ceremonial aa by "confarreatio" could be dissolved by the appropriate procedure, while the Informal types required no special ritual for their termination.

In the Roman Empire tha maxim "consent creates the marriage" was accepted. and the union could be ended by mutual agreement, even by repudiation on tha part of one spouse. Later, as a result of Urn influence of Christianity, penalties were Im posed In cases where the divorce was with out good cause: but the validity of the act was not impugned. However, when Chrta tianity was firmly established, the Church resolutely set its face against divorce for any reason whatever. In England for many centuries a divorce, whatever the degree of provocation, could only be obtained by a petition presented, after costly legal preliminaries, to the House of Lords.

These requirements put It out of the reach of any save the well-to-do. In this connection one remembers the scathing irony of Mr. Justice Maule's address to bigamist whom, though free from any shadow of moral turpitude, he was bound to con vlct. but whom he sentenced to a merely nominal sentence, equivalent to an Immediate discharge from custody. Largely as a result of this Judgment and tha comment It excited, reform followed.

But to this day the law in England Is far less liberal in respect of the derelictions of marital duty accepted as a ground for divorce than Is the law of the dominions or America or many other countries. However, except In Russia, limit i drawn In all communities deriving from Western civilisation. Even in certain American States where divorce Is made "easy for beginners" there must be a ground however flimsy or collusive recognised By tne Courts. We have not returned to the Roman Id -a of matrimony as a contract which can reminded at the will of the Denies, afar. rinee has a contractual element, but it also creates a status which cannot be varied legally without the Intervention of the authorities.

Mr. Orlbble devotes soma space to an ex amination of tha resort of tha Knallsh com mission which was appointed to Inquire Into the subject of divorce, and majority of the members of which wa In favour of broadening the rules. The reputedly con-tervatlve House of Lords has twice passed I K'lt mhnrivincr mnnv nf Its recommendations hut the House of Commons has barred the gates ol freedom to many who by every ethical and social consideration are entitled to it. (Hurst andBiacrteu.j A TRAMP ABROAD. Miunr.u.

author of "WUd i. A.rt-aitan who. after flahtlnff In thf. war. returned to Australia.

Id the nf time the wanderlust seised him, and he slowed away on a freighter, was Imprisoned South Africa, and then deported to England. Five months In London, where rti a livelihood at various loos. enough to tire him of the atmosphere of towns, and, homesick for Australia, be decided to go back. Accordingly he left England with thirty shillings In hi pocket, and irniihiinff 1a obtain a oassDort. an omis sion which was to prove embarrassing.

He did not attain hla el. but by the time he found himself In Kngland again five month later he had traveuea inw twviw ouanvies. An att-mnt to stow away on vessel bound for Alexandria lauea, out ne was aw in nhiaininir a clandestine nassage on a channel steamer, which landed him In I JIFFY. A "Ul: paid UltO InlUrt CeriUl SUma UlCCb UlO plaintiff's claim, and had contested the balance of Uie claim, amounting to 1883. The council succeeded as to 1623; but failed as to the balance.

Judgment was accordingly entered for the plaintiff for 249175.. A atav or nroceedlnoa Ior tnree weexa was erantad. Mr. Flannery, K.C., and Mr. Norman McGhla (Instructed by Messrs.

Norton Smith snd Co.) appeared for plaintiff: and Mr. Mitchell, K.C., and Mr. L. S. Abrahams (instructed by the city solicitor.

Mr. T. W. K. Waldron), for the defendant council.

IN CHAMBERS. (Before Mr. Justice K. W. Street.) KELLY BROWNHILL AND ANOTHER.

Thl was a reference by the Prothonotary of an application to set aside a writ on the ground that It contained two causes of action airainat two aenarate defendants. The en dorsement on the writ was as follows: "The following are particulars of plaintiff's claim: The plaintiff claim, the sum of 10.000 in respect or aeramatory remarxa puDjisnea uj tne aelenaant, w. A. vrinoeyer, ana prinrca and nubllshed bv the defendant. Oeorxe W.

Brownhlll. In the Bathurst Times' newspaper of Issue the 4th June, 1932 His Honor aald that, although ft was ap parently the practice to endorse the cause ox action on uie writ wnicn cdhwhn a ouviua nf intention to annrv for an injunction, and that, therefore, the endorsement wa part of the writ as the defendant contended, he be lieved that the endorsement on tms writ mignt mean one cause of action only for libel against both defendants as Joint tort feasor In res pect of th report in tne "natnursi irmes, nd on Mr. Evatt's assurance that It wa the intention nniv to declare against both defen dants Jointly for that libel, and not against one defendant for slander and the other for libel, he found that the Prothonotary riant In rltamtsalne the armllcation. Mr. J.

