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Home » INTERNATIONAL » Re Hastings-Bass, Hastings v Inland Revenue [1974] EWCA Civ 13 (14 March 1974)
Re Hastings-Bass, Hastings v Inland Revenue [1974] EWCA Civ 13 (14 March 1974)
Post category:INTERNATIONAL / U.K. Court of Appeal(CIVIL DIVISION)
IN THE SUPREME COURT OF JUDICATURE
COURT OF APPEAL.
(Appeal of Plaintiffs from Order of Mr. Justice Plowman, London,
dated November 2, 1972.)
Royal Courts of Justice,
B e f o r e :
LORD JUSTICE MEGAW,
LORD JUSTICE BUCKLEY
LORD JUSTICE ROSKILL.
re HASTINGS-BASS deed
HASTINGS and Ors
(Appellants –
Plaintiffs)
-v-
COMMISSIONERS OF INLAND REVENUE
(Respondents – Defendants)
(Transcript of the Shorthand Notes of the Association of Official Shorthandwriters, Ltd., Room 392 Royal Courts of Justice, and 2, New Square, Lincoln's Inn, London, W.C.2.)
____________________MR CHRISTOPHER SLADE, Q. C. and MR HECTOR HILLABY, (instructed by Messrs. Bircham & Co.) appeared on behalf of the Appellants (Plaintiffs).
MR M.C.H. BROWNE-WILKINSON, Q.C. and MR P.L. GIBSON, (instructed by The Solicitor of the Inland Revenue) appeared on behalf of the Respondents (Defendants).
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LORD JUSTICE HEGAW: The judgment which Lord Justice Buckley is about to deliver is the judgment of the court.
LORD JUSTICE BUCKLEY: This appeal raises a difficult question relating to an advancement under the Trustee Act 1925, Section 33 by way of sub-settlement, some of the beneficial trusts of which are void for perpetuity. The appeal is from a judgment of Mr. Justice Plowman delivered on 2nd November, 1972.
By a settlement dated 1st April, 1947 (which we will call "the 1947 settlement"), made on the marriage of Peter Robin Hood Hastings (who later assumed the additional surname of Bass, and whom we will call "Captain Hastings-Bass) his uncle, Sir William Bass, settled property upon trusts under which the beneficial interests were as follows: (a) a protected life interest for Captain Hastings-Bass; (b) after his death upon trust for such of his sons or remoter male issue as Captain Hastings-Bass should by deed revocable or irrevocable or by will or codicil appoint; (c) in default of and subject to any such appointment upon trust for such son of Captain Hastings-Bass as should first attain the age of 25 years before the expiration of 21 years after the death of Captain Hastings-Bass and, if there should be no such son, upon trust for such son of Captain Hastings-Bass as should first attain the age of 21 years; (d) with remainders upon similar trusts to two other nephews of the settlor and their respective male issue and an ultimate trust in favour of a named person; (e) with power for Captain Hastings-Bass by deed revocable or irrevocable executed prior to and in contemplation of any marriage or by will or codicil to appoint a life or less interest in not exceeding one half of the trust fund in favour of any wife who might survive him. Captain Hastings-Bass had four children, a son (William) born on 50th January, 1948, a son (Simon) born on 2nd May, 1950, a son (John) born on 5th June, 1954, and a daughter.
By a revocable deed of appointment dated 2nd January, 1958, Captain Hastings-Bass in exercise of his power in that behalf under the 1947 settlement appointed that the trustees should from and after his death (and subject to any interest appointed in favour of his widow) stand possessed of the trust fund in trust for his son William, if and when he should attain the age of 25 years absolutely. William was then nearly ten years old, and he was bound to attain the age of 25 years, if at all, within 21 years of his father's death. The appointment appears to have had no significant effect upon his contingent interest.
In the preceding year, on 29th October, 1957, Miss Diana Hastings, a sister of Captain Hastings-Bass, had made a settlement of a sum of £500 upon trusts under which the beneficial interests were as follows: (a) a life interest for William; (b) after his death in trust for such of his issue as he without transgressing the rule against perpetuities should by deed revocable or irrevocable or by will or codicil appoint; (c) in default of and subject to any such appointment in trust for his children who should attain the age of 21 years and if more than one in equal shares subject to hotchpot; (d) if there should be no such child of William in trust for such of the issue of Captain Hastings-Bass living at the date of the failure of the foregoing trusts as the trustees without transgressing the rule against perpetuities should by deed appoint; (e) in default of and subject to any such appointment in trust for Captain Hastings-Bass's youngest son John absolutely; (f) with power for William by deed made in contemplation of marriage or by will or codicil to appoint to any wife who might survive him a life or lesser interest in the whole or any part of the trust fund. This settlement (which we will call the 1957 settlement) contained a power for the trustees in their absolute discretion from time to time and at any time after William should have attained 21 to hand over the whole or such part of the capital of the trust fund to him free from the trusts of the settlement as they might think fit. It also contained a power for the trustees at their discretion with the consent in writing of William to revoke by deed all or any of the trusts therein contained concerning the whole of the trust fund or any part or parts thereof and to declare such new or other trusts for the benefit of William or any child or remoter issue of his as the trustees might think proper.
The rate of estate duty prospectively payable upon property passing upon the death of Captain Hastings-Bass was high, and accordingly the solicitor to the 1947 settlement trustees devised a scheme which was described by Captain Hastings-Bass in a contemporary letter as "a scheme whereby some of the enormous death duties may be reduced on the settlement". This scheme took the form of a transfer by the 1947 settlement trustees under the statutory power of advancement to the 1957 settlement trustees upon the trusts of the 1957 settlement of a fund valued at £50,000. On 21st March, 1958, the 1947 settle ment trustees with the consent of Captain Hastings-Bass and in exercise of the statutory power of advancement transferred out of the 1947 settlement to the trustees of the 1957 settlement investments to the value of £50,000 by way of advancement for the benefit of William to be held on the trusts of the latter settlement. The trusts of the 1957 settlement, as applied to the trust fund settled by that settlement, were innocent of any offence against the perpetuity rule. It is evident that the trustees' solicitor conceived that the trusts of the 1957 settlement as applicable to the funds transferred out of the 1947 settlement would also escape infringing the perpetuity rule. This view was consistent with the subsequent decision of Mr. Justice Danckwerts dated 14th May, 1959, in Re: Pilkington's Will Trusts (1959 1 Ch. p.699). But the Inland Revenue appealed from that decision and eventually in the House of Lords (1964 A.C. p.612) it was held that a power of advancement was a special power and that accordingly trusts called into existence by its exercise must be written into the instrument creating the power far the purposes of applying the perpetuity rule.
William was not a life in being at the date of the 1947 settlement, and accordingly it is now common ground that all the powers and beneficial trusts of the advanced fund declared by reference to the 1957 settlement other than the life interest of William are void for perpetuity.
It is also common ground that, if the transaction of 21st March, 1958, was effective to create a life interest in possession in William in the advanced fund, no estate duty became payable on that fund upon the death of Captain Hastings-Bass, which occurred on 4th June, 1964. The Inland Revenue, however, contend that the effect of the transaction was not to create any new beneficial interests in the £50,000 fund, but that this fund at all times remained subject to the trusts of the 1947 settlement. On this footing it is clear that estate duty would have become payable on the fund upon Captain Hastings-Bass's death.
In these circumstances, the plaintiffs, who are the present trustees of the 1947 settlement, applied by originating summons in the Chancery Division for the determination of the question whether estate duty did or did not become payable on the death of Captain Hastings-Bass in respect of the advanced fund. The only defendants to these proceedings are the Commissioners of Inland Revenue. William attained the age of 25 years on 50th January, 1975, and accordingly no-one but he has any interest in the capital of the 1947 settlement fund, and the only persons interested in the income of that fund are himself and his mother, who is at present entitled under a testamentary appointment made by Captain Hastings-Bass to half the income of the fund. She does not, however, seek to assert that the 1958 advancement was not effective to create a life interest in possession in William in the advanced fund.
The case came in due course before Mr. Justice Plowman for decision, and, following an earlier decision of Mr. Justice Cross (as he then was) in Re: Abrahams' Will Trust (1969 1 Ch. p.463), the learned judge held that the result actually produced by the 1958 advance was substantially or essentially different from the intentions of the 1947 settlement trustees when they made it. Following Mr. Justice Cross, Mr. Justice Plowman took the view that the 1947 settlement trustees never effectively exercised the power of advancement, and that accordingly the £50,000 fund at all times remained subject to the trusts of the 1947 settlement. He therefore decided that estate duty did become payable on that fund upon the death of Captain Hastings-Bass. From that decision the plaintiffs appeal.
We have had the advantage of excellently clear arguments on both sides in the appeal. The contentions can be shortly stated in this way. The appellant plaintiffs contend, first, that, notwithstanding that the 1958 advancement did no more than create a valid life interest for William, it was neverthe less for his benefit and fell within the terms of the trustees' statutory power of advancement; secondly, that in these circum stances, the advancement having been made in good faith, it was valid and was not invalidated by reason of the fact that the beneficial interests intended to take effect after William's death were, contrary to the trustees' understanding, void for perpetuity; thirdly, that Re: Abrahams was wrongly decided; and fourthly, that if this was not the case, Re: Abrahams is distinguishable on its facts from the present case. We add parenthetically that Mr. Slade reserved the right to argue in the House of Lords that Re: Pilkington's Will Trusts had been wrongly decided in their Lordships' House. The respondent Commissioners contend, first, that Re: Abrahams was rightly decided and cannot be distinguished from the present case; secondly, that the statutory power of advancement confers a fiduciary discretion which can only be properly exercised after giving due consideration to all relevant factors and, in particular, the benefit proposed to be conferred upon the person advanced; thirdly, that the essential features of a power of advancement are (a) that it is a power to pay or apply capital, and (b) that it is exerciseable for the benefit of one person only, namely, the person advanced, and that beneficial interests for other persons can only be conferred as incidental to and part and parcel of the benefit to him; fourthly, that consequently trustees making an advancement by way of a sub-settlement must have a proper understanding of the effect of that sub-settlement, for, if they do not, they have not exercised it validly; fifthly, that in the present case the trustees never directed their minds to an advancement which merely gave William a life interest in income; sixthly, that the court cannot retrospectively substitute its own discretion for that of the trustees by determining that the advancement in its attenuated form of a mere life interest for William was for his benefit, since the discretion was conferred upon the trustees; finally, that Section 52 does not authorise either (a) an advancement by way of sub-settlement under which all capital interests are void for perpetuity or (b) a sub-settlement creating no interest at all in capital.
The facts in Re: Abrahams were in many respects similar to those in the present case. By the combined effect of the Will of a testator and of a settlement made upon the occasion of the marriage of his son, Gerald, under a power in that behalf contained in the Will the residuary estate of the testator was at the relevant time held upon trust for Gerald for life (in part protected) and thereafter upon trust for Gerald's children or remoter issue as he should appoint and in default of and subject to such appointment in trust for any or all of his children who should attain the age of 21 years or, being female, marry under that age, and if more than one in equal shares absolutely, with remainder upon trust for the children and remoter issue of another son of the testator and an ultimate remainder in favour of nephews and nieces of the testator living at his death. Gerald had two children only, daughters born after the death of the testator. In 1957, when these two children were aged respectively & and 6 years, the trustees with Gerald's consent purported to made an advancement of £25,000 for the benefit of each of them by way of sub-settlement under the trusts of which in each case the daughter took a protected life interest with trusts in remainder for the benefit of her children and remoter issue and otherwise which were all void for perpetuity. If the advancements were effective, they operated to create valid defeasible interests in favour of the daughters respectively but created no other valid powers of beneficial interests. Counsel for the Inland Revenue there contended that the trustees had exercised the newer of advancement on the footing that they were producing a certain result and that in fact they produced a totally different result and so could not be rightly sail to have exercised the power at all. Mr. Justice Cross dealt with this argument (at p.484E) as follows:
"The power which the trustees purported to exercise by setting up Carole's fund (to take her as an example} and declaring the trusts of it which are contained in the 1957 settlement was a power exercisable for the benefit of Carole, and for nobody else. The various other persons to whom the settlement purported to give benefits were not objects of that power of advancement. The position was that the trustees had a discretion as to the manner in which they would benefit Carole, and they considered that an appropriate way to benefit her would be to create this settlement under which beneficial interests were given to other members of her family besides herself. IT one looks at the matter in that way, it seems to me reasonable to hold that the effect of the invalidity of some of the limitations in the settlement by reason of the rule against perpetuities may not be the same as it would have been had the settlement been created by the exercise of a special power of appointment under which all the supposed beneficiaries were objects. It is one thing to say that if a trustee has power to appoint a fund to all or any of a class of objects and he appoints a life interest to one object which is not void for perpetuity and remainders to other objects which are void, then the life interest survives the invalidity of the remainders; but it is another thing to say that if a trustee has power to benefit A. in a number of different ways and he chooses to benefit him by making a settlement on him for life with remainders to his issue, which remainders are void for perpetuity, then A. can claim to obtain that part of the benefit intended for him which is represented by the life interest. The interests given to separate objects of an ordinary special power are separate interests, but all the interests created in Carole's fund were intended as part and parcel of a single benefit to her."
The learned Judge went on to say that, if the invalidity caused by the operation of the rule against perpetuities were quite small as compared with the parts of the sub-settlement which were unaffected by the rule, the court might be prepared to say that the valid parts of the sub-settlement would survive intact; but he went on to say that on the facts of the case before him there was no doubt that the effect of the operation of the rule was wholly to alter the character of the sub-settlement, and accordingly he held that the trustees had never validly exercised the power of advancement. As we understand him, Mr. Justice Cross decided this question upon the basis of what we have called the fourth submission of the Commissioners in the present case. We must therefore consider whether that submission is sound in principle.
Mr. Browne-Wilkinson for the Commissioners supports the submission upon the following grounds. The power of advancement is, he says, a fiduciary power, and as to this we think there is really no dispute. He says that the trustees can only properly exercise such a power after giving due consideration and weight to all relevant circumstances. As they must weigh the benefit which the advancement will confer upon the person advanced against those interests under the settlement which will be adversely affected by the advancement, they cannot give due consideration and weight to the benefit to be conferred on the person advanced unless they appreciate the true nature of that benefit. Mr. Browne-Wilkinson contends that, if in the present case when the trustees made the advancement they believed that all the trusts of the sub-settlement would take effect, they cannot have applied their minds to the right question.
In support of these contentions he relies upon what was said in this court in Re: Pauling's Settlement Trusts (1964 1 Ch. p.303 at p.333):
