PU _ _ ticlpltlon in hockey activities. -. .- lvlt: ~ L HARIUI It IUWN (BUARUIAN A and (Notices Registration Final Service tlf Week 0f Prayer The fifth and final service of tlte Universal-Week-of-prayer series in Charlottetown was held last night 111 trinity United ciiiureii before a congregation which filled every e,- vallable seat. The service was conducted by the llev T, E. MacLennan. assisted by the Rev. H. C. Rice who read the sizr.» ture Lesson. The Rev. G. Lai- yle Webster and the Rev. I. J. Levy both led in prayer. ‘the Rev. Ma r Fowlovv of St. Paul's and the ev. _M. D. Dlunbar of t.he Central Christian Church wei"e unable to attend. The niuslc for the service was under the direction of the church olliaiiist. ProiessorKendall, and in- cluded the choral anthem. "God Another Group llus joined the Assembly of Registered Troops on the Island. .We understand iilat| the Third (Kirk) Gl"oup forwarded their Registration Documents to Dominion Headquarters sometime during this week. This brings the number of Officially recognized Troops on the Island up to two; the Salvation Arnlv 'I‘roop and (h;- Kirk Troop and Pack. ' Apparently some Troops don't: want to Register this year neculise it was fouild that Troops who rlid not pav their F‘.:~c,istl"ation Fct- last .\"‘i"' c-"Wvctl lb" same privileges "l STiIITI-“J! as those who did and this ycai" some leaders \von.crcd W11)’ thcv should pay this year for other Troops‘ enjoyment of Of- ficial Recognition. I’. L's Cours¢ The Official Bronze Course being given y SL-l. ‘Ster- ling Vlalkci" and A. m Jimmy‘ Trainer for Advanced Training; in Patrol Leadership will begin this Tuesday ('\'Ellll‘l_‘.{, The first Session will be held at Trinity Troops meeting place. The Charlottetown Patrol Leild- ers attending this course with their Group Numbers are as follows: Wendell Barrett (7th). Don Call- beck (8th), Paul Cudnlore (7th), Maurice DeCcste (1st), Stan Dov/n (9th), Jimmy Forrcll (3rd), David Jardine (3rd), Philip Jar- dine (3rd), Dewar Lartcl" (9th) Ralph MacPhcrson (8th). Wt-ndcll MacKinnon (8th), Eri Mullins (lsi), George Scantlebury (7th), David Wood (7th). The Elgthth (Trinity) Troop Arrowhead. Note: The following news was hzviilcd in by Carmoli Thompson. who has recently been appointed Trnnp Leader of Trinity Troop. The first meeting of ‘Trinity Troop in the new year was hcld on Jail. 4th., when three new Pa- trol Leaders were appointed. name- ly Donald Callbeck, Ralph Mac- Plterson and Wendell MacKmnon. 'I'l1e Troop was honored by a visit from Red Pine who led in l hearty singsomz. A Relay Race among the three Patrols was won by Ralph Mac- Phcrson's Bulldog Patrol, but not without considerable effort. A drive is being made to enlist new‘ recruits in order to bring this Troop up to its original strength. ‘The Third (Kirk) Troop At the regular Monday meeting of the Kirk Troop, George Burnett and Babs Fitzgerald. former mem- bers of the Kirk Group. nzifd a Visit and commented on the pm- sress. the Troop has made ln var- ious activities. Sc ‘Murray MacClenaghan was t Clllrge of the Troop‘; par- The Eighth (Trinity) Cub Puck An invitation ls extended to all hoys of Cub age (8 to 12), who lug-long i0 Trinity United Church. to attend an organizational meet- iniz in lhr- Social Hall, Jan. 17th. at 6.30 p. m. ’ A Cub Pack ls to be formr-cl uri- der the capable and experienced leadership of Miss Grace Diamond, Wllh has hc-cn acting Lady (‘ub- master wilh St. Paul's Pack, Miss Bertha Storc_v_ the Lolly Culimas- icr of thi- Kirk Pack, Ml". Gordon Farrell. lllc Troop L(‘ll(l('l‘ of Th1.- Kirk Troop and l\{r. Walter Con- rod. Report of Joint Ila-cling The Joint hit-cling nf the Dis- trict Council and the Charlotte- town SL‘0iil(‘l'S' Clul) was hcl'l Thursday evening in thc trifle of Jill‘, Edwin C. ilfilllkllilli‘, Th.“ lol- lnwlng riiemhcls of the Didlzct: Council vrcri-i prcwnl: Mr. E. C. 7".'l'il!)l‘.l" and l‘.'l"". P R. McCor- ick, and lhc [tlllf)\‘.‘!ll' mcmbrrs of the S"0ll.ll‘l‘><' Cllih: (Fcorgc An- tltmsc‘. Pol: c'lt'll’lllll‘i‘_ Frank Cos- tello, Grfll!‘ Dnniontl, Roy Elzc- " Fri: ‘; Gallant, Jack Mc- ur- illiarDonnlrl, Stan - them.” is a Spirit." The Rev. T. H, B. Somers preach- ed the sermon, taking as ii.:s text, the ninth verse of the sixth chapter of St, Jtltllll. In part Mr. Somers said: “T we ourselves. taken one by om..