president's address. 137 



With regard to the bequest of the late kSir WiUiam Maclea}^ of 

 £12,000 for the founding of a Chair or Lectureship in Bacteriology 

 at the University of Sydney, or (failing the acceptance of the 

 bequest b}-- the University) for providing the salary of a bacterio- 

 logist to the Linnean Society of New South Wales and equipping 

 a laboratory, the Senate accepted the bequest upon the terms and 

 conditions mentioned in the will and memorandum. The Senate, 

 however, of the University considering the fourth clause of the 

 will rather stringent approached the Council of the Linnean 

 Society with a view to obtaining a c.y pres modification of this 

 fourth clause. The fourth section of the memorandum provided 

 that — " It shall be necessary for ever}'- student before being 

 admitted to a Science or Medical degree at the University to 

 attend a six months' course of bacteriology." The reply of the 

 Council of the Linnean Society to the letter of the Senate was to 

 the general effect that it declined to be a party to an}'- scheme for 

 modifying the late Sir William Macleay's will. The Senate then 

 carried the matter into the Court of Equity, making the Linnean 

 Society defendants. 



As only a resume has appeared in the newspapers, and the 

 matter is one in which the Society is interested, I think it right 

 that the full text of the decision of Mr. Justice Owen, Chief 

 Judge in Equity, should be placed on record in the Society's 

 Proceedings. It is as follows : — 



Judgment of His Honour the Chief Judge in Equity. 



In The Supreme Court of New South Wales. 

 IN equity. 



Between The Universit}^ of Sydne}^, 

 Plaintiff^ and Her Majesty's 

 Attorney General for New South 

 Wales and the Linnean Society of 

 New South Wales, Defendants. 



" This is a suit to obtain the declaration of the Court as to the 

 construction of the will of the late Sir William Macleay. 



