Corporate Tax Law Structure Policy And Practice

Peter Harris download

https://ebookbell.com/product/corporate-tax-law-structure-policy-
and-practice-peter-harris-47636720

Explore and download more ebooks at ebookbell.com

Here are some recommended products that we believe you will be
interested in. You can click the link to download.

Corporate Tax Law Structure Policy And Practice 2nd Edition Peter
Harris

https://ebookbell.com/product/corporate-tax-law-structure-policy-and-
practice-2nd-edition-peter-harris-56458692

European Union Corporate Tax Law Christiana Hji Panayi

https://ebookbell.com/product/european-union-corporate-tax-law-
christiana-hji-panayi-51256596

Corporate Income Tax Law And Practice In The Peoples Republic Of China
Fuli Cao

https://ebookbell.com/product/corporate-income-tax-law-and-practice-
in-the-peoples-republic-of-china-fuli-cao-2500092

Eu Corporate Law And Eu Company Tax Law 1st Edition Luca Cerioni

https://ebookbell.com/product/eu-corporate-law-and-eu-company-tax-
law-1st-edition-luca-cerioni-1370964
Dual Income Tax A Proposal For Reforming Corporate And Personal Income
Tax In Germany 1st Edition Of Economic Experts German Council Auth

https://ebookbell.com/product/dual-income-tax-a-proposal-for-
reforming-corporate-and-personal-income-tax-in-germany-1st-edition-of-
economic-experts-german-council-auth-4405496

Corporate Tax Incentives For Foreign Direct Investment Oecd Tax Policy
Studies 4 Oced

https://ebookbell.com/product/corporate-tax-incentives-for-foreign-
direct-investment-oecd-tax-policy-studies-4-oced-2449868

Corporate Tax Reform Taxing Profits In The 21st Century 1st Edition
Martin A Sullivan

https://ebookbell.com/product/corporate-tax-reform-taxing-profits-in-
the-21st-century-1st-edition-martin-a-sullivan-2519560

Corporate Tax Planning Business Tax Procedures With Case Studies 23th
Edition Vinod Ksinghhania And Monica Singhania

https://ebookbell.com/product/corporate-tax-planning-business-tax-
procedures-with-case-studies-23th-edition-vinod-ksinghhania-and-
monica-singhania-11522116

Common Corporate Tax Base In The Eu Impact On The Size Of Tax Bases
And Effective Tax Burdens 1st Edition Christoph Spengel

https://ebookbell.com/product/common-corporate-tax-base-in-the-eu-
impact-on-the-size-of-tax-bases-and-effective-tax-burdens-1st-edition-
christoph-spengel-2521324
more information - www.cambridge.org/9781107033535
 C O R P O R AT E TA X L AW
Structure, policy and practice

Structure is something that many corporate tax systems lack. Focusing on

structural defects and how they are addressed in practice, this comprehen-
sive and comparative analysis of corporate tax systems uses a conceptual
framework to illustrate and analyse the many difficult issues that corpo-
rations pose. This framework is enhanced by the examination of a large
body of legal rules and practical considerations that demonstrate how cor-
porate tax systems work in practice. While adopting a broad comparative
approach, the analysis also drills down into the detail of influential cor-
porate tax systems to illustrate the major issues they face and the options
available to them.

Peter Harris is a reader at the Law Faculty of the University of Cam-

bridge. He is also Director of the Centre for Tax Law at the Law Faculty and
a director of studies and fellow of Churchill College.
 C A M B R I D G E TA X L AW S E R I E S
Tax law is a growing area of interest, as it is included as a subdivision in
many areas of study and is a key consideration in business needs through-
out the world. Books in this series will expose the theoretical underpinning
behind the law to shed light on the taxation systems, so that the questions
to be asked when addressing an issue become clear. These academic books,
written by leading scholars, will be a central port of call for information on
tax law. The content will be illustrated by case law and legislation.
The books will be of interest for those studying law, business, economics,
accounting and finance courses.

Series Editor
Dr Peter Harris, Law Faculty, University of Cambridge, Director of the
Centre for Tax Law.

Dr Harris brings a wealth of experience to the Series. He has taught and

presented tax courses at a dozen universities in nearly as many countries
and has acted as an external tax consultant for the International Monetary
Fund for more than a decade.
C O R P O R AT E T A X L AW
Structure, policy and practice

PE T E R HA R R I S
 cambridge university press
Cambridge, New York, Melbourne, Madrid, Cape Town,
Singapore, São Paulo, Delhi, Mexico City
Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK
Published in the United States of America by Cambridge University Press, New York

www.cambridge.org
Information on this title: www.cambridge.org/9781107033535


c Peter Harris 2013

This publication is in copyright. Subject to statutory exception

and to the provisions of relevant collective licensing agreements,
no reproduction of any part may take place without the written
permission of Cambridge University Press.