- rct amount to much, is true; but the ideas we can stand for amount to a great deal. A world organized for peace: frcefrom the awful curse of clnss- distinction and racial pre- ludices: a world moving out to a dity of co-operation for the good of all- such ideas as these are here. They are here; tlicy have started; Ls" “c on ti“? "so": and tbsv constitute manknds richest hcpe. To say simply that their realizat- ion depends on a vast world organ lzation, will not do. 0f course. their realr/aiion does depend on that, but that, in turn, depends on enonah people like you and me ~ordlnary. average folk-who dceoly, tirelessly. and courageously, helieve in tlhose ideas and stand for Dissenting J udgement- (Continued from Page l) tile suit of Ada L. Smallwood. complainant, versus Ada L. Small- wood in hcr capacity of adminis- tratrix of the estate of the lute Vivian Smullwood. Iii her suit the complainant asked that the estate of the late Vivian Small- wood be brought in and adminis- tered under the direction of the Court of Chancery. She, then:- fore, called upon all creditors of the into Vivian Smailwood, or any claiming interest in the estate, to come in by a certain date and prove their claims before the Master of the Rolls. Among the claims entered was one from the People's Cemetery Company, prcscnlczl through the Attorney-General, and upon \Vlllt‘ll Ml". Justice McGuiuan rendered judgment on Oct. l8. The ludc- ment was appealed by the Attor- nrgv-General and arguments were liearrl in November by the Chicf Justice and Mr. Justice Arsenault. Dissenting Judgment Following l5 the text of the dis-. ' judgment delivered bl! Chief Justice Campbell: Tm; appeal is taken by the At- torney-Generai, for himself and the Provincial Secretary. mm) 34 Judgment of the Master of the Rolls disallowing a claim made by the Appellant in the course of a suit. for administration of the es- tate of the late Vivian C. Small- lvood, It appears that summary proceedings were first commenced for taking an account of the debts and liabilities affecting the estate under Part. VIII of tiie_ Chancery Act; later, on the makin! of an order for administering the_es- tats, the summary proceedings were consolidated with the pro-l ceedings in the suit for adminis- tration, under the provisions of Section 107. _ The English practice respecting the taking of such accounts re-‘ quires (O. 55. r. 48) that each" claimant must send. in advance 0ft the time fixed for adjudicating on| the claims. the name and address of such claimant, and the full, particulars of his claim. Although] our own rules contain no such specific provision. it is one which, ins been iolloyved in practice. and which should be regularly adhered to A Court of Appeal. in particu- lar, is at a greet. disadvantage in not [having before it anytliinlt in the nature of a statement of the particulars of the claim or of the i". ‘cl sought. I might further m-i ti ' - that. in the case of a com- plicated and controversial claim stish as the present. it would be prefeixible fci the parties to seek" a fuller inquiry of the claim the first instance by tray‘ of action. m the direction of an issue. or the stating of a special case. Claim Nature 0t a MllrMillzlit, H'-l"l'_v 1m Tl'i'llll'll' nnrl StrrLiig In lllp mall-l" of tllc Scout Toy Sllol). it was fcll that the {vuhlic ahould it...» lr-cn more fully in- fo.m~ll as to lvhal was (‘lrllio with flip tors ll)" Scouts fixed up, A Commit - ionslstlng of Stan Mc- lonis, - l‘ Diamond, Slcrling Walker, l-lnrrv Pineau and one member of the District Council (rel. to he apnoiiitnil), was set un to take care of The Toy Shop nr-xt year. ' ln reference to Bsems-Cililrle Week, it. was agreed to (Io-operate with the Guide: on all srtitahle activities like Church Paradm Md Concerts. The Financial Report on stool. ay was given hy the C. S . ,,easurer, Harry Pineau, and whit!) j 1, profits were higher this year cthan last, lt was po nted out that reviolls years were tlll more sue» ccssful. It was also pblnhi out. ‘that Smls, A.Sm’s, Cmln Imll Kim's were not authorized to han- dle Anpie Day as they hail to lustl your. It was not settled as to who would handle it next year Some references was male to glatratlon. and the Scooters hfl~ i loved that Group Committees ilould show more interest in regiltered and that tho District Council should see to it itlt Group Committees took an interest in their duties. a‘ On motion. the meeting adjourn- Ndw Tent look: fifty copier of the New Test l: arrived at Headquarter; Fri- , but we understand they went bu very quickly. Fifty copies are _ nly not enough. We could use time: that number. , . i‘. .