"Being a fiduciary power, it seems to us quite clear that the power can be exercised only if it is for the benefit of the child or remoter issue to be advanced or, as was said during argument, it is thought to be 'a good thing' for the advanced person to have a share of capital before his or her due time. That this must be so, we think, follows from a consideration of the fact that the parties to a settlement intend the normal trusts to take effect, and that a power of advancement be exercised only if there is some good reason for it. That good reason must be beneficial to the person to be advanced; it cannot be exercised capriciously or with some other benefit in view. The trustees, before exercising the power, have to weigh on the one side the benefit to the proposed advancee, and on the other hand the rights of those who are or may hereafter become interested under the trusts of the settlement."
He also relied upon observations made by Lord Justice Upjohn and Lord Radcliffe in Re: Ellington's Will Trusts (1961 1 Ch. p.466 and 1964 A.C. p.612). That case related to a testamentary settlement to which the statutory power of advancement was applicable. The trustees, being minded to make an advancement under the statutory power on the terms of a sub-settlement, applied to the court for directions whether they could lawfully so exercise the power. The trusts of the proposed sub-settlement were such that, as in the present case, they would have been to a considerable extent void for perpetuity, although this fact was not realised by the trustees. In the Court of Appeal the case was decided upon the basis that the statutory power did not enable the trustees to make a sub-settlement. Of the judges who constituted the court, only Lord Justice Upjohn dealt with the perpetuity point, on which he disagreed with the view which had been expressed by Mr. Justice Danckwerts, referred to earlier. Having held that all the trusts proposed to be declared in respect of the period after the date when the child advanced should have attained the age of 50 were void for perpetuity, he said this:
"The effect therefore of the rule against perpetuities on the proposed settlement is basic: It entirely alters the settlement, and that seems to me to be fatal to this case, for the trustees have never been asked to express an opinion as to whether they would think the proposed settlement, modified by reason of the rule against perpetuities in the manner I have mentioned, is for the benefit of Penelope. That is a matter to which they have never addressed their minds, and, therefore, it cannot possibly be justified under Section 52, for it has not been shown that the trustees think that the settlement, as so modified, is for the advancement or benefit of Penelope".
The House of Lords differed from the Court of Appeal on the main ground of decision, holding that it is within the powers of trustees to make an advancement under the statutory power by way of sub-settlement, but they agreed with Lord Justice Upjohn's view upon the perpetuity point. They accordingly reached the conclusion that there were legal objections to the proposed sub-settlement which the trustees had placed before the court, which, as Lord Radcliffe said at page 642, went to the root of what was proposed.
It is, in our opinion, important to bear in mind that in Re: Pilkington's Will Trusts the trustees were seeking the directions of the court before taking action. The court would of course not authorise trustees to set up a sub-settlement many of the trusts of which would be void. The trustees were not asking the court to consider any other form of sub-settlement, nor had they presumably applied their own minds to that question at all.
It is at this point relevant, we think, to state that at the death of Captain Hastings-Bass the value of the advanced fund was £57,318 and that there were investments representing accumulations of income of that fund which were then of the value of £8,573. If Captain Hastings-Bass were liable for surtax in respect of the income of the advanced fund this liability amounted at the time of his death to £7,500. Accordingly, at his death the estimated net value of the fund and accumulations (if surtax was payable) was £58,191. If duty became payable upon his death in respect of that fund, it would have amounted to £42,318, and the total additional liability in the event of the funds becoming aggregable for estate duty purposes, including the surtax liability, would have been £59,588. The rate of duty payable on Captain Hastings-Bass's death in respect of the aggregable assets which were liable to duty at the full rate was 75 per cent, with the benefit of marginal relief. Accordingly, the duty on the advanced fund would have been at the rate of, say, 73 per cent.
If the advancement was effective, William thereupon became entitled to an indefeasible life interest in possession in a fund of £50,000. If the advancement was ineffective his interest in that £50,000 remained a contingent interest dependent upon his attaining 25 in a net sum of 27 per cent, of £50,000 or £13,500. There can be no doubt that the capitalised value of an indefeasible life interest in possession in £50, 000 for a boy of 10 would greatly exceed the value of a right for the same boy to receive a capital sum of £13,500 in the event of his attaining the age of 25. In this respect, apart from other considerations, the advancement was calculated to benefit William very greatly.
We can feel no doubt that in such circumstances the duty-saving aspect of the scheme was a primary consideration in the minds of the trustees. The trusts of the sub-settlement which were intended to take effect after William's death in favour of his issue could also (had they been capable of taking effect) legitimately be regarded as beneficial to him as making some provision for any issue he might have for whom he would otherwise be expected to wish to make provision out of his free estate, and as securing the fund for that end. The intended power for William to make provision for a widow under the sub-settlement could also legitimately be regarded as benefiting William indirectly in a similar manner, and the power for the trustees to pay capital to him for his own use could also clearly be regarded as conferring a contingent benefit on him. But, in our opinion, these indirect or contingent benefits (had they been capable of taking effect) should be regarded as mere make-weights which might be treated as enhancing the benefit to William of the scheme as a whole, but which were of far less significance than the major benefit of the saving of death duties coupled with an acceleration of William's interest.
In these circumstances, to what considerations is it reasonable to suppose that the trustees addressed their minds before making the advancement? No doubt it is right to say that they should and would have considered whether the aggregate of all the provisions of the sub-settlement (if fully effective) would be for William's benefit, but in doing so they could not, we think, have failed to consider to what extent each of those provisions could properly be regarded as contributing to the aggregate benefit, and in particular they could not have failed to consider to what extent the conferring upon William of an immediate and indefeasible life interest in possession would benefit him. The circumstances of the case, in our view, make it clear that this aspect of the arrangement must have been the prime consideration in the minds of the trustees, and this is, we think, borne out by the terms of Captain Hastings-Basses contemporary letter to which we have already referred.
The fact that the ulterior trusts of the sub-settlement failed for perpetuity cannot decrease the element of direct benefit to William in the scheme. Moreover, the effect of the failure of those trusts was to leave William's contingent interest in capital under the 1947 settlement intact. He was consequently left with a greater prospect of securing the ownership of the capital of the fund than would have been the case had the trusts of the sub-settlement taken effect in full.
As regards weighing the benefits to William of the intended sub-settlement against the expectant interests of others under the 1947 settlement, the true effect of the sub-settlement necessarily affected those expectant interests less adversely than the sub-settlement would have done, had it taken effect as intended. Instead of those expectant interests being entirely displaced, so that, for instance, Simon would have been cut out entirely, they were left intact with the benefit of the saving of estate duty at a high rate on the death of Captain Hastings-Bass. Had it occurred to the trustees that the ulterior trusts might all fail for perpetuity, they could not reasonably have thought that this could tip the scales in the weighing operation against the scheme. The law cannot, in our judgment, require the trustees' exercise of their discretion to be treated as a nullity on the basis of an absurd assumption that, had they realised its true legal effect, they would have reached an unreasonable conclusion as the result of the weighing operation.
In these circumstances, can it be said that the trustees have never exercised their discretion under Section 32. There can be no doubt that the transfer of investments to the 1957 settlement trustees was an exercise of some kind of discretion. What the 1947 settlement trustees did was not obligatory: they chose to do it. If one asks what discretion they exercised, there can be no doubt that they believed themselves to be acting under Section 32. They made the transfer to the 1957 settlement trustees because they considered that it would benefit William. Can the fact that they believed their action would have a different legal effect from the limited effect which alone it could have result in the transfer not having been an exercise of their discretion under that subsection? There is no reason to suppose that, in the light of their own understanding or advice as to the law, they failed to ask themselves the right questions or to arrive in good faith at a reasonable conclusion. Amongst the questions they must have asked them selves was the question whether a sub-settlement limiting William's interest in the advanced fund to a life interest would be for his benefit. For reasons which we have already indicated, the only answer which they could reasonably have given themselves to that question would have been affirmative, even without regard to any indirect or contingent benefits intended to be conferred on William by the other provisions of the sub-settlement. They may not have asked themselves whether to give William an immediate life interest without any further variation of the trusts of the 1947 settlement would benefit William, but the consequence would not, in our opinion, be that their action should be regarded as something other than an exercise of their discretion under Section 52.
Where trustees intend to make an advancement by way of sub-settlement, they must no doubt genuinely apply their minds to the question whether the sub-settlement as a whole will operate for the benefit of the person advanced; but this does not, we think, involve regarding this benefit as a benefit of a monolithic character. It is, in our opinion, more naturally and logically to be regarded as a bundle of benefits of distinct characters. Each and all of those benefits is conferred, or is intended to be conferred, by a single exercise of the discretion under Section 32. If by operation of law one or more of those benefits cannot take effect, it does not seem to us to follow that those which survive should not be regarded as having been brought into being by an exercise of the discretion. If the resultant effect of the intended advancement were such that it could not reasonably be regarded as being beneficial to the person intended to be advanced, the advancement could not stand, for it would not be within the powers of the trustees under Section 32. In any other case, however, the advancement should in our judgment, be permitted to take effect in the manner and to the extent that it is capable of doing so.
In Re: Abrahams the beneficial interest of such daughter in her advanced fund was a protected life interest only, not, as in the present case, an indefeasible one. This was the only beneficial interest under the sub-settlement in that case which was capable of taking effect; and the interest of each daughter under the head settlement – that is, the combined effect of the will and marriage settlement – in the capital of her advanced fund was a right to one half only of the capital contingently upon her attaining the age of 21 or marrying. Mr. Justice Cross might well have been justified in that case in considering that the intended sub-settlement in its attenuated form could not reasonably be regarded as beneficial to he daughter intended to be advanced and so could not be treated as an exercise of discretion falling within the terms of Section 32. If so, we think he reached the right conclusion. His decision should not, in our judgment, be regarded as authority for the fourth contention of the Commissioners in the present case. It should not, we think, be treated as laying down any principle applicable in any case other than one in which the effect of the perpetuity rule has been to alter the intended consequences of an advancement so drastically that the trustees cannot reasonably be supposed to have addressed their minds to the questions relevant to the true effect of the transaction. We do not consider that the operation of the rule has produced such a drastic effect in the present case.
To sum up the preceding observations, in our judgment, where by the terms of a trust (as under Section 52) a trustee is given a discretion as to some matter under which he acts in good faith, the court should not interfere with his action notwithstanding that it does not have the full effect which he intended, unless (1) what he has achieved is unauthorised by the power conferred upon him, or (2) it is clear that he would not have acted as he did (a} had he not taken into account considerations which he should not have taken into account, or (b) had he not failed to take into account considerations which he ought to have taken into account. In the present case (2) above has not, in our judgment, been established; but the Commissioners contend that for reasons stated in their third submission, sub-head (a), and their final submission what the trustees achieved in the present case was in excess of their power.
Before dealing with that point we should say one word about the Commissioners' sixth contention. In our judgment, the court is not being asked to exercise any discretion, but only to determine whether the trustees have validly exercised their discretion. Accordingly, we think that there is nothing in this submission.
The Commissioners' third submission, sub-head (a), and their last submission can be conveniently considered together and amount in the present case to this: that since the sub-settlement was ineffective to create any beneficial interest in the capital of the advanced fund, there was no payment or application of capital within the contemplation of Section 52. In our judgment, the 1947 settlement trustees did "apply" part of the capital of the trust fund within the meaning of the section when they transferred the investments to the 1957 settlement trustees. This was manifestly a disposition of a part of the capital assets of their trust. The fact that the sub-settlement declared no effective beneficial trusts of capital but created only a limited beneficial interest in income does not, in our judgment, deprive the transaction of that character. Its effect was that the 1957 settlement trustees held the transferred assets on an express trust for the persons beneficially interested therein under the 1947 settlement with the powers and subject to the provisions conferred by and contained in the latter settlement. The position is, we think, no different from what it would have been had the sub-settlement expressly declared such constructive trusts. The 1947 settlement trustees parted with the transferred assets and could not, we think, have recovered them even after William's death. They parted with the legal ownership and had no equitable interest in the transferred assets which would have enabled them to assert any claim to them at any time thereafter. We consequently feel unable to accept these submissions of the Commissioners. In Re: Pilkington's Will Trusts Lord Radcliffe (at page 636) said that he had been unable to find in the words of Section 32 anything which in terms or by implication restricted the width of the manner or purpose of advancement. We also can find nothing in the language of the section to limit the power of trustees thereunder to making an advancement in a manner which creates new beneficial interests in capital.
For these reasons, we allow this appeal and substitute for the order of the learned Judge a declaration that estate duty did not become payable on the death of Captain Hastings-Bass.
(Appeal allowed, with costs in Court of Appeal and below. Leave to appeal to the House of Lords, conditional upon the Crown not seeking in the House of Lords to disturb order for costs made as to costs in Court of Appeal and below.)
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The rear of the car is not as outstanding as the front though. Here the only genuine changes are the tail lights and the fog-lamps which are now bigger and not integrated into air slots.
The environment control, on the other hand, is an enhancement. It got a brand-new control stack with an LCD screen to display all the info without having to rely on the infotainment.
While so far Kia hasn't announced anything new for the United States market, they did release a new version in Europe. While so far Kia hasn't revealed anything new for the United States market, they did release a brand-new variation in Europe. In spite of what the early reports recommended, the 2019 kia telluride is not going to use a new platform. The 2019 kia telluride will include a brand-new look but it will not be as striking as some anticipated. Rather, the brand-new design gets an entirely brand-new front end and a revised rear section.