First published 2013

Printed and bound in the United Kingdom by the MPG Books Group

A catalogue record for this publication is available from the British Library

Library of Congress Cataloguing in Publication data

Harris, Peter, 1938–
Corporate tax law : structure, policy and practice / Peter Harris.
p. cm. – (Cambridge tax law series)
Includes bibliographical references and index.
ISBN 978-1-107-03353-5 (hardback)
1. Corporations – Taxation – Law and legislation. I. Title.
K4544.H375 2013
343.06 7 – dc23 2012037580

ISBN 978-1-107-03353-5 Hardback

Cambridge University Press has no responsibility for the persistence or

accuracy of URLs for external or third-party internet websites referred to
in this publication, and does not guarantee that any content on such
websites is, or will remain, accurate or appropriate.
 C O NT E NT S

Preface page xiv

Table of cases xvi
Table of statutes xx
List of abbreviations l
Introduction 1
Approach and focus 1
What is a ‘corporation’ and why is it important? 4
The ‘corporate tax system’ 8
Scope and structure of the book 12

1 Taxation of corporate income when derived 17

1.1 Identifying and classifying corporations 19
1.1.1 Identifying corporations 22
1.1.1.1 Definition 22
Corporations 23
Unincorporated entities 24
Exclusions 26
Foreign entities 29
1.1.1.2 Extensions 32
1.1.2 Classifying corporations 34
1.1.2.1 Based on relations 34
1.1.2.2 Based on situs: resident / non-resident 35
1.1.2.3 Based on activities: size and character 37
1.1.3 Exploring relations with owners and controllers 38
1.1.3.1 Nature of ownership and control 38
1.1.3.2 Degrees of ownership and control 39
1.1.3.3 Common ownership and control of
corporations 40
1.1.4 Responses to concentrated ownership and control 42
1.1.4.1 Non-intervention: separate entity approach 43
1.1.4.2 Erosion of identity 46
Collapse of separate identity: consolidation 46

v
vi contents

Within a separate entity approach: transfer of

tax attributes 48
Hybrid approaches 49
Problems with minority owners 49
Attribution to all owners 50
Attribution to controllers only 51
1.1.4.3 Reinforcement of identity: independent entity
approach 53
1.1.5 Classifying corporations by their owners and controllers 54
1.1.5.1 Controlled corporations 55
Control by an individual 56
Test of control 56
Attribution of rights 58
Control by a corporation 60
Test of control 61
Attribution of rights 63
Sibling corporations 64
Control by a single person 64
Control by a group of persons 65
1.1.5.2 Closely held corporations 67
Form of threshold 69
Type of participation 70
Attribution of participations 71
Type of participator 75
Level of participation 75
Type of corporation 75
1.1.5.3 Associated corporations 76
1.2 Corporate tax base issues 78
1.2.1 General rules 79
Schedular vs. global 79
Should the corporate tax base follow financial accounts? 86
Relationship with accounting in practice 88
1.2.2 Reinforcement of corporate identity: transfer pricing 93
Arm’s length pricing 93
Relevant relationship 97
Attribution of rights 100
Corresponding adjustments and subvention payments 102
1.2.3 Erosion of identity: corporate groups 103
1.2.3.1 Transaction deferral 104
Deferral mechanism 105
What is a group? 109
1.2.3.2 Loss relief 112
Losses of an independent corporation 113
Use in year in which incurred 113
Carry-back 114
Carry-forward 115
 contents vii

Group loss relief mechanism 118

Pure consolidation 119
Partial consolidation 119
Loss transfer 120
Group contribution 124
What is a group? 125
Minority shareholders 128
1.2.3.3 Other areas 130
1.2.4 Erosion of identity: other related corporations 131
Control by the individual 131
Closely held corporations 133
1.2.5 Interface with personal income tax 136
Interface through events 136
Special rules for individuals: focus on simplified tax
base 138
1.3 Tax treatment 142
1.3.1 Selecting the tax subject 144
Corporate taxation: in search of a philosophy 144
Options for tax subject 148
1.3.2 Taxing the corporation 150
1.3.2.1 Factors in selecting a corporate tax rate 151
Interfacing issues 151
Philosophical issues 153
Same rates as individuals 153
Temporary surrogate 154
Competition 157
1.3.2.2 Options in selecting a corporate tax rate 159
Main rate 160
Progressive rates 161
Differentiation 165
Anti-erosion: alternative minimum tax 166
Anti-deferral: tax on excessive retention 167
1.3.3 Taxing owners and controllers 169
1.3.3.1 Factors and options for allocation 170
Partnership method 170
By reference to value of shares 172
Capital gains with deferral charge 174
1.3.3.2 Partnership method 175
1.3.3.3 Personal services income 176

2 Taxation of corporate income when distributed 181

2.1 Classifying corporate rights 185
2.1.1 Identification of membership rights with corporate
profits 188
2.1.2 Hybrid instruments 191
viii contents

2.1.2.1 Debt instruments 192

2.1.2.2 Preference shares 197
2.1.3 Excessive debt 198
2.1.4 Amalgamation and fragmentation 204
2.1.4.1 Amalgamation 204
2.1.4.2 Fragmentation 207
2.1.4.3 Third-party intermediation 207
2.2 Identifying distributions 208
2.2.1 Fundamental features of dividends 209
2.2.1.1 Allocation 209
2.2.1.2 Quantification 211
2.2.1.3 Timing 211
2.2.1.4 Dual character 212
2.2.2 Intercepting corporate profits: hidden profit
distributions 215
2.2.2.1 Transfers of assets 216
Shareholder level 217
Corporate level 221
2.2.2.2 Assumption or forgiveness of liability 224
2.2.2.3 Loans and use of assets 225
2.2.2.4 Provision of services 228
2.3 Dual nature of corporate income 229
2.3.1 Economic double taxation: the classical system 230
2.3.1.1 The charge 231
Shareholder taxation 231
Corporate distributions tax 233
Withholding and dual taxation 234
2.3.1.2 Expenses in deriving dividends 235
2.3.2 Should corporate income be taxed twice? 239
2.3.2.1 Corporate vs. unincorporated sectors 241
2.3.2.2 Dividends vs. other returns 243
2.3.2.3 Distribution vs. retention 248
2.4 Dividend relief 251
2.4.1 Options and factors in selecting dividend relief 251
2.4.1.1 Types 252
2.4.1.2 Corporation and shareholder tax bases 254
2.4.1.3 Preference income 256
2.4.1.4 Extent of relief 257
2.4.1.5 Dividend streaming 258
What is dividend streaming? 259
Why engage in dividend streaming? 260
Options for dividend streaming 262
2.4.2 Corporate-level dividend relief 262
2.4.2.1 Dividend deduction system 263
Preference income 264
 contents ix