~ FLASH! l ' we learn A: we‘? to preu, I the . Paul's An llcarl Clrurich n c i ,- y. In llll‘ absence of any such pro- ctecnngs, this court must extract. ltrcm the materials before it, both the nature of tile claim and the inturc oi the rrmcd" souilht. The‘ iciaim concerns the administration til a number of funds. (alleged to hi‘ short by 335166.75) paid by surl- drv z rtics at sundry tlmcs to the ‘People's Cemetery Company oft Charlottetown. of which the late Mr. Smallwood was secretary-l ‘treasurer and manager for some: years preceding ills death in Nov- ember i043. the said funds being paid to the Company for the per- petual upkeep of plots and monu- ments in the Cemetery. It also "appears that Mr. Smallwood was lfuttcrlv the holder oi about sow. lot the capital stock of the Gem-l letery Company. The People's Cemetery Company was apparently not a charitable mganizatlon but. by an amend. [l l.” if E. K. TIIUIISTON , are the liabilities merit to its Act of Incorporation passed _in 18.3 lChapter 82) the Corporation was authorized "to receive from anv plot holder. owner of other person interested lIi the said Cemetery any sum of money as a capital amount to de- fray in perpetuity out of the in- terest thereot the upkeep of any plot in said cemetery and the monuments thereon." Section 9 of the same aniendlnk Act provided: “Phat. the said Corporation and the Officers thereof shall in relation to any moneys so re- ceived be deemed Trustees thereof ‘oi the oumoses afore- said without remuneration or re- ceipt of any profit in relation thereto." Cemeteries Act ‘ By the Cemeteries Act passed lll i938 (Chapter 5. Sec. 3) it was provided that: “All moneys received and held or controlled by anv person for the purpose of permanent in- vestment and for the use and a plication of the income there- of) for the rpetual mainten- ince or upkeep of anvnzrave or graves or burying plot in any such cemetery or burying ground shall be held by such D8750?! upon Public Trust. and such person shall be held accountable for the proper and legal ad- ministering thereof to the PTO- vinclai Secretary on behalf‘ of the Governmental this Province and of the persons interested in the legal employment thereof for the perpetual upkeep of mid graves or blots." The Act clearly applies both to moneys paid before and to moneys paid Miler its was-sins and cues on to require the filing of accounts with the Provincial Secretary. Sec- tion 7 provides a oenaltv for a non-application or mlsapplicatlon of the trust moneys concerned. There would seem to consid- erable doubt as to the validity of Section ‘l but. inlany 0856. the intention of the Legislature in passing it appears to have been to acid to the remedies available against trustees rather than to re- place them. Neimei- the Cemetery Company nor Mr. Smallwood gave any ac- count m the Provincial Secretary. although requested to do so, nor did Mi". Smallwodd. who armament- l‘. had full control of the man- agement and investment of the funds concerned. left-Vt Bu)’ "- count. of them in the Cemetery Company's books. And no information has been produced as to whether the funds received are still extant and. if so, in what. iorin. The Appellants 9131111,) s; I extract. it from the materials before the Court. is for an accounting of the funds held by the Cemetery Company for perpetual upkeep of blot-S 811d monuments. and controlled by Vivian C. Smallwood as Mamliier of the Company; and. if the ac- counting so indicates. for the re- instatement. of such funds and reparation for an)! bfeflch 9i trust. Volcee Disagreement I am unable to aaree with the conclusion of my brother Arsen- ault that the management of the funds concerned is a mere mat- ter of contract between the Cem- etery Company and the devil-ilk ors of the funds. The Cemeteries Act declares that such funds shall be held upon Public Trust. and the company's i813 amendment declares that both the Corpora- tion and its officers are deemed tlustees thereof. It therefore seems clear to me that such funds" are impressed with the usual at- tributgg of trust-s. rather than be- ing regarded as mere pavmmt! for contemplated services. Nor does it- appear to me thili the boss sion of general cash as- sets of 2.000 and some other in- definite assets can be regarded as sufficient assurance that a limit.