I feel like I'm cutting out fabric squares for a quilt but I'm not quite sure how they're all going to fit together yet. But I know that once I have it all done, I'll be able to stitch it all together to make a cohesive rough draft. I'm really hoping this makes it easier to write the other chapters. Actually I know it is making it easier because I'm already getting a better idea of how to approach writing those chapters as I work on this first one. That's why you start with the first chapter and go from there. You need to lay a good foundation before building off of it. The introduction is like the conclusion, it's the finishings on the finished house. They're the paint and the decor and the furniture that tell you what things are. That's why you need to write them last. I think I'm finally getting the hang of academic writing. Now watch, I'll have a massive block and get nothing done.
As you all know by now, I am trying to get my thesis off to a good start. It has been an exercise in trying to figure out how to write it. I have been reading books and graphic novels and taking notes and figuring out exactly what I'm looking at.
And I was making no on the page progress.
I wanted to have a rough draft of my first chapter done before Monday. Until today I didn't think that would be possible. I felt like my break was wasted in that sense. But it really wasn't. I needed to take a break from it and let my brain relax. I needed to remember that I am trying to get a rough draft done, not the final draft. Giving myself the permission to simply sit down and include everything I can think of has opened the floodgates.
Both yesterday and today I spent about 2 hours at Starbucks with coffee and Hamilton to add to the lack of distractions and help me focus. I have finally laid a solid foundation for me to build the rest of the draft off of. I think if I take the time to work on it tomorrow, and hopefully on Sunday, I will get close to if not have a flat out done draft by Monday. That is going to be a great way to start off the semester!
I have a brain again!
This past week has been a checklist that is slowly being checked off. Paper for class. Done. Presenting in class. Done. Other presentation. Done. Last day of teaching for the semester. Done. Last day of attending class. Done. All I have left to do is give my students their final exam.
That's part of why I've been posting so much lately. I've had more time to allow my thoughts to be about something other than school. But there's another reason for that.
I should also be working on my thesis. Which I have been doing. But I've also been posting here, getting materials ready to teach next semester, getting caught up on the dishes, getting prepared to do the laundry, generally tidying up, watching TV and movies, and avoiding working on my thesis. But strangely, saying that makes me want to get working on it! After I go get my laundry started. Seriously, I'm running out of clothing.
Ahh, the life of a grad student.
Lately I've been listening to a lot of Hamilton music. Like many others, I have The Hamilton Mixtape pre-ordered. It comes out on Friday, but Lin-Manuel Miranda has been releasing a track or two here and there over the past couple of weeks. We're currently at 6 tracks released. And if you pre-ordered it, you get those tracks and pay that much less when the rest comes out.
It is amazing. Some of my favorite tracks are some of the more recently released ones. "Wrote My Way Out" is amazing. It's got four different artists talking about their own experience and how they "wrote [their] way out" of their circumstances. It's inspiring to listen to. Usher's "Wait For It" is my other favorite, right now. I love the song to begin with, and his take is just beautiful. Seriously, just go listen to it now. It's out there on Spotify. Go. Listen.
The whole thing is just amazing. "Satisfied" has multiple levels of awesomeness, including Queen Latifah. "Helpless" has Ashanti and Ja Rule, which is so beautiful. I feel like I cannot do it justice because I do not know these artists very much if it all. If you go on Twitter, people are fawning over this amazing music.
Today I tried something new. When I listen to Hamilton in the car, I find myself having moments of inspiration about my thesis. The two are nowhere near related. But I think it's somehow either inspiring the scholarly side or I've listened to it often enough that it's allowing me to zen out and freeing my mind to think about my thesis. So I decided to see if that's the case of if somehow driving is a part of it. When you're on a decent drive, it can be a very zen, freeing experience, mentally. I sat down with the laptop and decided to focus on one section of my thesis and write. I didn't worry about citing or finding the information in books. Basically I was aiming to lay a solid foundation I can go back through and flesh out with the books and graphic novels and such later.
I wrote over two-thousand words this afternoon. And they're really good words. I recently transferred that section over into Word and formatted it accordingly. I wrote almost eight full pages today. That's without any citations or headings or anything. Just eight pages of words. It's giving me hope that I can get at least a solid first draft done by the end of the semester to give to my committee to get feedback on. I think I could get a solid draft of the entire thing done over Winter Break when I have no teaching materials to prepare, reading to do for class, papers to write for class, or grading to do.
So, evidently Hamilton needs to be in my rotation for writing music. Who knew?
As a way to get me inspired to write more of my thesis this month, I have signed up to be a part of NaNoWriMo. NaNoWriMo stands for National Novel Writing Month. The idea is to write a novel in a month, but I have seen others posting about using it to inspire them to work on their academic project. I am following in their footsteps.
The ultimate goal of NaNoWriMo is to write a minimum of 50,000 words in the month of November. Considering the inspriation I'm getting from my research, which has been inspired by just thinking and re-rereading the source material, I should be able to hit that point. Also, I'd love to have a solid first draft of the main chapters, not including the introduction and conclusion, before the end of the semester. 50,000 words would get me closer to that being a reality. I realize that would probably be enough words to create the rough draft, but I'm also thinking of editing.
So, I'm hoping to update here about once a week with how I'm doing. If you're also participating, connect with me! I'd love to add buddies. Or just check out my profile and see how my word count is doing outside of my updates. I figure that the more people that know I am doing this, the more there are for me to hold myself accountable to.
Here's to 50,000 more words by the end of the month!
The more I found out about Hamilton, the more I found myself reminding myself of this. I'm sure this is going to be my mantra when I'm working on my dissertation for my Ph.D.
But the best advice I've found that's helped me immensely is from one of my favorite authors, Seanan McGuire. I can't find the post now, but she posted, I thought on her Tumblr, about using a d10 to keep visual track of her writing. She would sit down and write 1000 words at a time. When she hit 1000, she would take a break and then go back to it. I've been using that. I'll sit down and make myself write 1000 words at a go. I haven't done it as often as I really should. But I did it tonight, and it feels so good!
I really should do it on a daily basis. Then again, it is Monday. Maybe this is the week I start writing 1000 words, minimum, a day. Hopefully it'll get me motivated to get the basics down and then go back and start fleshing things out, editing, and getting a rough draft done. I keep freaking out over it and not doing anything. The better thing is to get something done that you can ask others, in my case my committee, for their opinions on. They can't help you if you have nothing for them to look over!
Yesterday, my wallet decided to hide out on the backseat of my car. That was part of my problem. Knowing that I had a stack of books waiting for me at the library that I couldn't get out because my ID was in my wallet was the other. But since I found it just chilling back there after tearing my room apart, things have significantly improved.
One of the books in that stack is X-Men and the Mutant Metaphor by Joseph P. Darowski. This is the book I have been trying to find. I've been wishing I could find a book that would give me some guidance as to overall stories in the over 50 years of stories in the comics. This is it.
I highly recommend this for anyone who enjoys the comics of The X-Men universe. He focuses on the original title, known today as Uncanny X-Men, through issue #500. This book has not only given me guidance as to what comics I want to look at, it has given me focus in general.
It feels so good to have my focus back. It feels so good to know what comics I am going to look at in more detail. It feels so good to have a game plan as to what I am including and what I am excluding. It feels so good to know someone else has looked at these comics closely to examine what they say about things we deal with every day.
I have focus!!!! Now to get my hands on the other comics!
I am blocked. I've been trying to do more work with the books I have, but I just…blocked. There's no other word for it. I think part of it is that I have seven books waiting for me at the library, but I couldn't get them today. Two or three are about The X-Men, which I have been looking for more information on.
That is the biggest challenge with this thesis. I am looking at a comic book that has been around for over 50 years. There are a lot of comics that I could look at. I know I need to look at more, but I don't know which ones to look at. I'm hoping some of these books will give me some guidance.
At least I have peanut butter and apple slices!