Extent of relief 266

Dividend streaming 267
2.4.2.2 Split-rate system 270
Preference income 270
Extent of relief 271
Dividend streaming 272
2.4.2.3 Corporation tax credit system 273
Preference income 275
Extent of relief 275
Dividend streaming 276
2.4.3 Shareholder-level dividend relief 277
2.4.3.1 Dividend exclusion system 277
Expenses in deriving dividends 281
Preference income 284
Extent of relief 285
Dividend streaming 286
2.4.3.2 Shareholder differentiation system 288
Expenses in deriving dividends 292
Preference income 294
Extent of relief 295
Dividend streaming 297
2.4.3.3 Dividend tax credit system 298
Expenses in deriving dividends 301
Preference income 302
Extent of relief 305
Dividend streaming 308
2.5 Reconciling the corporation and shareholder taxes 311
2.5.1 Recording corporate tax treatment 314
2.5.1.1 Recording share capital 315
2.5.1.2 Recording profits 316
Corporate profits with tax treatment 317
Corporation tax 319
Taxable income 321
2.5.2 Allocation of profits as retained or distributed: ordering
rule 322
2.5.2.1 Returns of capital 322
2.5.2.2 Different types of profits 325

3 Taxation of corporate income: international aspects 327

3.1 Resident corporations 330
3.1.1 Foreign income / resident shareholders: scenario 2 330
3.1.1.1 Foreign tax relief 331
3.1.1.2 Classical system 333
3.1.1.3 Dividend relief at the corporate level 334
3.1.1.4 Dividend relief at the shareholder level 336
x contents

3.1.2 Domestic income / non-resident shareholders:

scenario 3 341
3.1.2.1 Classical system 341
3.1.2.2 Dividend relief at the corporate level 342
3.1.2.3 Dividend exclusion and shareholder
differentiation systems 344
3.1.2.4 Dividend tax credit and imputation systems 347
3.1.3 Foreign income / non-resident shareholders: scenario 4 354
3.2 Non-resident corporations 356
3.2.1 Domestic income / non-resident shareholders:
scenario 5 356
3.2.1.1 Corporate income when derived 357
Corporate tax base 357
Tax treatment 361
3.2.1.2 Corporate income when repatriated or
distributed 362
3.2.2 Foreign income /resident shareholders: scenario 6 367
3.2.2.1 Corporate income when derived: CFC and
PFIF rules 368
3.2.2.2 Identification and taxation of distributions 372
3.2.2.3 Dividend relief: underlying foreign tax relief 375
Corporate-level dividend relief systems 375
Shareholder-level dividend relief systems 375
Switching forms of dividend relief 378
No-dividend relief: classical treatment 379
3.2.3 Domestic income / resident shareholders: scenario 7 380
3.3 Extent of relief: whose corporate tax system? 382

4 Creating share interests 386

4.1 Issue of shares 388
4.1.1 In return for cash 388
4.1.2 In return for non-business assets 391
4.1.2.1 From an individual 392
4.1.2.2 From another corporation 395
4.2 Transfer of a business: incorporation 396

5 Transferring share interests 405

5.1 Shareholder-level consequences 407
5.1.1 Fungibles: identifying shares 408
5.1.2 Factors in determining tax treatment 410
Double taxation of retained profits 410
Stripping effect of dividends 412
Timing: whose tax rate? 414
Unrealised corporate gains: the problem of enveloping 416
5.1.3 Options for tax treatment of gains on disposal of shares 419
 contents xi

5.1.3.1 Consistency between taxation of dividends and

capital gains on shares 420
Dividend exclusion 421
Shareholder differentiation 425
Dividend tax credit 427
5.1.3.2 Integration of taxation of dividends and capital
gains on shares 427
5.1.3.3 Specific relief of capital gains on shares 431
5.1.3.4 Concessional capital gains taxation 432
5.1.3.5 Full taxation 435
5.1.4 International issues 437
Shares held by non-residents 437
Shares held in non-resident corporations 439
5.2 Corporate-level consequences 439
5.2.1 Defining a sufficient change 440
5.2.1.1 Of ownership 443
Threshold issues 443
Test period 446
Small shareholdings 447
Indirect change without direct change 448
Direct change without indirect change 451
5.2.1.2 Of business / activity 453
5.2.2 Limitations on indirect transfer of gains and losses 458
5.2.2.1 Rules for realised losses 459
One rule or multiple rules 459
Knife-edge or graduated approach 460
Year of change 462
Carry-back of losses 463
5.2.2.2 Extending to unrealised gains and losses: the
core issues 463
Two-step tax arbitrage 463
Scoping the potential for tax arbitrage and
counteracting measures 466
Removing the corporate tax attribute 467
Removing the ability to offset the tax attribute 468
5.2.2.3 Change of ownership of loss corporation 469
Limitations on carry-forward of unrealised
losses 470
Consolidation 472
Transfer the loss to a profit 474
Transfer a profit to the loss 477
5.2.2.4 Change of ownership of profit corporation 478
Consolidation 479
Transfer the profit to a loss or vice versa 482
5.2.3 Limitations on carry-forward of other corporate tax
attributes 483
xii contents

