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The Guardian du lieu suivant : London, Greater London, England • 4

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The Guardiani
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London, Greater London, England
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I HE GUARDIAN Thursday March 4 1965 HOME NEWS wtft'stov sty LAW REPORT Adopted children's Test your own I.Q. appeal fails COURT OF APPEAL RE VALENTINE'S Beore the Waster ot the Rolls (Lord Denning). Lord Justice Dancktcerts, Inquiry into law on prison for debt Recovery by other methods? BY OUR OWN REPORTER The Lord Chancellor has appointed a committee under Mr Justice Payne to make a full inquiry into the law relating to the recovery of debts. Announcing this in the Commons yesterday, Sir Eric Fletcher, Minister without Portfolio, said that the commit domiciled in South Africa. There-fare, on the first point, Carol and Timothy failed.

Lord Denning recognised the force of the opinion of Lord JusUco Salmon, so he would consider the second question. In his opinion, when English law recognised a foreign adoption order as conferring the status of a child, it did not give the child all the self-same right and benefit of succession as a natural-born child, hut nnlv Brsve the child the self and utra juiiice saimon An English court will not 8 recognise a foreign adoption order if the adoptive parents are not domiciled in the same rights and benefits as a child foreign country at the time of the order. 6 adopted in England by an English adoption order. By the Adoption of Children Act (1928), the effect The Court (Lord Justice of an adootion order was to Salmon dissenting) dismissed this 'of we cnua rnio ute poaraon tee would review the whole appeal by the third defendant. SSM 5S8B3 $ft2yAA Justice Pennycutck.

on July 7, provided that the adoption order ic adorned did not confer on last year, in favour of the plaintiffs (the trustees) on the con interest in. child any right to, or property as a child of the adopter. struction of a settlement dated February 7. 1946. made by a Mrs Dorothy Valentine.

She was a British subject domi ciled in Southern Rhodesia, who The expression "child, children, and issue" in any disposition did not Include an adopted child, no matter whether disposition was made before or after the adopUon order, unless the contrary intention appeared. By the AdopUon Act (1950). adopted children did become had wished to make provision for question of imprisonment for debt and the substitution of other methods of recovery. There were 7,000 people in prison at any one time for nonpayment of debts, he added. The committee's terms of reference are To consider whether any changes are desirable in the law and practice in the High Court and the county courts relating to the recovery of debts and enforcing of orders for the payment of money or the delivery of goods Whether Courts should have power to postpone operation of an order for possession of mortgaged property And to make recommendations.

Two MPs. Mr Leslie Hale' Oldham West) and Mr Geraint Morgan (C, will serve on the committee with Judge Baxter, Mr Registrar Bryson, Mr Robert Egerton, Master Jacob, Professor O. R. McGregor, Professor G. S.

A. Wheatcroft, and Mr J. Shufflc-bbtham. Replying to questions yesterday, Sir Eric said that before anyone could be sent to prison for nonpayment of a Judgment debt, the Judge had to be satisfied that the debtor had had the means to pay since the date of judgment and had refused or her son, Alastair Valentine, and This diagram represents a road map. There are four different ways it can be folded along- the lines to form a rectangular packet like that on the right.

The problem la to find one that arranges the sections In aerial order with 1 at the top. (Note the number refers to the section of sheet not to the face of the paper on which it li written; you can, if yon like. Imagine the time numbers on the backs of each section as well.) Some topologists may be able to do this in their heads bat for ordinary mortals we suggest numbering and folding a sheet of writing papen.Even doing it that way It may take yon some time to find the solution-pozzies tend to be engrossing, but don't let this one distract you from yourwork. If, on the other hand, your work happens to be connected with insulation yon can make the necessary time by taking a tip from the many insulation engineers who have simply passed the problem on to as. It is the intelligent thing to do.

Our experience Is vast, varied and bang up-to-date. his issue. The trusts of the settlement were a life interest for Alastair and, subject thereto, "upon trust for all or any of the children or child of Alastair Valentine." It was further expressly entitled to succeed in properly natural legitimate children. was on the intestacy ot enacted that htiv tvnnn flvinsr after Januarv 1. Still at large in Regent's Park yesterday provided that the setuement should be construed and the rights of all persons claiming under it should be determined and regu neglected to pay.