Location: Château-Chervix, in the Haute-Vienne departement of France (Limousin Region).
Notes: Tour de Château-Chervix is former dungeon of a castle located in the municipality of Château-Chervix (Haute-Vienne, France). The former dungeon of the twelfth century is the subject of a classification as historical monuments since March 1, 1945.The Tower of Château-Chervix is former dungeon of a castle built by the viscounts of Limoges in the twelfth century. They sent their main prisoners like the castles of Aixe, Nontron and Excideuil. During the fourteenth century, the English seize it twice, in 1356 and in 1380. The second time, they garrisoned until 1381, then leave for a sum of money. In the fifteenth century Gouffier Hermit captain Châlucet, bought the manor of Château-Chervix John V of Britain. His family wanted to redeem soon after, with a right stipulated in the deed, but Gouffier opposed it and it was an order of King Charles VII in 1455 for him to divest. Later, the castle was sold again, then sold in 1487, the lords of Saint Jean-Ligoure, Jean and Antoine de Coignac.


I needed an implant as a root filling in my tooth had failed, which meant that it had to be extracted. Obviously, that meant a very noticeable gap in my smile which was not an option I was prepared to accept.
I wanted a permanent solution, not a denture sitting in a glass! I have been a councillor for many years and do a lot of volunteering with the elderly in my spare time, so I spend a lot of time chatting and smiling. My own dentist near to where I live in Bollington doesn't perform implant surgery so I had to look for someone else – I initially looked at dentists closer to home in the Macclesfield area but couldn't find anyone that I liked. Then I saw an advertisement for an Open Evening at Dental Solutions with a special discounted offer on implants and decided there and then to book an appointment.
The evening was well worth my time- the whole team were very approachable and understanding. I was there for about 30 minutes and during the consultation, they took the time to fully explain the implant process and then they took me on a tour of the suite where the implants are performed. With the discounted special implant offer for the evening, I decided to go ahead.
The implant surgery itself was only slightly painful – with just a bit of swelling the following day but no bruising – and all easily controlled with painkillers. The worst aspect was wearing a temporary plate for a few months, whilst the implant secured itself to my jaw. As I tend to talk a lot, as well as sing in a choir, I felt that it slightly affected my speech and voice, but I gather that most folk who have this treatment also dislike the plastic intrusion in their mouths and are happy to see it go!