5.2.4 Leaving a corporate group 485

5.2.4.1 Deferred transactions 486
5.2.4.2 Carried-forward losses and other tax attributes 488
5.3 Sale of shares versus sale of corporate activity 489
Issues for the seller 490
Competing interests of the purchaser 492

6 Terminating share interests 494

6.1 Partial share termination 495
6.1.1 Returns of capital 497
6.1.2 Cancellation of capital 500
6.2 Share termination only: redemptions and share buy-backs 502
6.2.1 Share redemptions 503
6.2.2 Share buy-backs 506
6.3 Corporate termination: liquidations and related proceedings 508
6.3.1 Corporate consequences 509
Calculation of corporate income 510
Change of control 511
In-kind distributions to shareholders 514
6.3.2 Shareholder consequences 515
6.3.2.1 Insolvent corporations 516
6.3.2.2 Solvent corporations 517
Disposal-only treatment 517
Dividend and disposal treatment 519

7 Varying share interests 522

7.1 Within a corporation 524
7.1.1 Substitution 524
Scope of substitution 524
Triggering the substitution: options and convertible
notes 527
7.1.2 Splitting: focus on bonus shares 528
Bonus shares and the capitalisation of profits 530
Proportionate bonus share issues 532
Disproportionate bonus share issues 535
7.1.3 Consolidation 537
7.2 More than one corporation 537
7.2.1 Merger 538
7.2.1.1 Threshold for relief 539
7.2.1.2 Consequences for the shareholder 543
7.2.1.3 Consequences for the merged corporation 546
7.2.1.4 Consequences for the merging corporation and
survival of tax attributes 550
7.2.2 Division 552
7.2.2.1 Threshold for relief 553
 contents xiii

7.2.2.2 Consequences for the shareholder 557

7.2.2.3 Consequences for the distributing corporation 560
7.2.2.4 Consequences for the distributed corporation
and survival of tax attributes 562

8 Dividend and capital stripping and value shifting 564

8.1 Dividends into capital: just the disposal 566
8.1.1 Disposal of dividends 567
8.1.2 Sales cum-dividend 569
8.2 Capital re-characterised: value shift then disposal 572
8.2.1 Direct value shift 573
8.2.2 Indirect value shift 576
8.2.2.1 By distribution 577
8.2.2.2 By corporate gift 579
8.3 Disposal, value shift, disposal: stock lending, repos and the
full strip 581
8.3.1 Stock lending and share repurchase agreements 581
8.3.2 Full strip 583

References 587
Index 593
 PREFACE

This book is inspired by a postgraduate course (Comparative Corporate

Tax) that I have taught since 1998. That course has been taught annually
at the University of Sydney since that time, but has also been taught at
Georgetown, Auckland, London and Melbourne and shortly will be taught
at Cambridge. Parts of Comparative Corporate Tax have been taught at
Leiden, Gainesville, Florida, Pretoria, Utrecht, Oslo and Vienna. Teach-
ing postgraduates is particularly rewarding, because it provides an oppor-
tunity to test understanding of the particulars of different corporate tax
systems and different theoretical approaches to issues. With no disrespect
to the people who have formally taught me, I have learned more from my
students than I was ever taught in classes or presentations I have attended.
Nevertheless, the risk of inaccuracy in a book like this is high. Many
comparative books deal with this sort of risk by engaging multiple authors
who are experts in particular systems. Although that approach, no doubt,
is the way to ensure accuracy of the law, it is not the best manner in which
to write an internally consistent book that seeks to explain the structural
issues faced by a corporate tax system. So this book intentionally runs
the risk of inaccuracy in favour of a holistic manner of looking at and
analysing corporate tax systems. Corporate tax systems are notoriously
complex, and this book seeks to cut through that complexity and get to
the core of the central issues for a corporate tax system. Structural anal-
ysis is the core feature and purpose of the book, and it is hoped that that
analysis is the book’s strength and unique contribution.
The book is designed for postgraduate students and junior practition-
ers. It is more than an introduction to the subject. It challenges the reader
to think about tax issues conceptually and holistically, while illustrating
the structure with practical examples. More senior tax practitioners and
academics may also find it useful as a means of refreshing their under-
standing of the basics; its conceptual framework may challenge them to
think more deeply about tax issues than they currently do. The law in this

xiv
 preface xv

book is stated as at 30 July 2012, but some projected changes are noted
immediately after the Preface.
Emily has reminded me that I have never dedicated a book to her
(something about being the third child). As she is first in my heart and
the centre of my world, I dedicate this book to her (and not Smash, Nick,
Wife or Mum). Although that is a bit corny, why not? She is the most awe-
some thirteen-year-old daughter a father could ask for and by far the best
looking in the family.