- ed company will b: able to oer- form in perpetuity services for which $3,560.75 was provided by the depositors. In anv case. it seems to be clear that the deposit- ors never contemplated the merg- ing of their funds with the ord- inary assets of the Corporation. Differences Noted It. is true that a trust is. in its inception, a form of contract but. when a trust becomes executed by the vesting of the trust property. it develops radical distinctions from ordinary contracts. Not only and remedies for, breach of trust different from the liabilities and remedies for breach of contract but the parties who may enforce or release a trust are entirely different from those who"may enforce a contract. A contract on the one hand can he enforced or released only by the parties to it: an executed trust. on the other hand. can be en- forced only by a beneficiary. and the creator of the tnist can en- force or release it onlv quo ad beneficiary. Consequently. if the statutes to which I have referred are effective to olace these funds in the category of trusts, none of the trusts affecting any of such funds could be enforced by its depositor except in so far as he himself might happen to be a beneficiary under its terms. One of the normal incidents of a trust: is that the property ie held for the benefit of persons who are called the beneficiaries or ceetuie que trust. In the case of funds such as these. it is very difficult to determine just. who are the cestuis que truet In any instance. especially after the lapse of con- siderable time from the creation of the fund. Cue Cited This verv problem was discussed by North, J.. In Re Dean; Cooper- Dean v. Stevens (1889) 4i Cti. D. 552, page 550: "It is said that there la no ceatui que trust. who can en- force the trust. and that Court will not recognize a trust unless it t.» capable of being en- forced by someone. I do not. ae- sent to that view." North. J.. declared that a-leg- acv in trust for erecting and re- pairing a monument would be good "although it la difficult to say who-would be the ceetul que . trust of the monument." But, he also pointed but thlt "ll t l: not a charitable truet. tm ltistocometouieadwithin the limits fixed b? the 11110 ainst uerpettiltlel it would bl ilegal. .. .. But a who has been appointed M , Appliance Division Halifax offlce.l Canadian General Electri c ' . Ltmltld. Mr. 'nt'illl‘flt0n x C '5 Sam John pofflee in» 1819 III _Wl8 appointed Lem Div- idol Mahler a Hallie: h l out e certain tum in monument. and‘ the lift of en- othei- ruin in trust to apply the some to ‘" villi that monument in rev-tr. any. or ten veers. le. to mv ion n perfectly good n». u% I a» at no who "(will "i 3M Court. to eiif 1" e ll- ' - - Il"‘bfl£iuou oe saia full! me trust must fail becaus. b18119 l5 n0 0M woe can netivery en- lorce it." Vllidity 0| Trust T116 Sl-lilll-tb Wiiiei" L nave cited were unuflPH-llv passed to ueai Willi "it V"! two DIDJIJIIS mail- "Qlkli "Y "will. J If. connection with legacies or deposits of this nature. 80th statutes cieaiuy rfiwifmke me vailoity of such trusts. tn 5917-0 of lneir perpetuity, and tlie ._Celnet9ries Act. relieves we question “Who was the cestlii out trust?" by declaring that the funds are not! unon Public Trust and clotlilzia the Provincial bec- IBWIY Willi 00W"; of enforce merit. As l-o_ tile Attorney-General. the authorities all lppeur to assume that he i5 H Ilroper party to en- force Dllbllv rights and the issue involved is usually wnether parties interested can enforce a oublic right". in the absence o: the At. tnrney-(ieneral. A8 8X1 OXKIHDIE. in the case of Boyce v. Piidcllngton Borougn Council. (i903) 2 Ch. 558, an in- lurictlon was sougnt against the erection of a screen on a disused burying ginund. At a late stage of the proceedings, the Attorne . General was added as a olaint f. and Vaughan Williams, L. J., at bare 664, raj-s: "We are now in a position to determine the ques- tion as between the Attorney- Geiieral. ICDXCSEIIUIIR the public. and the Borough Council." I therefore hold that the funds in question were held upon trust and that. the trusts being nubile, the Attorney-General (ex of- ficlo) and the Provincial Secre- tary (by the Cemeteries Act) are proper ‘parties to seek enforce- ment of the provisions of the trusts. Liability Of Estate The more difficult question re- mains as to the liability of the estate of Vivian C. Smallwoodfor alleged breaches of those trusts. Ordinarily, the trustee is the 11er- son in whom the property or es- tate of the trust has been vested and he alone is llable~ for a breach of trust. The trustee's agent OI‘ officer may incur liabil- ity to the trustee. but he ls not ordinarily regarded as a trustee or held liable as such to the cestul que trust Under certain circumstances. however. which it l5 not necessary to consider here in detallutzhe of- ficer or agent of the trustee may himself become a constructive trustee d_e son tort. ‘The law on this subject ls ner- haps beat expressed by Romllly. M. R-. in I-Iardv v. Calcy (i864) 38 Beaven, at page 367. where he says: . "It is said that. I cannot dir- ect an account against Mr. Galloway. because he is only the solicitor of the trustee, and that I have held iii Maw v. Pearson that the ccstuis que trust must. get it through their trustee. I have always so held, but I think the principle does not. imply here. Mr. Galloway has acted otherwise than as solicitor. he has taken upon himself the performance of the trust. In April. 