As you cruise out of Grimsby, you head through the English Channel and out into the Atlantic. It's shorts and sunscreen as the ship sails past Madeira, through the Canary Islands down the west coast of Africa and towards Ascension Island. A typical science project on the way south might include "mowing the lawn". Time is spent steaming a grid pattern to survey a particular area of the sea bed, hence the terminology. The swath-bathymetry sea bed mapping system, fitted to the ship, gives more scope for this type of survey and in far more detail than previously available. The main aim of the cruise may be to map in detail the Mid-Atlantic ridge in the area around Ascension Island to study further the volcanic nature of this ridge.
Choosing to sail south is a great option, unless of course you haven't sailed across the Equator before. If this is the case, then you will be summoned to attend King Neptune's Court.


If this is your first time living in Minnesota, this is the LLC for you.
Have you decided to cross state lines and venture to Minnesota for college? Are you ready to learn more about what Minnesota and UMN have to offer you? If so, consider joining At Home in MN! While living in this community, you'll connect with other out-of-state students in addition to Minnesotans excited to share their UMN love with you. Others in your community will be navigating some of the same changes, so you'll find yourself in a supportive environment filled with people from all around the country throughout the year.
This house is located in Territorial Hall. Join At Home in MN to enhance your transition to the U! Contact the LLC sponsor, Orientation & Transition Experiences (OTE), at oteinfo@umn.edu or 612-624-0666.


In conjunction with Mitsubishi Motors, the 'Kit 4 Clubs' scheme has launched to support grass roots rugby. The scheme will give rugby clubs across England access to Mitsubishi Motors branded kit and equipment playing an important role in sustaining and developing a strong future for England Rugby.
How does 'Kit 4 Clubs' work?
The scheme is open to clubs affiliated to England Rugby (excluding universities, colleges and schools). When club members or their friends / family book an appointment to have a vehicle appraisal and test drive of a new or used Mitsubishi at their assigned dealership, the club will be credited with £30 towards new playing / training kit / equipment. Once a club reaches a balance of £300, they will be able to place orders through the Mitsubishi Motors website where each club will have its own unique profile page.
Each club must nominate a designated person responsible for their 'Kit 4 Clubs' account and this person will need to register their club. To register, please click here.
Once registered, the designated person can access their club's profile page and monitor their account balance, see who their assigned dealer is, view all the branded products on offer, or place orders. The page also provides a unique link which the designated person should share with club members to allow them to create appointments at their assigned dealerships.
For more information, please contact Amber Lewis (amberlewis@rfu.com).


text:
Terrorszervezetként nyilvántartott szervezetek listája.

Jegyzetek

Fordítás

Terrorszervezetek

redpajama_set_name: RedPajamaWikipedia


text:
package com.beanstalkd.clients.bstalkj.util;

import java.io.ByteArrayOutputStream;
import java.io.FilterInputStream;
import java.io.IOException;
import java.io.InputStream;
import com.beanstalkd.clients.bstalkj.exceptions.BeanstalkException;

public final class BeanstalkInputStream extends FilterInputStream {

        protected final byte buf[];

        protected int count, limit;

        public BeanstalkInputStream(InputStream in, int size) {
            super(in);
            if (size <= 0) {
                throw new IllegalArgumentException("Buffer size <= 0");
            }
            buf = new byte[size];
        }

        public BeanstalkInputStream(InputStream in) {
            this(in, 8192);
        }

        public byte readByte() throws BeanstalkException {
            ensureFill();
            return buf[count++];
        }

        public String readLine() {
            final StringBuilder sb = new StringBuilder();
            while (true) {
                ensureFill();

                byte b = buf[count++];
                if (b == '\r') {
                    ensureFill(); // Must be one more byte

                    byte c = buf[count++];
                    if (c == '\n') {
                        break;
                    }
                    sb.append((char) b);
                    sb.append((char) c);
                } else {
                    sb.append((char) b);
                }
            }

            final String reply = sb.toString();
            if (reply.length() == 0) {
                throw new BeanstalkException("It seems like server has closed the connection.");
            }

            return reply;
        }

        public byte[] readLineBytes() {
    /*
     * This operation should only require one fill. In that typical case we optimize allocation and
     * copy of the byte array. In the edge case where more than one fill is required then we take a
     * slower path and expand a byte array output stream as is necessary.
     */

            ensureFill();

            int pos = count;
            final byte[] buf = this.buf;
            while (true) {
                if (pos == limit) {
                    return readLineBytesSlowly();
                }

                if (buf[pos++] == '\r') {
                    if (pos == limit) {
                        return readLineBytesSlowly();
                    }

                    if (buf[pos++] == '\n') {
                        break;
                    }
                }
            }

            final int N = (pos - count) - 2;
            final byte[] line = new byte[N];
            System.arraycopy(buf, count, line, 0, N);
            count = pos;
            return line;
        }

        /**
         * Slow path in case a line of bytes cannot be read in one #fill() operation. This is still faster
         * than creating the StrinbBuilder, String, then encoding as byte[] in Protocol, then decoding
         * back into a String.
         */
        private byte[] readLineBytesSlowly() {
            ByteArrayOutputStream bout = null;
            while (true) {
                ensureFill();

                byte b = buf[count++];
                if (b == '\r') {
                    ensureFill(); // Must be one more byte

                    byte c = buf[count++];
                    if (c == '\n') {
                        break;
                    }

                    if (bout == null) {
                        bout = new ByteArrayOutputStream(16);
                    }

                    bout.write(b);
                    bout.write(c);
                } else {
                    if (bout == null) {
                        bout = new ByteArrayOutputStream(16);
                    }

                    bout.write(b);
                }
            }

            return bout == null ? new byte[0] : bout.toByteArray();
        }

        public int readIntCrLf() {
            return (int) readLongCrLf();
        }

        public long readLongCrLf() {
            final byte[] buf = this.buf;

            ensureFill();

            final boolean isNeg = buf[count] == '-';
            if (isNeg) {
                ++count;
            }

            long value = 0;
            while (true) {
                ensureFill();

                final int b = buf[count++];
                if (b == '\r') {
                    ensureFill();

                    if (buf[count++] != '\n') {
                        throw new BeanstalkException("Unexpected character!");
                    }

                    break;
                } else {
                    value = value * 10 + b - '0';
                }
            }

            return (isNeg ? -value : value);
        }

        public int read(byte[] b, int off, int len) throws BeanstalkException {
            ensureFill();

            final int length = Math.min(limit - count, len);
            System.arraycopy(buf, count, b, off, length);
            count += length;
            return length;
        }

        /**
         * This methods assumes there are required bytes to be read. If we cannot read anymore bytes an
         * exception is thrown to quickly ascertain that the stream was smaller than expected.
         */
        private void ensureFill() throws BeanstalkException {
            if (count >= limit) {
                try {
                    limit = in.read(buf);
                    count = 0;
                    if (limit == -1) {
                        throw new BeanstalkException("Unexpected end of stream.");
                    }
                } catch (IOException e) {
                    throw new BeanstalkException(e);
                }
            }
        }
    }