Peter Harris
Cambridge

Postscript
As this book goes to press at the end of November 2012 it is likely that
Germany and especially the US will amend certain features of their cor-
porate tax systems for the start of 2013. Germany is likely to make minor
adjustments to its Organschaft regime of taxing corporate groups. More
seriously, after losing an important case before the Court of Justice of the
EU, Germany is again considering fully taxing portfolio corporate share-
holders (less than 10% holding) on the receipt of dividends and gains on
the disposal of shares.
In the US, the Bush tax cuts mentioned at various points in the text
are again due to expire. This would result in increased taxation of indi-
viduals (both income and capital gains) and especially the return of
the full classical system for individual shareholders. It is not yet clear
whether these cuts will be extended and if so to what extent and in
what form. By the time this book is published in early 2013, I will have
posted an update as to what has happened on my university webpage at
www.law.cam.ac.uk/people/academic/pa-harris/39.
 TA B L E O F C A S E S

Case Name Chapter number

followed by
footnote number
(t = text around
footnote)

Australia
Avondale Motors (Parts) Pty Ltd v. FCT (1971) 2 ATR 312 5: 95
(HC)
FCT v. Myer Emporium Ltd (1987) 163 CLR 199 (HC) 8: 5
FCT v. Peabody (1994) 181 CLR 359 (HC) 8: 22
Lilyvale Hotel Pty Ltd v. FCT [2009] FCAFC 21 (FFC) 5: 96
Rodwell v. FCT (1963) 111 CLR 106 (HC) 8: 53
Spassked Pty Ltd v. FCT [2003] FCAFC 282 (FFC) 2: 313

European Free Trade Association

Case E-7/07 Seabrokers AS v. Staten v/Skattedirektoratet 1: 363
(2008) 10 ITLR 805 (EFTAC)

European Union
Case C-307/97 Compagnie de Saint-Gobain, 3: 96
Zweigniederlassung Deutschland v. Finanzamt
Aachen-Innenstadt [1999] ECR I-6161 (ECJ)
Case C-35/98 Secretaris van Financien v. Verkooijen [2000] 3: 185
ECR I-4071 (ECJ)
Case C-208/00 Überseering BV v. Nordic Construction Co 1: 49
Baumanagement GmbH [2002] ECR I-9919 (ECJ)
Case C-324/00 Lankhorst-Hohorst GmbH v. Finanzamt 1: 246
Steinfurt [2002] ECR 2002 I-11779 (ECJ)
Case C-58/01 Oce Van der Grinten NV v. IRC [2003] ECR 3: 50
I-9809 (ECJ)

xvi
 table of cases xvii

Case Name Chapter number

followed by
footnote number
(t = text around
footnote)

Case C-319/02 Manninen [2004] ECR I-7477 (ECJ) 3: 185

Case C-253/03 CLT-UFA SA v. Finanzamt Köln-West [2006] 3: 95
ECR I-1831 (ECJ)
Case C-446/03 Marks & Spencer v. Halsey [2005] ECR 1: 353
I-10837 (ECJ)
Case C-374/04 Test Claimants in Class IV of the ACT Group 3: 184
Litigation v. IRC [2006] ECR I-11673 (ECJ)
Case C-446/04 Test Claimants in the FII Group Litigation 3: 18
[2006] ECR I-11753 (ECJ)
Case C-524/04 Test Claimants in the Thin Cap Group 1: 246
Litigation [2007] ECR I-2107 (ECJ)
Case C-231/05 Oy AA [2007] ECR I-6373 (ECJ) 1: 363
Case C-311/08 Société de Gestion Industrielle SA (SGI) v. 1: 246
Belgium [2010] ECR 00 (ECJ)

Germany
Imperial Finance Court (Reichsfinanzhof) of 12 February 1: 50
1930, RStBl.1930, 444 (the Venezuela decision)

United Kingdom
AW Walker and Co v. CIR [1920] 3 KB 648 (KB) 2: 11
Barkers of Malton Ltd v. HMRC [2008] STC 884 (SCD) 5: 88
CIR v. Olive Mill Spinners Ltd (1963) 41 TC 77 (ChD) 6: 57
CIR v. The Mashonaland Railway Co, Ltd (1926) 12 TC 1159 2: 11
(KB)
Conservative and Unionist Central Office v. Burrell (1981) 55 1: 25, 26, 27, 38t,
TC 671 (CA) 41t
Curtis v. Old Monkland Conservative Association [1906] AC 1: 28
86 (HL)
De Beers Consolidated Mines v. Howe [1906] AC 455 (HL) 1: 61
Dragonfly Consultancy Ltd v. RCC [2008] EWHC 2113 (Ch) 1: 510
Dreyfus v. CIR (1929) 14 TC 560 (CA) 1: 39
Electronics Ltd v. HMIT [2005] STC 512 (SCD) 1: 337
First Nationwide v. RCC [2012] EWCA Civ 278 (CA) 3: 152
Furniss v. Dawson [1984] AC 474 (HL) 4: 37
xviii table of cases

Case Name Chapter number

followed by
footnote number
(t = text around
footnote)

