[IN THE PRIVY COUNCIL.]

1932 Present : Lord Atkin, Lord Tomlin, and Lord Macmillan.

KING v. GODAMUNE.

Criminal misappropriation-Trust property-Payment of interest to trustee pending settlement of action to recover trust money-Appropriation of payment-Ownership of property misappropriated-Duty of Judge to decide on meaning and construction of documents-Misdirection- Nesessity for a full note of Judge's summing-Criminal Procedure Code, ss. 244 (I) and 355 (2) and (2).

The appellant and another were the trustees of the marriage settlement of Ensor Harris, the trust property consisting of a primary mortgage for Rs. 40,000 upon an estate called Belmont. The mortgage had been created in 1920 by one B as part of a transaction by which he had purchased the estate from Harris. Under the settlement Harris was the beneficiary entitled to the income of the trust property. On March 14, 1927, the interest on the mortgage was in arrear to the extent of Rs. 23,000, and the appellant and his co-trustee began an hypothecary action to enforce the mortgage.

The defendants to the action were B, and certain other persons ' called a Syndicate who were joined as