redpajama_set_name: RedPajamaGithub


text:
Ultimate 600's – Pair of FTR Moto2 Racers
In Race by Tim Huber September 10, 2017 Leave a Comment
I don't hide my love for motorcycle racing. I've always been attracted to race machines being the pinnacle of two-wheeled performance, and the excitement that comes with watching racers go wheel to wheel on these machines. Though MotoGP machines are in theory the biggest and best, and it is admittedly my favorite kind of racing to watch, I personally prefer piloting 600's over 1000's. As a result, my dream bike is a Moto2 machine, not at all unlike these 2011/12 examples that are currently for sale. All machines used in Moto2 competition are undeniably feats of engineering, FTR machines – much like Suter machines – were some of and continue to be the better bikes in the series.
The 2012 FTR example started its life as a Forward Athina Team bike before ending up in the possession of the current seller. Despite this example's ad stating it is a 2012 model, the machine's livery is definitely from a later year, I believe 2015. Regardless of its production year, a handful of objective things are known about the bike. It is a Moto2 race bike made by FTR and powered by an HRC 600cc inline four. To make things easier for this elite 600's new owner, who presumably lacks a full professional support team, this example has been fitted with an electric starter. The seller specifies this machine has only been used for trackdays and has never been raced, the ad also describes the bike as "ready to go".
While Moto2 machines are obviously incredibly expensive, this particular machine actually boasts a decently reasonable price all things considered. RoadRacing World wrote a fascinating article in 2014 when MotoAmerica was looking into the possibility of running Moto2 machines in the unlimited-chassis class, discussing the price of these cutting-edge racers. It stated that cost estimates did wildly vary depending on who you ask, but individual machines such as a Suter-built Moto2 bike ridden by Gino Rea during the 2014 season – which boasted a 2015 chassis, Ohlins front and rear suspension, Brembo brakes, OZ wheels, a Moto2-spec Honda CBR600RR engine and an SC exhaust system – came in at around $75K. The machine current MotoGP rookie and star Johann Zarco rode while in Moto2 – which featured all kinds of super-trick parts – had an asking price in 2014 of $80K.
Fabrication Techniques Racing Motorcycles – or FTR Moto LTD – was a UK-based manufacturer of high-end motorcycle chassis and components for high performance (mostly racing) machines. Founded by race-guru Steve Bones in 1994 under the name "Fabrication Techniques", FTR quickly became a reputable purveyor of race machinery – primarily frames – working with the likes of Kenny Roberts and TWR in developing the frame for the Modenas KR3 (and the later Proton KR3) the year after first opening up shop. Before FTR was sold to Heads of the Valleys Development Company for over £400,000 (or $528K) in 2012, the elite moto-manufacturer also worked on prestigious GP projects with teams like KTM, Kawasaki, and Aprilia. FTR also helped out with the development of the failed Petronas FP1 machine that I featured an example of recently here on Bike-urious.
This FTR example was owned by Forward Racing – more specifically the 2012 Athina Forward Racing Moto2 Team – which has been a formidable part of Grand Prix racing for close to a decade. The Italian-owned team still competes today in Moto2 with riders Lorenzo Baldassarre and Luca Marini – Valentino Rossi's half-brother – however Forward Racing has had the privilege of signing some noteworthy riders in its time in MotoGP and Moto2, including the likes of Colin Edwards, Marco Melandri, Aleix Espargaro, Stefan Bradl, and Loris Baz, just to name a few. If you follow Grand Prix racing you may remember when Forward Racing's owner (Giovanni Curari) was arrested in Switzerland in 2015 on suspicion of corruption, fraud, money-laundering, and bribery, which lead to him being charged with "abuse of authority, passive corruption, and improper application of fiscal regulation". Though this legal snafu resulted in Stefan Bradl leaving the team, Forward still managed to trudge on and continue competing in GP events.
The second FTR example is a 2011 M211. It features a highly-tuned power-plant that has only seen 300 miles in total. This M211 example also sports a trick Suter clutch, new Ohlins R&T forks, new Brembo racing Monoblock calipers, titanium pistons, new Z04 pads, new carbon bodywork and paint-work, Showa monoshock, OZ forged alloy rims, HM quickshifter, HRC ECU, racing battery, and a bespoke FTR racing loom, all sitting on brand new Dunlop M2 slicks. This machine reportedly weighs in at just under 300lbs and according to the seller, "cost the same to run as CBR600RR." The example is said to be in excellent condition and its sale includes all of the unspecified spare-parts the current owner has for the track weapon. Parts for this elite 600 can be really expensive (for example the Suter clutch is a cool $2K), so any spare parts are a big deal.
Despite them costing a mere fraction of what a premier class machine costs, these Moto2 bikes are capable of performing at a pretty close level to MotoGP scoots. These examples – while admittedly aren't the prettiest supersports – are simply superb performers that exude every quality I love about motorcycling, and you'd be hard pressed to find another (non-small displacement) bike that is able to handle like a Moto2 bike. While computer speakers can never fully do a roaring engine complete justice, here's a quick fifteen second video of someone revving an FTR Moto2 bike. I don't know about you, but I'm wishing I was sitting on a spare thirty grand right now.
You can find this 2012 FTR Moto2 racer for sale here on RaceBikeMart.com in the UK with a price of $33,000 (or £25,000), though they seller invites all (reasonable) offers.
You can find the 2011 FTR M211 Moto2 machine for sale here on RaceBikeMart.com in the UK with a price of $25,750 (or £19,500).

redpajama_set_name: RedPajamaCommonCrawl


text:
Effect of Hydrostatic Compression on the Energy of the 14.4-kev Gamma Ray from Fe^(57) in Iron
Pound, R. V. and Benedek, G. B. and Drever, R. (1961) Effect of Hydrostatic Compression on the Energy of the 14.4-kev Gamma Ray from Fe^(57) in Iron. Physical Review Letters, 7 (11). pp. 405-408. ISSN 0031-9007. http://resolver.caltech.edu/CaltechAUTHORS:20151224-103419754
The energy of the recoil-free fraction of they rays emitted by nuclei bound in solids1 has been found to be affected by temperature and by electronic configuration. The latter effect has been named the "isomeric" shift. Compression of a solid should influence the energy through both of these mechanisms. We have measured the effect of hydrostatic compression at 295°K on the energy hν of the recoil-free 14.4-kev γ rays emitted by 0.1-μsec Fe^(57) bound in metallic iron.
http://dx.doi.org/10.1103/PhysRevLett.7.405 DOI Article
http://journals.aps.org/prl/abstract/10.1103/PhysRevLett.7.405 Publisher Article
© 1961 American Physical Society. Received November 2, 1961. Work supported, in part, by the Office of Naval Research.
Office of Naval Research (ONR) UNSPECIFIED
Effect of Hydrostatic Compression on the Energy of the 14.4-kev Gamma Ray from Fe57 in Iron R. V. Pound, G. B. Benedek, and R. Drever Phys. Rev. Lett. 7, 405-408. Published 1 December 1961


Uther Dean is fat and sad and you can be too!
Uther Dean is fat and sad and you can be too! From eating your feelings to feeling your eatings, this deliciously dark hour of stand-up covers every stretch mark on the modern body and mind.
A 2017 Raw Comedy Quest national finalist and critically acclaimed playwright, Uther is one of the country's most exciting new comedians.
People say that you should laugh or else you'll cry. This show asks: why not both?


These Terms are issued by EuroFlorist Europe B.V (Company Registration Number: 34084257) whose Registered Office and trading address is at EuroFlorist Europe B.V, De Entree 143-145, 1101 HE Amsterdam, The Netherlands. The VAT number of EuroFlorist Europe B.V is 8025.22.129.B01.
1.1 These terms and conditions (Terms) are issued by British Teleflower Service Limited (the Company). They apply to the entire contents of the websites under the domain name www.teleflorist.ie (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.
6.9 During peak periods delivery dates may be moved forwards to ensure delivery is made before or on the intended day of delivery. We will attempt to notify you of these changes but shall not be held liable.
9.2 We guarantee seven days of freshness for your flowers, plants or associated items from the date of delivery. If any flowers arrive damaged, die or wilt within seven days of delivery you should take a digital photograph of them and email it tocustomer.service@teleflorist.ie or take the flowers to the florist shop that delivered them and we will replace the flowers and deliver them to you free of charge.


If you do not already have one that you love, it can be almost as hard to pick a suitcase as it can to pick a vacation. You have to have one that not only holds everything you need to take with you, but it also has to be as portable as you would like, preferably lightweight, and durable.
Duffel Bag – These are typically lightweight with large amounts of un-determined space inside. They are great for trips that might include ski or scuba gear, or if you just want to stuff everything in and go. The outer layer is usually soft and flexible so the bag itself can fit almost anywhere depending on how full it is.
Wheeled Duffel – These have most of the same advantages as the traditional duffel bag but are easier to transport since they are wheeled. Keep in mind that the structure that adds the wheels will also remove the flexibility of the outer shell.
Wheeled Suitcase – This is the most common type of luggage and there are thousands of options depending on the size you are looking for as well as how much additional 'organization' you prefer.
Backpack – These can have a lot of the advantages of a duffel (flexible and stuff-able) but are much easier to transport. Some of them will also include a frame system for structure but that can add bulk and weight.
Wheeled Backpack – This one it relatively self-explanatory and combines the convenience of being able to roll the bag as well as the ability to carry it on your back.
Take a good hard look at the trips you usually plan, and choose your luggage according to your needs.
This entry was posted in Travel and tagged backpack, backpacker, Beauty Frizz, duffel, duffel bag, escape, getaway, luggage, Luxuries, suitcase, travel, Travel bag, Trip, vacation, Weekend, wheeled backpack, wheeled duffel, wheeled suitcase, wheels.


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ers and suppliers. How, exactly, is the auto industry supposed to meet requirements for more efficient vehicles when car buyers aren�t interested in purchasing them?... The rankings are based on sales to the automotive industry (U.S. dollar equivalent, figures include estimates). The top five suppliers on the list are Bosch, Denso, Magna, Hyundai Mobis, and Continental, the same mega suppliers that filled the top of the rankings last year.
Industry (2012-2016) to develop Thailand as a global green automotive production base and to increase research and development for automotive technology. Source: ASEAN Automotive Federation... With few changes in the vendor share ranking in 2016 over 2015, attention turns to the future of market leader NXP. Having merged with Freescale, thus creating the largest vendor of OE automotive semiconductors, NXP has experienced two important events over the last twelve months.
VLSI�s Top 10 Semiconductor Equipment Supplier ranking showed 2016 was a great year for many of the tool companies that supply chip makers. Heavy investments to address 10nm, 3D NAND and a general lack of production capacity were the key drivers.
With few changes in the vendor share ranking in 2016 over 2015, attention turns to the future of market leader NXP. Having merged with Freescale, thus creating the largest vendor of OE automotive semiconductors, NXP has experienced two important events over the last twelve months.


