142 president's address. 



It is contended that the memorandum shows that the testator 

 attached much greater importance to the study of bacteriology 

 than the Senate did, and that that consideration shows that he 

 must have intended to secure a maximum number of lectures on 

 that subject, 



I do not think that necessarily follows. The passage in the 

 memorandum refers to all the conditions which certainly bind the 

 Senate to give great prominence to the study of bacteriology in 

 the degrees of medicine and science, but it does not at all follow 

 that the testator meant himself to prescribe for all time the actual 

 number of lectures to be delivered on the subject, especially when 

 the evidence before us shows that so great a number of lectures 

 as is contended for would at present be useless. 



I gather from the by-laws that the Senate, on a report from 

 the different faculties, determines from time to time the number 

 of lectures to be delivered on each subject during the terms. And 

 from the evidence of Professor Liversidge the number of lectures 

 varies considerably. That course of procedure I must presume 

 the testator, as a member of the Senate, was aware of. 



It appears to me that in prescribing a six months' course of 

 bacteriology, the testator did not mean to take from the Senate 

 the power from time to time to prescribe the number of lectures 

 to be given on the subject, but only to provide that each student 

 for the degree of medicine or science should devote two terms to 

 that particular study under a competent professor or lecturer. 



I therefore declare that the words "a six months' course of 

 bacteriology" mean such an amount of lectures or teaching 

 throughout two terms as shall from time to time be prescribed by 

 the Senate, having regard to the great importance which the 

 testator attached to that study. 



I think those last words ought to be added to the declaration 

 of the Court, not through any fear that the Senate would in any 

 way seek to evade the conditions, but as more fully expressing the 

 intention of the testator. 



The costs of all parties will be paid out of the legacy as between 

 solicitor and client." 