Mr William Shepherd (C, Cheadle) said: "It would be undesirable if the law were Witness says beret hit CSM on back of neck 1850, and after the date of the adoption order, his property devolved as If the adopted person was the leglUmate child of the adopter. And in any will settlement made after January 1, 1950, and after the adopUon order. any reference to the child or children of the adopter should, unless the contrary intention appears, be construed as, or ai Including a reference to the adopted person." In the present case, the Settlement was made in 1948. According to our law in that Settlement, the word "children" did not Include adopted children. Thus, on this point too, Carol and Timothy falL In his (Lord Denning') Judg changed so that people are further encouraged to incur debts which they are not able to pay or have no intention of paying.

In lated according to the law of England in the same manner as if the settlor and Alastair Valentine and the settlement trustees were all domiciled in England. Valued at 28,000 Alastair Valentine and his wife had a son of their marriage called Simon, born in 1936. They alio brought up as members of the family Carol and Timothy, born in 1939 and In 1944 respectively in South Africa they were adopted i vj Zetland Road, Barnard Castle, and whose parents live hi Wlllaston many respects the law is too lax. Serious problem Crescent, Douglas, Isle of Man. A sergeant told the resumed court-martial of 12 soldiers at Catterick Camp yesterday that when he helped to try to get the men to line up they of Patrick Joseph Redgrift, Gardens.

Sydenham, Inverwood syce Belfast; William Nigel Evans, of Belfast this appeal snouia do au- Torrice HMiu Lancaster FTJlttUSS IU0TED ST. HELENS UHCS TEL: ST. HELENS 24022 under en Order of tne UHirt in mem, i Johannesburg, Carol at the age of missed. ment jioaa. Road.

KeHh Leslie Klrton, whose wife Jews should end squabbles, says MP Mr Maurice Edelman. president of the Anglo-Jewish Association, called yesterday for the end to the disheartening parochial and political strife in Israel. He said that Nasser and his allies had been greatly encouraged by signs of division and dissension In Israel and now was the time for Jews throughout the world to recognise the need for unity in face of "the dangerous pressures from Hitler's heirs, associates, and 4 alter and to desist from the petty squabbling which tarnishes the Jewish image and gives heart to the enemies of Israel." Lard Justice Danckwerts agreed three months and Timothy at six months. At the time the domicile lives in Capern Grove, Qutoton, Hlrrransaiam. Lawrence Blrtwhlstle.

of Brandt rnrth street. Bamber Brldae, the answer is on page 20 Preston; Raymond Phillips, whose wif lives in Stain ton Grove. Barnard Castle, and whose mother livm in Granv Avenue. Wavertree. Welcoming the inquiry.

Dame Joan Vickers (C, Devonport), said that 1.5 million cases came before the Courts, 7,000 people went to prison, and a great number were on National Assistance. She asked whether the question of dependants was being investigated. Sir Eric said that every relevant aspect of the situation would be looked at "This 4s a serious problem," he added. When the question was raised In the Commons in November, Miss Alice Bacon, Minister of State, Home Office, said that 928 people were imprisoned for debt in 1953 compared with 7,047 in 1963. She estimated that the cost of keeping this number In prison amounted to 100,000 a year.

broke away "muttering and mumbling and generally nattering." He noticed they were under the influence of drink. The accused men, ail private soldiers of the Loyal Regiment (North Lancashire), are charged with taking part in a mutiny by combining among themselves to resist lawful authority. They are Albert Edward Sykes, Henry Street, South Shore, Blackpool: Frank Wsittaker. of HnUiwell Lane, Cheetham Hill, Manchester: Brian John HorsfaU, whose wife lives In Stainton Grove, Barnard Castle, and whose parents Uve In Tunnel Road, Edgehill, Liverpool Roy forFAaORY-SUPEmARKET-SHgP-WMSmUSB'OmCEttc 4 WW IIIHln illllllllll 11 Liverpool; John McGuIn Garrick, of Bctgray Crescent, Barrhead, near Glasgow Peter Spruce, of Horace Black Gardens, Ellesmere Port, Wicral and Calvin John Heapsof Nares Street, Ashton, near Preston. 'Very unpopular Sergeant J.

F. Briers said that the accused men were sent out on November 27 on a map-reading exercise and did not return to IlOTQODi! Mr Edelman, Labour MP for with Lord Denning. Changing needs Lord Justice Salmon dissenting, said our taw developed in accordance with the changing needs of man. These had always been ascertained by experience rather than by logic and still less by the rigid application of abstract theory. Experience, had shown that there were sound sociological reasons for recognising an adoption in circumstances such as these.