1881, he received 400 l. trust moneys. which he ought: to have divided between the cestliis que trust: instead that. he paid it. into his private bankers, and not into the Hull bank as he had been ordered. He then became a trustee of that monev for the persons en- titled i-Ie draws seven cheques upon it to answer his own Dur- poses to the amount of about: 1'10 1., and 232 1. is lost by the bankruptcy of his bankers in June. 1861. After that he re- pays the cestuls que trust the 170 1. which he had drawn out: but why did he not pay the whole to them at. once? It was his dutv to do so. and he had undertaken to do so. Inst/Bad 0f this. he takes the money for his cum purposes. and thereby be- came liable to make it Z0011 them to whom it belonlzi." Commonly. as Romlily. M. R. indicates. such an additional con- gtructive trusteeshlp arises only where the agent. or officer of the trustee has lzone beyond the flinc- tions of an agent or officer and m; “taken linen himself the D61‘- formance of the trust." Trusteeship The Cemeteries Act. Section 2 (a) defines "person" as infill"!- lng owners or managers of cem- eteries or burylnlz grounds 88¢- tion 9 of the Comoenys 091i; amendment has the clear effect o constituting the officers as addi- tional trustees whether. or not. Lhgy have taken upon themselves the performance of the trust. or been parties to a breach of it. such a provision ls no doubt very broad. and it ls berhaoi difficult to fix any definite limit to its ap- plication. The actual trusteeshil) normally continues ‘only dull"!!- Lhg term oi’ office. and. oartlw- larly as the statute of limitations does not apply to trusts, it may be considered excessively burdensome that any officer of a combafl)’ holding such funds might be held liable to accounting at any tlml! in the future. In practice. how- ever. such officera who leave a substantially accurate account at the end of their term of office. and who are not shown to have been partleg to a breach of t/rust. will be sufficiently protected by the rule that trustees are entitled to their coats of accounting unless ggg|gjgngd by their own neglect of misfeullnee. subject to that: protection, the ljgbillty of a trustee normally continues until he is lawfully dis- chaiied. The‘ first ltabilRv of a that.” u to account. He must keep clear and accurate accounts of the trust property and at. all reasonable times at the request of the beneficiary give him full and accurate" information es . the amount. and state 0f "l! m!“ property (Uriderhiil, 0th Em, page 559) ciiluy. J..-in a. noon-me v. Wilson, (1882) l Ch" 8t D889 an. stated as a immoral rule that "A t/riistee ls bound to give his mam que trust orowtlnlarml- tlon u to the loves ei-lt of the estate." Page 00d. L- J» . u name (i800) 1.. page 820. says: hi; account is ie lll the ieu l simple onefmthet "punt" m, noun fer m: imam The liability of e trustee to Ic- count and to nib 004 a treat devol . In .::.:.'~..:v "*- 0. I10 Iild ‘d! fut’ l of the I'll!!- g W in 18ft "ti! "lb!!! fear-l: I "Look." said an acquaintance of mine the other day, “I'm a tirm believer in insurance. I think it's a. wonderful idea for peuple who have their future plum out and dried and who know just how they are going to be situated this time next year. But howoan I choose the type of insurance that I ahould carry when my plans are all so indefinite? Why ahould I saddle myself with a policy that may be entlreiyun- sulted to my needs in a year or so?" “No ‘reason in the world," I reterted, "But how would you feel about a. policy which in rel-Dy four policies in one, with five yesra allowed for deciding which one suits you best?" "You can lead me to it?’ he said. "If there la such a. plan I'd like to get in on it while I'm still young and healthy." The Adjustable Policy IS such a plan. For the first five year! the assured ialeovered for the full face amount: of the policy. At the end of this period he can‘ choose a. Limited Ufa Policy, an Endowment Policy, or a Whole LlfePolicy for a. considerably increased amount. He can, if he prefers it, continue the policy on the Whole Life basis for the original face amount but at a much reduced premium. Thus, at no additional cost, and with- out evidence of health, the assured can limit his period for paying premiums or have the " policy mature to his own benefit, increase the amount of insurance or decrease the amount of hie premiums. Could anything be more adapt- able? Why not obtain further details of this plan-of-many. purposes? Call me today. You ililllltlll. eullliiilllll Ibis "column n rationed loi new: oi Ieoll tllierwt, but. navel-Jami cl e IUII) nature may he llllrlo, a five cent: a word. otrlcfl! Bl!