Gordan v. IRC [1991] STC 174 (Crt of Session) 4: 52

Griffiths v. J P Harrison (Watford) Ltd [1963] AC 1 (HL) 8: 53
Holland v. RCC (2010) [2010] UKSC 51 (SC) 1: 432
IRC v. Blott [1921] 2 AC 171 (HL) 7: 28
IRC v. Burrell [1924] 2 KB 52 (CA) 6: 81
IRC v. John Lewis Properties plc [2002] EWCA Civ. 1869 8: 4
(CA)
IRC v. Pullman Car Co Ltd [1954] 2 All ER 491 (ChD) 2: 11
IRC v. Reid’s Trustees [1949] AC 361 (HL) 2: 91
J. Sainsbury plc v. O’Connor [1991] STC 318 (CA) 1: 128, 130
John Paterson (Motors) Ltd. v. IRC [1978] STC 59 (Crt of 2: 141
Session)
Johnson v. Gore Wood & Co [2002] 2 AC 1 (HL) 4: 2
Jones v. Garnett [2007] UKHL 35 (HL) 1: 269, 506
Kellogg Brown & Root Holdings (UK) Ltd v. RCC [2010] 1: 163, 287
EWCA Civ. 118 (CA)
Lennard’s Carrying Co Ltd v. Asiatic Petroleum Co Ltd [1915] Intro: 28
AC 705 (HL)
Memec plc v. IRC [1998] STC 754 (CA) 1: 40
Muscat v. Cable & Wireless plc [2006] EWCA Civ. 220 (CA) 1: 511
Netlogic Consulting Ltd v. RCC [2005] STC 524 (SCD) 1: 336
Northern Counties Securities Ltd v. Jackson & Steeple Ltd Intro: 28
[1974] 2 All ER 625 (ChD)
Nuclear Electric plc v. Bradley [1996] STC 405 (HL) 1: 338
Paget v. IRC [1938] 2 KB 25 (CA) 8: 4
Potel v. IRC [1971] 2 All ER 504 (ChD) 2: 88
RCC v. Salaried Persons Postal Loans Ltd [2006] STC 1315 1: 466
(Ch)
Ryall v. Du Bois (1933) 18 TC 431 (CA) 1: 39
Sharkey v. Wernher [1956] AC 58 (HL) 1: 233
Steele v. EVC International NV [1996] STC 785 (CA) 1: 69, 110, 111
Usetech Ltd v. Young (HMIT) [2004] STC 1671 (Ch) 1: 510
Willis v. Peeters Picture Frames Ltd [1983] STC 453 (CA) 5: 87
Wood Preservation Ltd v. Prior (Inspector of Taxes) [1969] 1 1: 129
WLR 1077 (CA)
 table of cases xix

Case Name Chapter number

followed by
footnote number
(t = text around
footnote)

United States
Helvering v. Southwest Consolidated Corp (1942) 315 US 194 7: 6
(SC)
John Kelley Co v. Commissioner (1946) 326 US 521 (SC) 2: 26
Lucas v. Earl (1930) 281 US 111 (SC) 1: 505
Morrissey v. Commissioner (1935) 296 US 344 (SC) 1: 31
Tooley v. Donaldson, Lufkin & Jenrette, Inc (2004) 845 A 2d 4: 2
1031 (SC Delaware)
Waterman Steamship Corp v. United States (1970) 430 F.2d 8: 29
1185 (5th Cir)
 TA B L E O F S T AT U T E S

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Argentina
Ley de Impuesto a las Ganancias
(Income Tax Law)
Art. 69bis 2: 165, 271

Australia
Income Tax Assessment Act 1936
s. 6 (definition of ‘dividend’) 2: 14, 114; 6: 12; 8: 9
s. 23AJ 3: 176
s. 26BC 8: 51
s. 43B 8: 10
s. 44 2: 157; 7: 112, 133, 134; 8: 9
s. 45 2: 331
s. 45A 2: 348
s. 45C 2: 331, 349
s. 46FA 3: 43
s. 46FB 3: 43
s. 47 6: 93
Part III, Div. 5A (ss. 94A to 94Y) 1: 58
s. 102C 8: 5
s. 102CA 8: 7
Part III, Div. 6B (ss. 102D to 102L) 1: 58
Part III, Div. 6C (ss. 102M to 102T) 1: 58
Part III, Div. 7A (ss. 109B to 109ZE) 2: 114
s. 109C 2: 153, 154
s. 120 2: 226
s. 128B 3: 40, 42
s. 177E 8: 59
***

xx
 table of statutes xxi

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Income Tax (Dividends, Interest and

Royalties Withholding Tax) Act 1974
s. 7 3: 40
Income Tax Assessment Act 1997
s. 6–1 2: 156
s. 8–1 2: 170, 313
s. 25–85 2: 225
s. 36–55 2: 312
s. 40–300 5: 137
s. 63–10 2: 311
s. 67–25 2: 311
s. 70–90 5: 137
s. 84–5 1: 514
s. 86–15 1: 513, 515
s. 86–30 1: 521
Div. 87 1: 517
s. 102–3 5: 38
s. 102–10 5: 40
s. 104–135 6: 13
s. 104–145 6: 78
s. 110–25 7: 88
s. 112–20 5: 138
s. 115–100 5: 38
s. 116–30 5: 138
s. 124–780 7: 67, 77, 91
s. 124–782 7: 89
s. 124–783 7: 90
s. 124–785 7: 78
s. 124–786 7: 79
s. 125–65 7: 110
s. 125–70 7: 111, 113, 114
s. 125–80 7: 135
s. 125–90 7: 135
s. 125–155 7: 143
Subdiv. 126-B 7: 67
s. 165–10 5: 100
s. 165–12 5: 57, 65, 82
s. 165–13 5: 90
s. 165–15 5: 59
xxii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Subdiv. 165-B 5: 111

s. 165–96 5: 93, 100
Subdiv. 165-CB 5: 111
Subdiv. 165-CC 5: 121
Subdiv. 165-C 5: 122
s. 165–155 5: 75
s. 165–180 5: 58
s. 165–210 5: 91, 94
Div. 166 5: 60
s. 166–225 5: 73
s. 166–240 5: 77
s. 166–245 5: 77
Subdiv. 170-D 5: 139
Subdiv. 175-A 5: 59, 116, 141
Div. 190 6: 42
s. 202–5 2: 321
s. 202–40 6: 94
s. 202–45 2: 331; 6: 94
s. 202–55 2: 309, 322
s. 202–60 2: 323
Div. 203 2: 330
s. 205–10 2: 341
s. 205–15 2: 342; 3: 24
s. 205–30 2: 343
s. 205–45 2: 324, 326, 344
s. 205–70 2: 325, 345, 346
s. 207–20 2: 310
s. 207–70 3: 41
s. 207–125 2: 328
s. 207–130 2: 328
s. 207–145 2: 329; 8: 60
s. 216–5 8: 21
s. 216–10 8: 52
Div. 220 3: 182
Div. 328 1: 409
s. 701–1 1: 82
Div. 705 5: 147
Subdiv. 707-C 5: 130
s. 707–410 5: 166
 table of statutes xxiii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Subdiv. 709-A 5: 157

