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For that purpose he, of course, required a certain amount of materials and tools of such a nature as were possessed by the defendant company.

The effect of those two statements-I do not propose to read them at length-seems to me to be that a certain keg of varnish had been traced to the possession of the plaintiff, that it had been first placed in one of the hangars on the aerodrome ground; that it had been removed by the plaintiff from that hangar to another; and that it had afterwards been moved from the aerodrome ground altogether to Rose Cottage, and the persons who made the statements had heard that it had been or was about to be taken from Rose Cottage elsewhere.

With that particular incident connected with the varnish there was associated in those statements the name of the plaintiff, the name of Martin, the storekeeper, and Mr Brackenridge, who was the head of the school, as I understand, or, at any rate, a very important person in the aviation school, and who it was said knew at all events all about the original removal of the varnish to the hangar, although it was said that he had taken no notice of the incident.

There must be evidence of some further indirect motive.

The depositions of witnesses taken in pursuance of s 17 of the Indictable Offences Act 1848 in the form set forth in the schedule to that Act should appear in chronological order, a record of the depositions being kept day by day with a fresh caption at the beginning of each day’s proceedings showing what witnesses have been examined on that day, and what part of their evidence has been given on that day.

The facts of the case and the arguments of counsel sufficiently appear from the following judgments.

NOTES: Referred: Tims v John Lewis & Co, [1951] 2 KB 459.

Whether it was a good or a bad design is of no consequence.