- n e tn licence. -‘ BOOK-REVIEWS broadcast over CF01. Saturdays at 8:45 PM. tre- ten Wiilliit. l-Ifl-li Sunday, 3:15. Mrs. Moff-att will speak on “The Great Terrible 0! Light." l-il-l u---— O LISTEN to the book-reviews DN- sented by the Prince Edward Il- land Libraries over station OPCY. 6:48 Saturday evening. “M! t ‘ l SAD NEWS RECEIVED - Mr. and Mrs. JP. McCloskey, Cit , re- eelved the sad news last nil; t. of the death of their coin Arthur at the Toronto General Hospital ATTEND CONVENTION-Among those attending the second annual convention of the Canadian Rest- aurant Associatlomhald ln Tolonto from Jan. 7 to 0, were Miss Mabel White and Mrs. Milton Bell. both of Charlottetown. AMIIVES HOME — Bandsmiln Reginald McGregor. who served o- verseas for more than five veal-e. arrived at. his home, 34 I-‘illlsboro Street, last evening. He was with the Royal Canadian Artillery. THE PRESBYTEIIIAN CHURCH in Canada. Brookfield Charlie. Services next, Lord’s Day as fol- lows: Glaeaow Road ll AJtd-Z Brookfleld. 8 P.M.; Hartsvllie. 7:30 RM. Donald Nicholson. Student u Minister. l-12-1i. BAHA’! EDUCATIONAL SEM- INAR. Queen Hotel, Sunday, 8:80. Lecture: "The Qualifications of a World Educator". conducted by Mrs. Robert Lee Moffett. All wel- come. 1-13- ~ W.M S. MEETING - Mrs. WJ. Drake entertained the members of the Baptist Church W M S. at her home. 191 Grafton Street Thurs- day afternoon. A, pleasant and profitable meeting was much en- joyed dalntv refreshments served before farewells were said. WAR. BRIDES COMING-Antoni‘! will incur no obligation, and I ~ shall be glad to be of service to you. I-I. C. BOHAKER Unit Manager Phone 835 Still LIFE 0F illliliil 148 Richmond Street Charlottetown. P. E. l. the 11 Canadian Army wives des- tined for homes in the Maritime: who will arrive at Halifax from overseas on Jan. 14. are Mrs. Oliv- ln E. Gavin and child, husband. Pte. R. R. Gavin. Tignlsh: and Mrs. Mollie Cullen, husband. Pie. W. T. Cullen, Hope River. RECEIVES PROMOTION -Woi"d has been received in Charlottetown that Lleut. John Kenny. R C ‘N - VR , has been promoted to Lieut- Commander and udil take up new lin (1913) J0 T, L. a, 137, Where there are more trustees than one. a breach of trust cre- flles a Joint and several liability. per Gifford. L. J.. in Ex o. Norris. In Re Blddulph (1869) 4 Ch. App, page 287. This principle applies with equal force where some of the trustees hold under an express trust, while others are liable constructively. As Ellrllflk. J.. says in Cowper v. Stoneham (1893) 68 L. T. 18: “It; Seemsto me that this Ls not a case of Erimarv liability on the pm oi t e trustees and secondary lia- bility on the mm of the solicitors. but Messrs. Stoneham and the trustees are all equally llaible." The some principle was laid down by Leach-M. R, in Wilson v Moore (1832) 1 Mylne and Keen. D386 146, where he says “All parties to a breach of trust are equally liable: there la be- tween them no prlmary liability; and if the widow (against whom no relief was sought; in that case) were a party to the breach of trust. that circumstance will not in any manner protect the de- fendant from the plaintiff's de- mand." The ‘ectslon of the Master of the Rolls was affirmed on an- peal by Lord Brougham, L. 0., pane 33'! of the same volume. In the present case the Cem- etery Company was not made a party to anv of the proceedings. While that seems to be regrettable. it is ailitllfflmy not fatal to the rcmecly sought. particularly as Mr. Smaliwood became a direct trustee by statute, and not merely construct vely. Finding I find from the evidence that Mr. Smallwood was an officer of the Cemetery Company to whom the trust funds were paid; that: lie had and exercised full bower of investing and managing the funds; that". he failed to render u reasonably adequate, or any. account. of his management. eith- ei to the Company or to the Pro- vincial Secretary. None of these findings is at variance with the findings of tact made b