Adoptionprovided there were proper safeguards was greatly for the benefit of the adopted, child, the adoptive parents, and civilised society, since this was founded on the family relationship. The Court should be slow to refuse recognition to an adoption order made by a foreign court which applied the same, safeguards as our courts and Which undoubtedly hid Jurisdiction over the adopted child and Its natural parents. The laws of. adoption In South Africa were very, nearly Bie same a our own and the principles underlying them were the same. ntu vlmv that wn should not rtcoK- DaaitEILC Vr buildings SKSSJ Coventry North, was addressing the council meeting of the Anglo-Jewish Association, which he said was meeting at a dangerous moment in world history." of the adopters was in Southern Rhodesia.

On July 5, 1952, Alastair Valentine died in Southern Rhodesia. His wife Is also dead. The estate was valued at 28,000. Simon claims that he is the only child of Alastair Valentine and is entitled to the whole 28,000. Timothy contested this and says that the estate should be equally divided among all three.

Lord Denning, giving a reserved judgment, said the Court had to answer two questions. The first was whether the English courts would recognise the adoption orders as giving the adopted children the status of children. If the answer was no." the case would end there. If the answer was "yes," the second question was whether the English courts would confer on the adopted children the rights and benefits given to "children" by the Settlement For, while recognising their status, English law might not give them all the self-same rights and benefits as the natural-born child. In his (Lord Denning1) opinion, the English courts would only recognise an adoption of another country if the adopting parents, were domiciled there ana the child was ordinarily resident there.

tor full euuts writ or "prion camp. He later saw ia men, including the 12 accused, marching back to camp. Outside the company office Staff Sergeant Marshall told them to march down the road towards the guardroom. "They started off, but then the whole souad lust broke off and 1 1 1 nil Ik, TllaM 11 Marsha1)! said Sergeant Briers. tried to get them to fall In and I mm.

They were tried to helj pin Just muttering and mumbling and and I noticed generally nauenn nise an order of the South African court in respect of a South African influence of under they were iey were isu- Child a. oesre. ui IsrlW. in (Lord Jusuce nriiuc. Sergeant-MaJor D.

L. Cattanach also tried to get the men to march Salmon's) mind wholly unaccept able in 'IMS. He would auow tne to uie guardroom, sergeant criers anneal. Cat- aoreed mat aergeanwuajor In the present case, the English courts would not recognise the adoption orders as conferring a status of children on Carol and Timothy for the simple reason that their adopting parents were not at the Where can you find the challerige of responsibility? NO CAREER OFFERS GREATER OPPORTUNITY THAN TODAY'S POLICE SERVICE sometimes tanach The appeal was dismissed. Leave to appeal, to the House of Lords was given.

men. Sometimes It was pretty bad, He many different agreed that neonlf were Eivim oraers ana mat it would be runt to say that Sergeant-MaJor Cattanach was very unpopular. 'Mill around' Staff Sergeant Richard Marshall said: "Nothing happened when I told them to fall in, except that they started to mill around. They were told to fall in four tunes but no one obeyed the order." Company Sergeant-MaJor Cattanach arrived and tried to make them fall in, but they did LCC suspends Mildenhall plan The unnamed London firm, spurned by Mildenhall Rural Council because it employs 25 coloured people, Is now seeking alternative accommodation In East Anglia. This was announced yesterday by London County Council, which, In view of Mildenhall's attitude, has decided to suspend its development scheme for the town.

The firm is being assisted by the LCC in its search for another site. Parking policy 'vital for town survival A comprehensive parking policy Is not just desirable in a town's interests: It can have a direct effect on that town's commercial survival This it one of- the main points in a planning bulletin, "Parking in Town Centres," published today by the Stationery Office' One thing is clear," it says, if a town does not. have a comprehensive and positive policy for parking, or tries to tackle the problem in a halfhearted piecemeal way, the results are likely to be Increasing traffic congestion, increasing frustration with streets cluttered with standing cart, and increasing violation of traffic laws. The town centre will lose its attraction property values may not obey his orders. "Private HorsfaU took off his beret and threw it at the CSM and it struck him on the back of the neck." He also saw a webbing belt strike the sergeant-major on Ms arm.