Bowie Wilson (instructed by Messrs. W. A. Windeyer, Pawl, and Co.) appeared for th- n'afann'anra. anM Mr.

Evatt and Mr. F. Dwyer (Instructed by Mr. Abram Lands) for toe plain tin. "in equity.

(Before the Chief Judge, Mr. Justice Harvey.) LEAVE TO ASSUME DEATH. Re John Pearson. lanHmllMi an nrkrlnatln summon WSS made bv Clement Bellamy, executor of the will of John Pearson, that inquiry should be held as to who were tne penencianea unoer the will. The testator, a retired mming engineer, formerrv of Coledale.

87 years of eg, was last seen at Moss Vale hi May, 1920, having nna fn a walle fmm which he never re turned. Bv his will Pearson directed his tn lnvnat a certain Dart of hi estate and pay "to my servants, Ann Kennangh and Isabella Simpson," and the survivor of them. 100 per annum, ana to nana poaaesscu 30 to nav the funeral expenses of these persons at their death. The trustee bad been unabl to discover that any eervanta bearing these names bad been employed by the tes tator, or that be naa ever empioyea any oer- vanta It had. on tha contrary, osen anown that he objected to having servant about him and lived in a rather neglected way, TTntfl Vila danartrrra from atnaiand at the age of 87 for Australia, Pearson had been close friend of Ann Kennangn ana uaoeua oimp-son at their native village of Frixlngton.

Cumberland, England. Both had later married. hnth han1 rli-A Mnr. he mad. hi Will.

Leave to assume aeaui wa given nut yew aim rebate of the will waa granted In August at Tn Kerch the matter cam before the Court on a summons for dlrecttons, and the executor wis directed that he would be Justi fied In assuming tnat tn -w servants men- i win latantlal with the ner. sons named who predeceased testator, and that he should proeeeo so oioiricwe uie estate ui a n-nanna arith tha trust Of the WilL From th tact BOW piaceo oaior tne lawn, a appeared that the residuary legatees consisted of a large number of persona, some living In Naw Rnuth Wale and others tn England and America. It also appeared that It was not possible for, th plslntlff trustee to secure a satisfactory Indemnity from the beneficiaries prior to distribution nor to effect valid insurance agarost the possibility of testator's resnpearance. For these reasons It was desired that Inquiry should be held a to who were tn benencianes unoer uie win. ana uit the plaintiff should be protected by an order of the Court in the administration or tne Mt.1.

1 Ttavtne aran ted the exceptional nature of tne tact aaaucea in evmeno hi Honor made an order directing Inquiry by the Master. Pending such Inquiry further con sideration wa aojoumeo. are David Wilson finsLTUCtea or Messrs. reran anrl nadanl auiieared for the Plaintiff trustee: and Mr. R.

S. Murray-Prior (instructed by Mr. R. B. sen) ior viowt jruro, a (Be fere Mr.

Jwstsee Long Inn.) u. TAwmmmtap dispute. Powell PowelL 'Reserved Judgment was given in the suit of Leopold James Powell, plaintiff, and Gwendoline Clara Powell and lb Union Trustee Co. (avattutor of the will of Harry Powell, de ceased), defendant a pill fee the winding up of a partnership and a stay of proceeding at OnTuly 11, 1921, the plaintiff and Harry Powell, who were owner in equal here of th; station property known as "Drlldool" (11,000 acres), area rrarraori. eoterea mw an sitw nan nf naitnarahtn for three Tear a iron Ftbruary is, mi, tn purpose or.

carrying 0K.nsyj asm la. iimia tonal ahare. The duration of th agreement wa extenaea irom ton to tune, and at Bury Powell' death on Decern- .7 serves as a text for a dissertation bv Mr. Chllvers on the ethics of big game bunting. To shoot for the pot, or to get rid of dan gerous or destructive pests Is permissible, he says, but hunting for hunting's sake Is bar barous.

He also gives an account of the animal sanctuaries of the Union, and of the historical associations connected with the route traversed by Huberts. (Central News Agency, Gordon and Ootch.) OTHER NOTICES. "Danalg' Yesterday and To-morrow." by Mr. O. H.