Gyraf G14 + Foote P3S ME???
Gefell, Schoeps and Co. - which highend mic pair for classical music?
What overhead configuration is this?
Most extreme 500 modules ?
Best mic for acoustic gtr under $1500?
Moved: What's the difference between the Rev A or Rev D of the 1176 compressors?
users who use this formulation, how do you like aligning and biasing for it? A80 2" 24tk.
Lorenz V241 as line in ?
Some Interesting Observations - Converters - Digital Cable..
Will this remote work for my tape machine?
Moved: Bricasti V3 BETA!!! Got mine today!
Does Neumann K87 capsule have serial ?
Moved: Summing mixers for ITB guys. Worth it?
Has anyone heard of a "Billy Board"?
How many amps does a studer A827 pull?


text:
Netacea introduces TrafficDefender™ to help businesses cope with shoppers' lockdown demand
Manchester-based cybersecurity firm launches dedicated virtual waiting room offering
(businesspress24) - Manchester, UK - 29 April 2020 - Netacea, a leading provider of bot management solutions, is scaling up its virtual waiting room offering to meet the growing demand for online queuing services amid the coronavirus pandemic.
TrafficDefender™, powered by Netacea, gives businesses the power to control online traffic with enterprise-grade, secure DNS-based queue technology, that protects against queue jumpers who bypass other JavaScript-based solutions. Implementing fair, non-bypassable virtual waiting room technology ensures that essential amenities are available to the public 24/7, no matter how busy the website becomes.
Netacea has separated its scalable and cloud-based virtual waiting room solution from its bot management offering, to ensure organisations can quickly and easily access queuing technology when they need it most.
TrafficDefender's unique approach to virtual waiting room gives businesses complete control of their website traffic, during unprecedented surges of traffic. The technology enables businesses to determine their own limit to the number of concurrent visitors on the site, guaranteeing website availability no matter how long customers remain on the site.
The solution, which has already been rolled out by organisations throughout the UK, US, EMEA and Asia, sits in front of a website to protect the entire technology stack with a secure, fair and non-bypassable first-in-first-out queue that guarantees the flow of traffic even if the volume exceeds capacity. By using TrafficDefender, a European government providing financial aid to hospitality organisations was able to remain available for the 20,000 businesses queuing for the service, on a website that typically has capacity for 200 companies registering at once.
A retail organisation also used Traffic Defender's "VIP" queuing functionality to both provide dedicated access to its customers with previous orders in place and allow key workers to access its website ahead of the queues or within specific timespans.
Andy Still, co-founder and CTO at Netacea stated: "As demand for our virtual waiting room technology continues to grow, it became increasingly clear that it deserves a dedicated home in TrafficDefender. For many organisations, this technology has never been more critical as they seek to accommodate unprecedented levels of traffic throughout the Covid-19 pandemic and ensure customers can access critical services."
Jeremy Gidlow, co-founder and CEO at Netacea also said: "Over the last six weeks, we have been working hard to ensure that retailers, grocers, governments and public services are available. TrafficDefender provides an essential solution to businesses that need to stay online during surges of traffic."
http://www.realwire.com/releases/Netacea-introduces-TrafficDefender-to-help-businesses-cope-with-shoppers
netacea, trafficdefender, manchester, virtual-waiting-room,
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text:
John F McDonnell
former Chairman, McDonnell Douglas Corp
Retired Chairman, McDonnell Douglas Corporation. Mr. McDonnell served as Chairman of McDonnell Douglas Corporation (aerospace) from 1988 until its...
Retired Chairman, McDonnell Douglas Corporation. Mr. McDonnell served as Chairman of McDonnell Douglas Corporation (aerospace) from 1988 until its merger with Boeing in 1997, and as its Chief Executive Officer from 1988 to 1994. Mr. McDonnell is not on the board of any public company in addition to The Boeing Company. He is also a director of BJC Healthcare and of Barnes-Jewish Hospital and Vice Chairman of the board of Washington University and of the Donald Danforth Plant Sciences Center. Mr. McDonnell is a member of the Compensation Committee and the Governance, Organization and Nominating Committee.
McDonnell Douglas Corporation American aerospace manufacturer and defense contractor
• Chairman ('88→'97)
Zoltek Companies Inc. Carbon Fiber, Wind Energy, Automotive, Offshore Drilling
The Boeing Company Advanced technology manufacturer and systems developer
• Director ('97→'12)
Center of Research, Tech & Entrepreneurial Exchange (CORTEX) Buys and develops real estate to attract biotech start-up companies
CityArchRiver 2015 Foundation STL 501(c)(3) organization
St. Louis Regional Chamber chamber of commerce and economic development organization for the 16-county, bi-state St. Louis region
Donald Danforth Plant Science Center Closely tied to Monsanto
Washington University in St. Louis A private research university located in St. Louis, Missouri
BioStL Coalition Regional organization to champion St. Louis bioscience
• founding Chairman
G David Forney Jr Electrical engineer
• stepbrother
James Smith McDonnell Founder of McDonnell Aircraft Corporation, later McDonnell Douglas
James S McDonnell III Retired, Boeing
• brother [+1]
• Relative
Mitt Romney U.S. senator from Utah, former Massachusetts governor
• 3 contributions · 25,000 USD ('12)
Kit Bond Former US Senator from Missouri (1987-2011); former Gov. of Missouri
Dick Gephardt US Representative from Missouri
Missouri Republican State Committee-Federal
Jim Talent former US Representative and Senator from Missouri
Russ Carnahan US Representative from Missouri
Republican Leadership Council Federal PAC
John S. McCain III US Senator and Representative from Arizona
Jane Harman CEO, Woodrow Wilson Center; former US Representative from California
Democratic Congressional Campaign Committee
Birthday 1938
Missouri's Largest Political Donors from 2008 to 2013
John McDonnell
John J McDonnell
John Martin McDonnell


Kent Boring » Simextra International N.V.
Put the milk, eggs, oil and Pancake Mix in a mixing bowl.
Stir well until all lumps are gone.
Heat a baking plate or frying pan on low heat.
Pour about ¼ cup batter for each pancake onto the oiled plate or pan.
Bake each pancake for about 1 ½ minutes till golden brown on each side.


text:
Kipnis hits walk-off home run, Indians beat Royals 3-2
The Indians improve to 43-35 on the season
CLEVELAND, Ohio – Jason Kipnis' resurgence continued on Monday night, as the veteran hit a walk-off home run to power the Indians past the Royals 3-2 in 10 innings.
"It's an awesome feeling," Kipnis said. "It never gets old. Getting a hit never gets old. Hitting a home run never gets old. To do it all as a walk-off, it's a thrill, it's a rush, to look back at all your teammates running out to home plate. It really is one of the better rushes in the game."
The 32-year-old has been on fire since he tweaked his swing. Kipnis has posted a .471/.526/1.438 slash line with four home runs and 14 RBI in his last nine games.
It was Kipnis' sixth career walk-off hit. He finished with three hits on the night, none more important than the last one, which gave Cleveland its' fourth win in a row.
"Sometimes a guy will get the feel and it's – like with Kip, I think it's his hands," manager Terry Francona said. "Sometimes he feels like his hands are kind of like underwater. That's not what he says. But he has such good hitter's hands, and when he feels good, he gets pretty dangerous."
The game was delayed two hours and 23 minutes by rain following the top of the fourth inning. The delay forced both starting pitchers, Cleveland's Adam Plutko and Kansas City's Brad Keller out of the game.
Jose Ramirez got the Indians on the board with an RBI double in the fourth inning after play resumed. Carlos Santana scored to make it 1-1.
Bobby Bradley's RBI double in the sixth inning gave the Tribe a 2-1 lead. He's hit two doubles in his first two big league games.
We can confirm that Bobby Bradley hits the ball HARD.
Exit velocity: 110.1 mph -- pic.twitter.com/FUP69q0riq
— Cleveland Indians (@Indians) June 25, 2019
The Indians improve to 43-35 on the season. They've won nine of their last 11 games and are 7.5 games behind the Twins in the American League Central Division.
"We're creating runs in different ways and I think if you add that to the pitching that's always been there, and the bullpen, it's a good recipe for wins," Kipnis said.
Vintage Jose – Ramirez had a big night for the Tribe. He finished 2-for-2 with two doubles, one RBI and a run scored. First, he ripped a double down the right field line in the second inning. Then, went the other way with a double down the left field line in the fourth inning. Ramirez is showing signs of life, which would be huge for the Indians.
"Guys who got off to slow starts, you knew they were going to start picking it up a little bit," Kipnis said. "Especially if it all happens at the same time, kind of like it is right now with me and Jose a little bit. I thought Roberto and Frankie kind of carried us earlier, and now our lineup is lengthening, it's getting tougher."
Injury Update – Mike Clevinger went through an extensive workout on Sunday and the Indians expect him to start Friday's game against the Orioles. He sprained his ankle on June 17 against the Rangers. Clevinger suffered a Teres major muscle strain in his back that kept him out for more than two months. He has a 2.70 ERA in three starts this season.
Outfielder Jake Bauers sprained his left ankle while shagging fly balls during batting practice. He was removed from the lineup, but isn't expected to miss extended time. Francona said the 23-year-old may miss a day or two as a precaution.
Up Next – Shane Bieber is on the mound for the Tribe on Tuesday night. He enters with a 6-3 record and a 3.86 ERA on the season. Glenn Sparks will get the start for the Royals. He's 2-3 on the season with a 3.62 ERA.