Master oi’ the Rolls the evidence provides strum! Mirna facie proof of a breach of trust for which. in the absence of an adequate accounting. Mr. Small- wood and hi! estate would be found liable I would t erefore allow the appeal and o ei- that the Ite- spondent, as admlnietratrlx of the estate of Vivian C Bmailwood. furnish an account of the trust funds shown to have come under his control as manager of the People's Cemetery Company of Charlottetown. and the if on such accounting that such trust funds have been depleted by his nealect and mlsfeasencé. then the deficiency should be declared to be a liability oi the estate '0! Vivian C. Bmallwood (The Peo- ple's Cemetery Company of Char- lottetown preferably to be mldv a psi-w to any further proceed- ln s). In view of the ludzment on title appeal. resultin: from an et-‘tlll divleionof the Court. and of the fact that the A llant. with ree- eonable Jllstifiea ion. in mv win- ion. misconstrued the proper Nin- “iv in the circumstances. I MOW meat: tliietmghedfiinhof In . coun o I gr _ estate of Vivien C lneli b rtiu int! ll‘. notion for the of the rlttite involved. duties in Saint John, NB. latent.- Ci "in Kenny has lust re- turned to New Bnmswick after spending a month's leave with his family in Charlottetown. YORK UNITED CHARGE. Rev. J.A. Nicholson. minister. services Sunday, Jan. 13: 11 a.m. Central Church; 2.30 p.m. Pleasant Grove; 7.80 p.m. York; 2 p.m. Sunday School at iYork; 2 p.m. Sunday School at Brackley. On Monday the annual meeting of Brackiey congregation will be held at 8 o'- clock ln Bi-ackley Church and on Tuesday the annual meeting of the Central congregation will be held in Central Church, also at. 8 tilclgcliri .1 . . STURGEON RED CROSS UNIT- The ladies of Sturgeon who have carried on an active and successful Red Cross Working Unit during the war years, have recently forwarded a contribution of 826.10 to Divis- ional Red Cross Headquarters in Charlottetown This donation is to go towards the materials for the clothing now being made in large quantities for the relief of civilian women and children in the Europ- can countries. POLICE COURT - In the City Police Court yesterday morning, a i-emaiiueo iemaie orimi: aim disord- erly was fined s10. and costs or l0 rlflys and Ordered to pay s.) damages tor broken Wl-INIOWS or serve an ado- itional 5 days in Jail. A local youth, charted with common assault, was fined ail-and oosta or l0 days. A drunk and disorderly was sentenced to 20 days without". option of a fine and a second drunk and disorderly was fined 810 and ooets or'20 days. _ Mrs. (Rev) JH. Bishop is rest.- ing comfortably after undergoing Hi1 vDeratlon at the PE. Island Hospital. . Friends of Mr. Leo Floslltei‘. Mor- eli. will be pleased to learn that he ls making a rapid recovery after having undergone an operation at the Charlottetown "Hospital. ‘ anvrns TAYLOR - At P. E. I. Hospital. illgflanilariva at. 1946. to llgr. and Mrs. r yor a daug ter. Ttnimilvs _- t Mount await 0n 5. i946. to Mr. and Mn. . e eon. James Ken- Janua Han-y neth. BlItT-At. the Prince Edward Is- land Hospital on Jan. u. ism w Mr. and Mrs. Martin Blrt, Cher- iottetown, a daughter. MABIIAGIB GlLLIS-IOSQ --' At, the Belfast Presbyterian Manse on Wednesday, Dec. . 1946. by the Rev. EC. Evens. Alice Maude Hose of Oar- field. to Murdock Preston Gillie of. Melville. - DEATHS COADI-AT Jmokvnle on y in mineral Monday Joeeoiro calla-oh. Jan. of in Toronto, Dee. 81. o u 00. Surviving are two do Itltterrf Mn. Thomas Kennedy of Iifflilo. end Mn. Robert Boyd 6! Toronto, and a number of grand and event- grandchildren. I-Ie we: buried in TOIOIIMF-Bydfley Powertl. "MD. a Herculean '" UNDERTAKIR gvdnviy. .\i U‘ i. ‘ I a l BAHA’! RADIO BROADCAST' .‘.. . ~~aaliituieivirol ' M O it‘. “W: _ m3" _ Inning all" Petition-bulked pIllIt-i come into lay jult ' |e on. The; we ll the highest prieee of the you'- reneh lull, llmllttltn jut when premiums fur USO 12o JOHN sr. ivf Chat. Worth. one of Blue Berri- gln, Queen 5L. Charlottetown. Wm. C‘ ’ " . launching. W. K. Crafer, R3. l, Konlhlfl-oll- Wiruton W. Currie. Alberton. Earl Diamond, Winaloe. Mi-e. George Mulrheed. St. Kleen- oil. Winston Dingweli, Morel] Station. Raymond Doucett, Hunter River. Mn. Arthur J. Eamon, New Ann- u: Frances Gardiner. Launching. J. Harry Green. Central Bedeque. Clareric l‘. Heel , 5 Euler-ale. m mhmm’ leiil on‘: Glut main r - u! more we m continua thofipolltry PIIIOI_IIIO start: i bl lu I f..."