& Co., consequent upon the sale of that Bank's business to Messrs. Lloyd's Bank Ltd. as from the 1st July, 1900.

2. Under the terms of the agreement for sale certain of the assets of Messrs. Brown Janson & Co. were excluded from the sale; among them were a large number of debentures in the Rio Grande Irrigation and Land Co. Ltd. which had been transferred to Messrs. Brown Janson & Co. as security for advances. The amount of these debentures according to the records of Messrs. Brown Janson & Co made by my firm were £38,250.

These records also show that £250 Debentures were subsequently delivered to a Mr. Mark Whitwell, leaving £38,000 Debentures held by Messrs. Brown Janson & Co.

3. Among the papers of Messrs. Brown Janson & Co. in the possession of my firm I find a list which appears to have been made by the liquidator of the Company dated February 25, 1901, giving the following as the names of the holders of the debentures of the Company and the amount of their holdings at that date. exact copy of the said list is now produced and shewn to me marked "W.C.S.I."

An

In the said list the first two holdings amount to £38,500 Debentures of which, as already stated by me, £250 Debentures were subsequently delivered to Mr. Mark Whitwill. I cannot account for the discrepancy of the other £250 Debentures.

The £38,000 Debentures aforementioned were at the time when they were handed to my firm by Messrs. Brown Janson & Co. bearer Debentures, but in the latter part of the year 1902 my firm deemed it advisable to have some of the securities held for debts then unrealised registered in the joint names of two of the then partners of my firm, viz:-Messrs. George Sneath and Joseph Gurney Fowler (both since deceased) as agents for the said Messrs. Brown Janson & Co. and accordingly the £38,000 Debentures aforementioned were, as is shewn on the face of the Debentures, registered on the 1st October, 1902 in the said joint names and are, so far as I am aware, still so registered. The said £38,000 Debentures are still in my firm's possession.

4. According to condition No. 6 of the Debentures (a cancelled print of which is annexed hereto marked "W.C.S.2") the registered holder is to be deemed

exclusively entitled to the benefit of the debenture and the Company and all persons may act accordingly.

This is the Exhibit marked "W.C.S.I." referred to in the affidavit of WILLIAM CECIL SNEATH SWorn before me this 12th day of October 1923. C. WILFRED TEE.

(in security)

S. Hope Morley on behalf of Sir W. H. Wills....

Sir Frederick Wills

H. O. Wills

Mark Whitwell

Arnold Morley

Harold Morley and himself (S.H.M.)....

(of this sum 2,000 is held in security

against loan)

Rev. Joseph Heath

Hon. C. J. Verekea....

37,450

1,050

5,150

100

50

THIS INDENTURE made the third day of May One thousand nine hundred BETWEEN The National Safe Deposit Company Limited of No. 1 Queen Victoria Street in the City of London hereinafter called the Trustees) of the one part and Nathan E. Boyd of Kilmarnock House Kenley in the County of Surrey England Doctor of Medicine of the other part WHEREAS these presents are supplemental to an Indenture (hereinafter called the principal Indenture) dated the twenty-eighth day of August One thousand eight hundred and ninety-six and made between The Rio Grande Irrigation and Land Company Limited (hereinafter called the Company) of the one part and the Trustees of the other part being a Trust Deed for securing One hundred thousand pounds First Mortgage Debentures of the Company in manner therein provided AND WHEREAS the Company has gone into voluntary liquidation and the trust for sale under the principal Indenture has consequently arisen AND WHEREAS by clause 10 of the principal Indenture it is provided that

when and so soon as the Trust for sale shall have arisen the Trustees may and shall upon the request in writing of the registered holder or holders of one half of the Debentures of the Company by writing appoint a Receiver of the mortgaged premises or any part thereof AND WHEREAS by a Resolution of the Debenture holders of the Company duly passed at an Extraordinary General meeting held on the first day of May One thousand nine hundred it was resolved that the Trustees be and thereby were requested to appoint the said Nathan E. Boyd as Receiver for the Debenture holders in accordance with the provisions of Clause 10 of the principal Indenture and the Trustees have been duly requested in writing to make such appointment accordingly NOW THIS INDENTURE WITNESSETH that the Trustees by virtue of the power conferred upon them by the principal Indenture and of every other power in this behalf them enabling do hereby appoint the said Nathan E Boyd to be Receiver of all the mortgaged premises comprised in and subject to the principal Indenture in accordance with the provisions of Clause 10 of the principal Indenture IN WITNESS whereof the Trustees have hereunto caused their Common Seal to be affixed pursuant to a Resolution of the Board the day and year first above written.

The Common Seal of the National Safe Deposit Company Limited was hereto affixed in the presence of

(Signed) H. C. RICHARDS, Q.C. Directors.
}

(Signed) EDWD. THORNTON,

(Signed) A. E. ORAM, Manager.

J. W. P. JAURALDE, Notary, London.

United Kingdom of Great
Britain and Ireland

England

City of London

SS.

[Seal.]

To all whom these presents shall come I JOHN WILLIAM PETER JAURALDE of the City of London Notary Public duly admitted and sworn and practising therein. do hereby certify that on the day of the date hereof personally appeared before me at the City of London. aforesaid HENRY CHARLES RICHARDS Queens Counsel Member of Parliament and the Right Honourable Sir Edward Thornton two of the Directors of the National Safe Deposit Company Limited and Arthur Ernest Oram

the Manager of the said Company and who acknowledged to me that they were such Officers of the said Company and that they had executed the foregoing Instrument for and in the name and as and for the free and voluntary act and deed of the said Company for the uses and purposes therein set forth. And I further certify that the Seal affixed to the said foregoing Instrument is the Common Seal af the said National Safe Deposit Company Limited and that the said Common Seal was affixed to the said foregoing Instrument on the day of the date hereof in my presence. And lastly I certify that the Common Seal of the said Company was affixed to the said foregoing Instrument pursuant to a Resolution of the Board of Directors thereof.

In faith and testimony whereof I have hereunto set my hand and affixed my Seal of Office at the City of London aforesaid this Third day of May in the year of our Lord one thousand nine hundred.

[Seal.]

(Signed)

J. W. P. JAURALDE,

Notary Public.

[1/- Stamp.]

CONSULATE-GENERAL of the UNITED STATES of AMERICA for GREAT BRITAIN and IRELAND at LONDON.

I WILLIAM M. OSBORNE, Consul-General of the United States of America at London, England, do hereby make known and certify to all whom it may concern that John William Peter Jauralde who hath signed the annexed Certificate, is a Notary Public duly admitted and sworn and practising in the City of London aforesaid, and that to all acts by him so done full faith and credit are and ought to be given in Judicature and thereout.

In Testimony whereof, I have hereunto set my hand and affixed my Seal of Office at London aforesaid, this 4th day of May in the year of our Lord One Thousand nine hundred.

[Seal.]

(Signed)

(B.)

WM. M. OSBORNE,

Consul-General.

TO ALL TO WHOM these Presents shall come THE NATIONAL SAFE DEPOSIT COMPANY LIMITED of No 1, Queen Victoria Street in the City of London