The hearing continues today. today's problems -and tomorrow's. Unlike the Armed Forces, there is no direct officer' entry in the Police Service. All ranks must completo four years in 'the rank of Constable. This period provides a practical foundation for all their servic Every Police officer has the guarantee that promotion is by merit alone.

BRAMSHIIX POLICE COLLEGE. Every year, promotion examinations offer to those who have completed three years basic training the opportunity to be considered for selection to the national Police College at Bramshill. The course lasts a year and covers all aspects of police work and a good deal of law as well as general studies, and brings promotion to Sergeant. This and criminals, and immense traffic problems. Above all the role of the Police In a democracy is a vital one: to maintain the balance between two sometimes conflicting traditions -the freedom of the individual and the maintenance of law and order.

There will be comparatively few men who can successfully meet the challenge of this type of job. Yet there can be few careers more rewarding to the man who can do it. Is it job that you could do? THE MEN AT THE TOP. More than 1,000 officers hold rankB of Superintendent and above. It Is they who must take the Important decisions on II you're at University or in the Sixth Form, or advising on careers, these are the facts you should know The Police Service offers young men of ability a care er with an Intellectual challenge equal to that faced by top ezecutiveslnlndustryandcommerce.

And everyone has a chance to reach the highest posts. These posts have a special kind of responsibility, and challenge. The type of men who fill them will, essentially, be men of integrity and judgment, with good brains and a good education. For the problems of police administration are many and Increasingly complex, including more sophisticated crimes can now be within four years of joining the Service. The rank of Inspector can be reached two years later -many Inspectors today are still in their twenties opening the way to further college training.

Senior courses are also run at Bra nshill to equip officers of the rank of Inspector and above for the highest posts as quickly as possible These urseB comprise high level professional and administrative studies. Promotion to the top Police jobs throughout the country is open to all. SALARY. Under a recent pay award, a Constable's pay now Btarts at 700 and rises to 1 ,105 (a recruit of 22 years of age or over starts at 800). The top posts range from Superintendent (1,820 Chief Superinten Chess By LEONARD BARDEN PROBLEM NO.

822 Mach (first published t9l)l) B-N5 1 P-KB3 10 B-R4 B-N2 11 OO P-Q4 12 P-K5! with advantage. However, after (c) 7 N-K2 1 Black gains uvelul Ume because of by deteriorate and trade may be lost to other towns where more effective parking measures are in operation." The bulletin shows that parking policy must be Integrated with town centre plans. I H1 I pooooootooooo9tcoooo; ine threat oi r-va louowcu uy P-QB4-S winning the bishop, in Addlson-Fischer from the 1984 United States championship White was soon In difficulties after 8 P-B3 7 9 RP B-N2 10 B-B4 P-Q4 11 P-K5 P-QB4 1 (12 i BP? N-B4 wins the queen). Best play for both sides, according to Chess Archives, is 6 P-Q4 7 ti N-K2 8 BJ P-W3 9 P-K5 P-UB4 10 Q-Q2 (10 11 or 10.. 11 I oh) 11 RP I 12 QxQchKxQ13NxP B-K3 14 N-B6 ch K-Q2 with equal chances.

P-Q3 7 P-Q4 Currently P-KB3, over-protecting the black centre, is Favoured? 9 P-QB4 P-N5 10 N-R4 N-K2! 11 Q-B3 tQ2 12 P-KR3 P-QB4 (van den Berg-Johanncssen, Beverwijk, 1983). White should Instead aim to control the key OS square with a minor piece, e.g. 9 P-QB4 P-N5 10 B-K3 A PIANO TEACHER stayed at our beautiful Convalescent Borne free of charge. Rttnrntni Asm 14 5 nut "What a relief it is to be able to pay my bills and make a fresh start. I can renewed vigour and entbu- ij siasm thanks to the backing and help of the Musicians1 Benevolent rana, 1 White males in two moves Solution No.

821 1 R-KX4. if or if B-K7ch 2 or If B-B7 2 or if B-N8 2 or If K-N5 2 N-KS or if P-B4 2 I or if Q-B3ch 2 or If Q-N4ch 2 Q. Attractive knight-wheel problem. Chasing the Bishop Recently Guardian." November 19) I analysed (he immediate chase of the white bishop In the ituy Lopei an Idea for Black which the American champion Bobby Kischer says Is an "absolutely equalising" defence against the chess opening generally recognised as strongest for White. The variation has received further tests since my previous article, and this week's game and notes arc an abstract of the possibilities for both sides.