Div. 711 5: 162
Div. 725 8: 24
s. 725–65 8: 28
Div. 727 8: 34
s. 727–250 8: 35
s. 770–75 5: 156
s. 802–15 3: 61
s. 802–30 3: 60
s. 960–100
‘entity’ 1: 11
‘company’ 1: 16
Div. 974 2: 37
s. 974–15 2: 70
s. 974–20 2: 40
s. 974–35 2: 40
s. 974–70 2: 39, 69
s. 974–75 2: 38
s. 995–1 (definition of ‘indirectly’) 5: 76
Corporations Act 2001
s. 411 7: 57

Brazil
Constitution
Art. 145 1: 421

Canada
Income Tax Act
s. 74.1 1: 505

European Union
Proposal for a Council Directive on a
Common Consolidated Corporate
Tax Base (CCCTB), COM(2011)
121/3 (‘CCCTB Proposal’)
Art. 1 1: 1, 9, 53
Art. 2 1: 19t
Art. 3 1: 54
xxiv table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Art. 4 1: 9, 34, 134, 454; 2: 12, 161, 335; 3:

146; 4: 9; 5: 10; 6: 7, 28, 30, 51, 91
Art. 6 1: 67, 307; 3: 76; 5: 45
Art. 9 Intro: 42; 1: 194
Art. 10 1: 190; 2: 160
Art. 11 2: 126, 255; 3: 8, 158; 5: 8; 6: 92
Art. 12 2: 171
Art. 14 1: 404; 2: 172, 224, 267; 3: 8, 159; 5: 9
Art. 14a 2: 66
Art. 15 2: 135, 143t, 154t; 3: 147
Art. 17 1: 407
Art. 18 1: 407; 2: 83
Art. 19 1: 407
Art. 23 1: 225
Art. 40 6: 80
Art. 41 6: 80
Art. 43 1: 319, 334; 5: 46
Art. 54 1: 104, 122, 138, 307, 316
Art. 55 1: 104, 145, 307; 3: 85
Art. 56 6: 63, 91
Art. 57 1: 87, 304
Art. 59 1: 88, 307t, 306
Art. 61 5: 133, 149
Art. 64 1: 305; 5: 132, 148
Art. 65 5: 165
Art. 67 6: 64
Art. 68 6: 64
Art. 69 5: 164; 6: 65
Art. 72 2: 264
Art. 73 3: 9, 178
Art. 75 5: 161; 6: 66
Art. 78 1: 177, 265, 277; 2: 136
Art. 79 1: 243t, 264
Art. 80 1: 307t; 2: 23
Art. 81 2: 24, 65
Art. 82 3: 9, 133
Art. 83 3: 134
Art. 83a 3: 159
Art. 84 1: 90
 table of statutes xxv

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Art. 86 1: 454; 5: 131

Annex I 1: 19t
Second Company Law Directive,
Council Directive 77/91/EEC of 13
December 1976
Art. 8 4: 4
Mergers Directive, Council Directive 7: 1
90/434/EEC of 23 July 1990
(consolidated as 2009/133/EC)
Parent-Subsidiary Directive, Council 2: 13; 3: 62, 179
Directive 90/435/EEC of 23 July
1990
European Company Statute, Council 1: 22
Regulation (EC) No 2157/2001
Application of International 1: 186, 223
Accounting Standards, Council
Regulation (EC) No. 1606/2002

Finland
Laki konserniavustuksesta verotuksessa 1: 363
(Group Contributions Law)

Germany
Abgabenordnung (‘AO’) (Tax Code)
s. 39 8: 18
s. 42 8: 25, 62
Aktiengesetz (‘AktG’) (Companies
Law)
s. 1 Intro: 22
s. 5 1: 64
s. 8 4: 5
s. 53a 7: 47
s. 57 2: 4; 7: 33
s. 67 2: 8
s. 71 6: 29
s. 93 1: 75
s. 117 4: 2
s. 122 1: 72
s. 124 1: 72
xxvi table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 139 2: 41
s. 140 2: 41
s. 150 4: 3
s. 179 1: 91
s. 207 4: 3
s. 216 7: 47
s. 222 6: 3
s. 225 6: 3
s. 291 1: 347t
s. 293 1: 348
s. 297 6: 62
s. 304 1: 380
s. 305 1: 380
Außensteuergesetz (Foreign Tax Law)
s. 1 1: 243, 244, 266, 276
s. 7 3: 114, 115, 138, 140
s. 8 3: 116, 117
Einkommensteuergesetz (‘EStG’)
(Income Tax Law)
s. 1 1: 1, 7, 22, 182
s. 2 1: 182, 226; 2: 81, 158, 288
s. 3 2: 262; 3: 157; 5: 20, 22
s. 3c 2: 265, 270; 5: 23
s. 4 1: 227, 238, 404, 410; 2: 179; 4: 11
s. 4a 1: 192
s. 4h 2: 56; 5: 154
s. 5 1: 227t; 2: 20
s. 6 4: 15; 6: 79
s. 6b (former) 7: 3
s. 9 2: 179
s. 10d 1: 318, 326, 333; 5: 103, 112
s. 13 1: 182
s. 14 1: 182
s. 15 1: 182, 392
s. 16 1: 182; 5: 21, 35; 6: 90
s. 17 1: 182; 5: 21; 6: 90; 8: 38
s. 18 1: 182
s. 19 1: 182
 table of statutes xxvii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 20 1: 182; 2: 15, 21, 94, 102, 127, 159, 189,

