"As to the moneys contributed or raised by mortgage for the general purposes of the mission, it appears to me that Booth may expend them as he pleases, without being subject to any legal control, and that he cannot even be compelled to publish any balance-sheets.
"Whether there are any provisions in the Charitable Trusts Acts which could be made available for enforcing some scheme for the application of the property or funds is a question to which I should require to give a closer consideration should it become necessary to go into it; but at present, after perusing these Acts, and especially 16 and 17 Vict. c. 137 and 18 and 19 Vict. c. 124, I cannot see how they could be made applicable to the trusts as declared in this deed.
"As to the Mortmain Acts, the matter is clearly charitable, and unless in the conveyances and leases to Booth, or to the trustees (if any) named by him, all the provisions of the Acts have been complied with, and the deeds have been enrolled under the Acts, they would be void. It is probable, however, that every conveyance and lease has been taken without disclosing any charitable trust, for the purpose of preventing it from being void on the face of it. It is to be noted that the deed is a mere deed poll by Booth himself, without any other party to it, who, as a contracting party, would have a right to enforce it.
"Whether there are any objects of the trust I cannot say. If there is, as the recital indicates, a society of enrolled members called 'The Christian Mission,' those members would be objects of the trust, but then, it appears to me, Booth has entire control and determination of the application. And, as to the trusts enuring for the benefit of the 'Salvation Army,' I am not aware what is the constitution of the 'Salvation Army,' but there is no reference whatever to any such body in the deed. I have understood the army as being merely the missionaries, and not the society of worshippers.
"If there is no Christian Mission Society of enrolled members, then there are no objects of the trust. The trusts are purely religious, and trading is entirely beyond its purposes. Booth can
'give away' the property, simply because there is no one who has any right to prevent his doing so.
"Ernest Hatton."
It is probably my want of legal knowledge which prevents me from appreciating the value of the professed corrections of Mr. Hatton's opinion contained in the letters of Messrs. Ranger, Burton, and Matthews, "Times," January 28th and 29th, 1891.