Interesting idess hair appeared for White, but no clear tatlon of the defence. If yon OW9 itbt to malic plfte $nj doattion to I BARONESS -RAVEN SD ALB. Hon. Treasurer, MUSICIANS' sacrifice 11 KP BP 12 1 13 Q-R5 Ch K-Q2 14 R-Ql ch wins for white, while on other moves 11 P-B5 opens up the centre) P-Q5 P-QB4 12 e.p. 13 QN-Q2 followed by N-K1-B2 and the knight reaches QS via K3.

8NxPNxBIn Pachman-Evans, Havana, 1964. play went 8 B-N2 (threatening P-QB4-5) 9 B-Q2 10 RP P-N3 it P-QB4 P-QB4 and now Instead of 12 N-KB3. as In ihe game. White should have tried 12 N-B2 1 Intending to occupy the QS outpost as quickly as possible. This plan would be less dangerous than In the last note (where Black was committed to the passive P-KB3).

so that Ihe assessment of dent (2.185 2,325) to Chief Constable with a salary range up to 5,980 (according to size of force and the population of the police district). In London the rates are higher. In addition, in all forces, free housing or a generous allowance is paid to all ranks plus many other special allowances, depending on their duties at the time. No matter what career you decide on, even as a graduate yon must start near the ground, but in the Police Service you can be certain that if you have the ability and the enthusiasm, promotion to the top can be as fast as in any other field. It's a challenging career, a tough career, but the rewards are high and the work satisfying.

Many men Joining the Police now will be Superintendents or above in their thirties. LOOKING FOR A CAREER with real opportunities of rea.cb.inp the top? Think seriously about the Police. You should be between 19 and 30 and meet certain other physical requirements. Write today to H.M. Chief Inspector of Constabulary.

Home Office. London. S.W.I. He will be very pleased to give you any information you may need. There is also a place for women of a high standard.

All conditions of service apply equally to policewomen. Bramshill Police College is open to them and they can reach senior rank. The ago Tor entry is 20 to 35. but particularly good applicants may be appointed at 19. A woman constable's pay starts at 630 (720 for recruits aged 22 or overt and rises to 995.

BENEVOLENT runu A 7 CariM Him tf Union W.l Or H. Utirntnn (West German))- i H. Donner Holland) I I ft BcvcrvUjk international. 1S6S. 1 P-K4 P-K4 2 N-KB3 S-QK3 3 B-NS P-QR3 B-R4 P-4JN4 5 tWJJ S.R4 O-O.

One of the two worthwhile moves. My previous article analysed ch and 6 in Black's favour. After, 8 6 P-Q4 7 Week should not play ta) 7 P-QS: 8 ch 1 9 (tOt ch 6-KS 10 N-S5 ch with a winning advantage (Malanovtc-Donner. Beverwijk. 19C31 The rest of the came Is given to show that grandmasters can muddle won positions like the the position after 12 N-B2 may ptxne critical for the entire opening.

9 BP B-N2 10 R-Kt Since White can play this natural developing move with a permanent threat of P-K3. Black's choice at move 8 Is unconvincing. 10 N-KI 11 N-BS Q4H N'-QS P-QB4T A blunder which is neatly refuted but If 12 13 ch B-K2 14 B-NS with a strong attack. 13 N-Nt Q-Ql 14 N-B5 Black had overlooked this If Instead 14 RT Black wins two knights for a rook. 14 If 14 15 QP ch K-Ql 10 N-B4 ch and wins.

13 eh B-K2 If UQtP Resigns. Dtitr Sir" CPtndJ's orofcenj Das Sir" (Coffee's hen) Sir" (Telephone' ringing) Dotx Sir" (Mr. ones to see you Dear Bir" (It't ntx-thtrty) DAMN Get me a P-B3 12 Q-RS ch P-N3 13 Q-B3 Q-K2 a M.RS is OJ1 1M-B3 18 B-R8 N-K4 t7 Q-OB3 N'IB3)-N5 IS P-B4 19 20 21 Q-R2 ch White resigns (b) Also Inferior for Black is lj 8 RP N-K2 9 TOP level oonlereaoo Polio HwHuarters, where it's fresh ideas and insight that mark a man for early promotion..

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