For those of you unfamiliar with the geography of Oregon, Bend is pretty much in the middle of nowhere.** That's not to say it isn't a nice place to visit–it turns out that "middle of nowhere" comes with quite the view. There's a reason why a sleepy town at the foot of the Cascades became the center of a real estate boom, even though it's hours away from all the other "metropolitan" areas of the state. It's a scenic drive that involves several different biomes, and you get a real insight into the geographic diversity of Oregon.
I imagine that many people would expect that such a serene setting would be the perfect backdrop for the dulcet tones of The National. What better place for a band that sang a song called "All the Wine" than a state known for its wonderful pinot noir? However, wrapped up in those assumptions is a particular criticism of the band: The National are "boring" and are best described as "dad rock". One does not expect edginess or excitement within these parameters, and so there are many people that are quick to dismiss the group. But this rush to judgment is often the result of purely superficial listens to the band. On the surface of seemingly pleasant tunes, there lies a quiet (and often furious) intensity, and multiple listens reveal subtle instrumental nuances and dynamics from what initially seemed a flat affect. It's the equivalent of a difference between a soft and forceful whisper–while the overall volume is relatively the same, the emotional reaction to each is different, and it usually takes multiple listens and careful attention to notice this detail.
If you still don't believe me after multiple listens (or are unwilling to go through the "work") and still want to categorize the band as "boring", then I recommend an easier solution: simply go see The National perform live. All those claims earlier about nuance and subtleties and emotions and so on become much more apparent in a live setting, where you get the added visuals of seeing Matt Berninger roam around the stage while treating the microphone as the last best chance to plead his case, with the Dessners and Devendorfs sets of brothers building up and tearing down walls of sound behind him. On Friday night, Matt had the crowd hanging on his every word, and they were eager to sing along with every lyric, with the two feeding of the energy of the other. The crowd was especially lively and friendly at this performance, eager to participate (though truly befitting a crowd of Oregonians, less than rhythmically-inclined, a malady that was especially apparent during tUnE-yArDs opening set***) and even ready to share "substances" with strangers, a rarity among local crowds.
The set focused heavily on material from Trouble Will Find Me, though considering it took the number one spot in our Best of 2013 list, this was perfectly fine with us. In general, more recent material had a heavier emphasis, with High Violet tracks making up a significant part of the set, though favorites from Boxer and Alligator made appearances as well, plus rare b-sides "Santa Clara" and "About Today". Even though it had been only a few months since their last visit to the Northwest, there were several subtle shifts in the particular arrangements, most notably with additional leads from Bryce Dessner (forgive me if I named the wrong twin, but I think I got it). The overall mix was better this time around too, with a better balance between the vocals and instruments as well as between the instruments themselves. Matt again enthralled the crowd with his theatrics, ranging from crooning from the side of the stage to punctuating the end of a song by throwing a wine glass at the back curtain.
The band effortlessly switched between gorgeous ballads like "Pink Rabbits" and "Ada" and slow-building rockers like "Don't Swallow the Cap" and "Sea of Love", but really shined when they cut loose and tore into ragers like "Abel", with Matt throwing his whole body into screaming out along with the crowd "My mind's not alright!" The synergy between the band and the crowd came to a head during the encore, featuring Matt wandering into the crowd for a full-participation version of "Mr. November" (he didn't walk right past me like he did at Edgefield, but I did my part by helping to make sure the mic cable didn't clip anyone) and a cathartic "Terrible Love", and finishing with an unplugged group sing-along of "Vanderlyle Crybaby Geeks". Any fan of the band came away impressed with the performance and happy to share with other fans, and I'd like to imagine that anybody who came in unsure walked out convinced about the greatness of the band.
And to think, as we all calmed down from the buzz of that wonderful experience as we ventured into the town in search of dinner, no one thought to say the words "dad rock".
*I mean, there wouldn't be that much point in writing that kind of intro otherwise, but maybe you just like surprises and completely forgot what the title to this post was.
**And for those of you who are looking for material for some sort of anti-Oregon screed, it coincidentally is pretty much in the middle of the state. Though I don't know why you're going out of your way to rip on Oregon, but hey man, I ain't judging.
***A quick note on tUnE-yArDs: I had listened to w h o k i l l after its inclusion on several critics' lists and came away less than impressed, but the idiosyncratic style was easier to digest in a live setting, and the interesting melodies and danceable rhythms energized the crowd. Unfortunately, there were many in the crowd who tried to clap along with the handclaps used by the group, not thinking that this could possibly be a hindrance when trying to set up a loop with a complex rhythm. Also, there was one person who decided he should jump and clap at the same time–do one or the other, sir, because you cannot do both in time.


I started on the school calendar last night. Finally. I opened the file and started putting the correct dates and holidays in. It's important to have the holidays are all on the right day, because this is the calendar people are going to hang on their walls and use to schedule their lives. We have the federal holidays, days like Mothers Day and Fathers Day, and the Wisconsin Public School Observance days. Sometimes I can get confused trying to go from one list to the next and making sure everything is where it should be. And that's just the beginning. In addition to all that, as soon as I get the graphics, I have to insert the student artwork. Then, when we finally get all the dates for the school activities, I have to list them, too. We put a little icon for different kinds of activities - academic, athletics, arts, fundraising, etc. - on the calendar boxes, and then put a list of all the activities to the side, leaving room for people to write their own info, appointments, and activities in the calendar boxes.
It works pretty well. In fact, another local school has pretty much completely copied our calendar design for the last couple of years. They say imitation is the sincerest form of flattery, right?
If I don't get around to visit much in the next few weeks (I really should keep track of how many hours go into the creation of this calendar), you'll know why. I'm working on the calendar, and I don't have time for anything else - not blogging, not lying around in my hammock chair, not planting my garden, nothing. It's the same every year. When we finally go to print, I finally get to breathe.


text:
Van Pelt leads, Woods 9 shots back at Quail Hollow
Charlotte, NC – Bo Van Pelt fired a seven-under 65 to take the first-round lead Thursday at the Quail Hollow Championship.
Twenty-seven players were within five shots of Van Pelt's lead, but only one of them was closer than two. And embattled world No. 1 Tiger Woods was nine strokes back.
Kenny Perry eagled his 16th hole to tie Van Pelt, but flubbed a shot on the next hole and made bogey, ending one stroke off the pace at six-under 66.
Camilo Villegas was next with a 67, while Geoff Ogilvy, Paul Goydos, Billy Mayfair, Andres Romero, Brad Faxon and J.J. Henry were knotted at 68.
Masters champion Phil Mickelson, playing for the first time since Augusta, reached as low as four-under par before ending his round with back-to-back bogeys for a 70.
Woods labored to a two-over 74 that included back-to-back tee shots into the water and was nowhere near the lead in his first start since the Masters.
He striped his first tee shot down the No. 10 fairway to open the tournament with a birdie, but made a bogey two holes later and never got back under par.
Struggling with his shot direction all day, Woods was done in by a three-hole stretch around the turn that included tee shots into the water hazards at 17 and 18.
Those wet shots led to a double-bogey the par-three 17th and a bogey at the 18th. After he also bogeyed No. 1 — his 10th hole — Woods was four-over par and tumbling down the leaderboard.
"A lot of mistakes," said Woods, the 2007 Quail Hollow champion. "I didn't hit the ball very good at all today."
Meanwhile, Van Pelt has rarely hit it better. He had seven birdies to come within one shot of tying the course record that he shares with Kirk Triplett and Rory Sabbatini.
Van Pelt, who fired a 64 in the second round in 2006, is back using the putter he had in his bag when he captured his only PGA Tour win last year in Milwaukee.
The refurbished club served him well on the Quail Hollow greens, as Van Pelt took only 26 putts during the bogey-free effort.
"I think statistically I'm like second in total driving and about fourth in greens in regulation, so that hasn't been holding me back," said Van Pelt, who tied for third place in his last start at the Heritage two weeks ago. "It's just converting on some of those (putting) opportunities."
Van Pelt went 4-for-4 on the par fives, making birdies on each of them. He just missed a 14-foot birdie putt on No. 9 — his last hole — with a chance to extend his lead even further.
"I knew I was striking the ball well. My irons felt good, and I was driving the ball well," said Van Pelt. "I just wanted to keep going forward. I didn't really look at the [leaderboard], I just tried to take advantage of the opportunities I had, and this is one of those golf courses where if it's going good, you'd better try to get it because it can jump up and grab you in a heartbeat."
Woods rallied back to one-over par after his disastrous three-hole stretch around the turn, making birdies at Nos. 2, 5 and 8. But he closed with a bogey at No. 9 to shoot his worst score since a 75 in the final round of the PGA Championship.
That was the day Woods was upset by winner Y.E. Yang despite holding the third-round lead.
"One good round tomorrow could get me right back in it," Woods said.
But first he will have to correct the control problem that had him guessing all day whether his balls would travel left or right off the club. Woods wasn't interested in working on the problem right away, saying "The hell with it" about going to the range afterward.
"I'm just going to go hang it up today and come out tomorrow," he said.
NOTES: Mickelson played despite leaving the pro-am Wednesday to be treated for dehydration…Defending champion Sean O'Hair, who netted his first $1 million paycheck when he won last year, opened with an even-par 72…Triplett and Sabbatini carded their 64s in 2004 and 2007, respectively…The 34-year-old Van Pelt also won once on the Nationwide Tour in 2003.


In his fascination with the use of found photography, Paul Bogaers (NL, 1961) can be considered one of the forerunners of today's interest of photographers in found imagery. In his early works Bogaers has often combined his own photographs with amateur snapshots, newspaper clippings, postcards, pages torn from books and other found photographic sources. Association and suggestion play an important role in his combinations, in which he invites the viewer to discover new and surprising links.