and upon reading the affidavit of Robert Calder Marshall filed Novem ber 20. 1937. and the affidavit of Arthur Ernest Seddon filed Novem ber 20, 1937 it is declared as fol lows—
Order in Detail 1. That (a) with a view to the better enabling of the plaintiffs to prepare a scheme for the permanent removal of the above named school io another site as authorized by the order of the court of the 16th day f May 1933; and (b) notwithstand the absence of any power in the will of the above named testator in that behalf contained: the court, pursuant te section 57 of the Trustee Act 1925 Goth hereby confer upon the plaint-its (subject to the conditions set out in paragraph (2) hereunder power to grant. with the consent of the trustees of said will a lease of the premises known as No. 219 Kiukiang Road Shanghai now occupied by a portion of the Church House of Holy Trinity Cathedral and by the said school, for a period of rine months to St Luke's Hospital for use as a hospital. and during the period of such lease to rent other Suitable premises for the use of the tid school and to pay the rent there-€f out of the income of the said school.
2. That. whereas the court is of the opinion that the leasing of the said premises known as No, 219 Kiukiang Road Shanghai for a period of nine months to St. Luke's Hospital as aforesaid will involve a conflict of interests between the Trust of Holy Trinity Cathedral on the one hand and the trust of the said school on the other hand as to proper divi sion between those trusts of the rent to be received from St. Luke's Hospital, the court doth direct that the proportions of the rent which Shall be credited to the income of Holy Trinity Cathedral and to the income of the said school respectively shall, if possible, be recorded in a written agreement between the plaintiffs, (representing for this purpose the interests of the trust of the said school) of the other part and that such written agreement shall be filed with the court within a period of one month from the date hereof; and that in the event of the plaintiffs and the trustees of the said will finding it impossible to arrive at an agreement within the period aforesaid the question of the proportions of rent to be credited to the income Holy Trinity Cathedral and to the income of the said school respectively shall be referred forthwith to the court for consideration and deter-
And order was also made as to
Text read from the printed page and cleaned; old type leaves the occasional error.