..i..li'iii‘ii‘f"atll tu as: vrlw bestow» lull tar I'll" tbmfill l‘!!! Miami w» III bully . col-Iv for market when clement] Ill allele ere eimngect. With the ml aria-ii on‘ unmet prion In; teheciee to supply you with those extra-good Bniv. LIMITED HAMILTON, ON Geo. B. Home. Box l8. Lot u, I linfl 0o. » u. A. Jeliey. omen-y. _“ 0. C. Johnson. Churchill hem, North Trina. _ Leela Kllbrille. Poet Hill. _ _ a. r. ihmukie, Tnudie one. lobed J. Show. Bloomfield- ~ i Clue. l. Malay, Park Corner." Oerth uni-en, m 1e, mu Welt. , . hula-renter, Ill. 4. Heath;- l. I. Stewart, itlnnteluo- l EIIIOI'_WIIID, Wllmot Valley. l’ ‘ » A total of 8,248 articles were sent from the Red Cross work room, Sum rslde, during the past year. This nformation was given at the annual meeting oi’ the Sum- merslde branch of the Red Cross Society which was held in the Town Hall on Thursday afternoon. Mr. John E. Campbell, president of the branch was in the chair andwecelved the different -renorts. Mr. Campbell extended his con- gratulations to the members for their successful work during the year. It was decided to postpone the election of officers till a later date. A report of the war work showing the amount of articles was pre- sented by Mrs. M. E. Small. Appreciation was expressed to the Catholic Women's League, Wo- men's Institutes and other organ- lzatlonc for their heln in prepar- lnlz many of these articles. The financial report was bre- sented by the treasurer, Mrs. WI‘. Strong and shows that a substan- tial amount of money was raised and expended. 1t will be noted (Continued from Page 2) lng program was carried out: Opening chorus: The School. BlAtddIBSS of Welcome: by Jean T Recitation; "When Pa Is Sick".\ by Leo Maclntyre. Dialogue; “Foolin The Agent." Recitation. “Writ n; To Santa". by Grace MacDonald Motion Song: by 6 pupils. _ Recitation: “My First. Day At School". b Joey O'Brien. Stone: " reamtide".- by Mei-tin Bir . . Dialogue: "Eating A Ll Mode.” ichrlstamas Song: "Away In a Manger," by Jean Blrt. Two-Step: by Patricia and Shirley O'Brien. , Recitation: "The To s He Doernt Like." by Raymond lrt. Christmas Carole: "It Came Upon The Midnight clear". "Hui-kt The Herald Angela Sing" and “silent Night". by eenlor girls. - Dialogue: A Christmas Dino- pointment. Recitation: “Hard To Learn" by Garth by Sterling Brown. fmtrumentai Music Blrt and Charles Aylward. "Sing Sonir’. by 8 uplls. Recitation: "A Christmas 8leepy_ Head,” by Shirley O'Brien. Dialogue: "The Premature Pro- basal. Step-Deming: Charla O'Brien. Recitation: "Good Bo by. ounhn Everett Biro, . 248 Articles For Red,’ Cross Made At Sbide f that the rum of $800.00 was cent to the headquarters of the Inland Division o! the Red Crou Society at Charlottetown. - Iteeeiptu- . Balance at beginning of J1 til» 00 Red Cross Boxes Milk Fund .. .. Rummage Sales & Pin y Sales . . . . . . Campaign Suppers . Red C C .. Bank Iliiotsesreatorf. . . . . . . .-¢ . . ~ I Expenditures:- Materlals mnresuge , Red Cross Come Blood Donors Clinic . Postage (k Mlseellaneoul .. -.< Stationery 4b Advertising. ‘ P. I}. Island Division 80000 _. / l Annual School , 9 : “A Chrietmll Wish". by Bernice MacDonald and Attila Webster. Dialogue: "Married in I-Iatti‘ Recitation: “Style? by maple MacDonald. . . Dialogue: "Racine Rarities an” Agtlon "Sou: "The Yellow e Recitation: “Family Troubles". by Glenda A. “,0 .0‘ a i “ fill-tibial rec inc." by om Be . i Iélaogue: ‘final-Hub Marga-lane; a ress r toenails. " ' ‘"- Closi ehortiil. _ _ . After he cioeliit choral Se n Claus acoeerer‘ in hi: usual l a1 manner. and present-ed many love- lv gifts to both teeoh ills from a nicely dec heavily laden tree. ‘the National Antlimi broiinht the lmllflm to a eose. 100 Late To Classify WANTED - TWO on. rinse roonu. oreferebl unfurnished. by two adults. P no lltlihn-u FOB SALE - FOUR DUAL PUR- pele Bhortoorn heifers. one end a half were old. bulll. ten months old. All I' cred. ply to Athol Robe l. with e Station. 2-1 -if aArr We would advice those who nail repelrlito electrical unite to have them done as soon a ' when the spring rush comes patrons long time foi- service and pal-ta. Have your ileeeeury elec- trical repairs on carburetors, fuelfipurnperelimfllorle pow- a- Grafton Street pooltlbl , tit m» lgiit haze ‘in welt. a MaeRAE 5, l Tile Ieluui M914"): Tran as in effect no connect one will imam" January 11th t to Samuel-side, and the l0 P B Cb riqttetown, will be cancelled. . _ "l ti! an tile 0:48 PM. tripe leuvltl Gilt! lMOMt v ‘ougzu reed eon lam Seam relic uiu will lulu a . ‘ ti: . " ‘. in "nailing; Schedule cannon i it Ltllfwinli til-announce ’ 7:!) AM. lrl , Cher-lette- " sflwrll: ‘ ‘w lfliilltti 30ml“ fi “m” " . militia gentile.