Morrison. Illustrates the manner In which history occasionally repeats Itself. For long the possession of Danalg was disputed by Danes, Pomeranians, Prussians, Branden- burgera, Pole, and the Teuton rc Knight. The last mentioned held It until 1454, when It became a free city and an Influential member of the Hanseatlc League. In 1793 Prussia absorbed It, but by the post-war settlement It was once again detached from Germany and constituted a free city under the tutelage of the League of Nation.

Danzig was the chief port of Central and Eastern Europe, but in tha 17th century fell upon evil duys. The Thirty Years War had paralysed German commerce. Many European countries had established colonies abroad, and were less dependent on the product of Russia and Poland. For some mysterious reason the herring shoals which from time Immemorial had come to the Baltic to spawn, forsook that haunt never to return. A great Industry was killed, and Danzig languished.

After the war, being the natural outlet for Poland, Czechoslovakia, and the Ukraine, Danzig enjoyed renewed prosperity. But Poland, anxious to be self-sufBelent, has constructed an artificial and well-equipped harbour at Oydnla, at the seaward end of the "corridor," and with the competltluu of a formidable rival a few miles away Danzig Is bound to be affected. It is a picturesque city, with many fine examples of Goth Is architecture Even btrtrdlng designed for utilitarian purpose are Impressive A mill for grinding corn, dating from 1384 and still working, would tc taken for a church but for the letterpress accompanying the photograph. (Danzig Publishing Co.) It Is quite appropriate that Mr. O.

K. Chesterton should have written an apprecia tive stndy of Geoffrey Chaucer, for the two have much In common despite the five centuries that asperate than. Mr. Chesterton's satire Is more mordant than that of the tolerant Chaucer, and hi humour is more robust. Mr.

Chesterton Is exuberant when the other Is sly and subtle. But both have a prodigious seat In existence, and an insati able Interest in human nature, Mr. Chesterton, moreover, is a mediae vallst and In Chancer we And the flu flower oi mediaeval literature and atmosphere. His prologue to the "Canterbury Taler" has been described as a panorama of English life of his day and a procession of English types. Before us pass the knight and the ploughman, the prioress and the wife of Bath, the dark of Oxenford and the piratical sailor, the sergeant-at-law and the miller, and many ethers, an Immortal gallery, thetr characters delineated with an extraordinary economy of effort by a few deft touches.

(Faber and Faber.) Mr. O. 8. Hints, author of "The New Zea-lander In England, 1931," was the special correspondent accompanying a team of cricketer who acquitted themselves with high credit on football is a religion, and cricket a secondary I sport. But the game has lately made great! progress, and the English selection committee paid the New Zealand sr the compliment of I retarding them as a "try out" for otoarjectlve war item ana on.

in our sister oominion members of the next English side to tour A us u. 1 1 ,1 played to a finish, and of 29 first-class matches won six and lost two, the remainder being drawn. The bat tang average were beaded by C. 8. Dempster, with 69.28, In an aggregate of runs, scored In 16 limine.

Among the bowler the willing horse although he does not heed the list was w. E. Merrltt, who. In 820 overs, took 99 wickets at a cost of 35 48 runs piece. Mr.

Hints, wheat predic- tlon seem lfkely to be fulfilled. "tlprr D. J. Jardlne the prebaale captain of the next English team in Australia. Personally, Mr.

Uinta 1. InoHnaH in think tha. rh.nmin should fill that post, if only for his gift of leadership and hi aeanng. ne eonaideri that Rnti-iiBV. Hammond.

Jardlne. and Duleen mghi re barttng combination a formidable aa Bradman. WoodfulL Ponaford. and Klpoax, and that Bakewen I th logical successor to Hobos, although! present too self-confident. a.

Im.Hh. ha InU that Tata'a attn has set. and that there 1 Oo oe to England to take his place. With the Utter jtatement Mr. Hints gim: ePnocrTUpg the former, he Is prepared to argue until Doomsday.

(J. M. Dent and Sons.) PUBUCAT10NS RECEIVED, ia r- raitna SnwakW Un tWlllBlet Onto and Japan." CMh Mm. "Thi c.pltal 4tula ef wine," SurUs. BRoras- "City ef Dreadful Hiabt an ether m.

iw.ii.i. wo and Roach. (Wtlbeesoa si i Major rets, imae.wwoa.i i 1 I I 1 I 1 i MOTOR SPIRIT Starts with a "ZIP" on the coldest day I w'r 'A i frtfi wtsisa. I I I -w XI AJ v. 7r 1 4.11 II .1 i-- "tn mrtn 1 lJ 1 rurn "WW'lll It.

JLAJL II fc" fiiS ,7 ii ifopim t.i wi Ijlf I RV i I ana.oo to ousinees graslen on i.