292; 3: 144, 145; 5: 3, 26, 27; 6: 6, 17,
24, 26, 89; 7: 31, 45, 46; 8: 13, 14, 17,
44
s. 21 1: 182
s. 22 1: 182; 4: 14
s. 23 1: 182
s. 32a 1: 452
s. 32d 2: 281, 282, 283; 3: 163; 5: 26
s. 34 5: 35
s. 34c 3: 156
s. 35 1: 453
s. 43 2: 169, 280; 3: 30
s. 43a 3: 30
s. 44a 3: 31
s. 49 3: 64; 5: 44
s. 50 3: 34
s. 50c (former) 8: 61
Gesetz über steuerrechtliche
Maßnahmen bei Erhöhung des
Nennkapitals aus
Gesellschaftsmitteln (Law on Fiscal
Measures to Increase Nominal
Capital from Corporate Funds)
s. 1 7: 32
s. 3 7: 40
Gewerbesteuergesetz (Trade Tax Law) 1: 451
s. 10a 5: 154
Grundgesetz (Basic Law)
Art. 3 1: 421
Handelsgesetzbuch (Commercial
Code)
s. 238 1: 410
s. 241a 1: 410
s. 252 1: 220
s. 264 1: 184
s. 290 1: 186, 187
s. 297 1: 188
xxviii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Investmentsteuergesetz (Investment 3: 139

Tax Law)
Körperschaftsteuergesetz (‘KStG’)
(Corporate Income Tax Law)
s. 1 1: 1, 18, 22, 23, 30, 63
s. 2 3: 63
s. 3 1: 33t
s. 8 1: 8, 178, 191; 2: 103, 128, 177, 224;
3: 65, 144; 4: 10, 22; 5: 110; 6: 80
s. 8a 2: 57; 5: 154
s. 8b 2: 178, 253, 266; 3: 157; 5: 7; 8: 38
s. 8c 5: 61, 63, 68, 71, 72, 80, 99, 102, 123,
154
s. 11 6: 49, 50
s. 14 1: 89, 103, 105, 115, 150, 347, 364, 393;
2: 254; 3: 80
s. 15 2: 58
s. 16 1: 381
s. 17 3: 80
s. 23 1: 450
s. 26 3: 7, 156
s. 27 2: 337, 352
s. 28 6: 16, 17, 23, 25
s. 31 1: 8
s. 32 3: 34, 66
s. 37 2: 241
Korperschaftsteuerricht-linien (KStR)
(Corporate Income Tax
Guidelines)
Para. 36 2: 105
Umwandlungsgesetz (Reorganisation
Law)
s. 20 7: 56
s. 123 7: 116
s. 128 7: 118
s. 174 7: 116
 table of statutes xxix

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Umwandlungssteuergesetz
(‘UmwStG’) (Reorganisation Tax
Law)
s. 1 7: 116
s. 4 7: 96
s. 11 7: 69, 95, 144
s. 12 7: 85, 96, 147
s. 13 7: 83, 137
s. 15 7: 115, 117, 120, 136, 148
s. 20 4: 27, 28, 29, 52t
s. 21 7: 68, 80, 81
s. 22 4: 30; 7: 82
Wertpapiererwerbs- und
Übernahmegesetz (Securities
Acquisition and Takeover Law)
s. 39 1: 92

Ghana
Internal Revenue Act 2000
s. 2 7: 27

India
Income Tax Act, 1961
s. 115JB 1: 474
s. 115O 2: 166
Finance Act, 2012
First Schedule 3: 99

Ireland
Finance Act 1999
ss. 27, 28 & 71 2: 200

Mexico
Ley del Impuesto sobre la Renta
(Income Tax Law)
Art. 1 3: 20
Art. 6 2: 20
Art. 11 2: 165, 271
Art. 24 5: 30
xxx table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Art. 88 2: 347; 3: 20
Art. 109 5: 33
Art. 151 5: 30
Art. 193 3: 107
Ley del Impuesto Empresarial a Tasa 1: 474
Única (Business Flat-Rate Tax Law)

Nepal
Income Tax Act 2001
s. 53 7: 27
s. 57 5: 117

The Netherlands
Wet op de inkomstenbelasting
(Income Tax Law)
s. 2.13 1: 495
s. 5.2 1: 494
s. 5.5 1: 495
Wet op de vennootschapsbelasting
1969 (Corporate Income Tax Act)
15 1: 82

New Zealand
Income Tax Act 2007
s. LP2 2: 243; 3: 46
s. OA8 5: 158
s. OB41 3: 158
s. RF8 2: 45
s. YA1 (definition of ‘supplementary 3: 47
dividend’)

Norway
Lov om skatt av formue og inntekt
(Income and Capital Tax Law)
s. 10–2 to 10–4 1: 363
s. 10–12 1: 495; 2: 273
s. 10–31 5: 32
 table of statutes xxxi

Statute Name Chapter number followed by footnote

number (t = text around footnote)

South Africa
Income Tax Act, 1962
s. 64B 2: 166
Taxation Laws Amendment Act, 2011
Appendix I 3: 99

Sweden
Inkomstskattelagen (Income Tax Law)
Chap. 35 s. 1 1: 362t
Chap. 35 s. 3 1: 362
Chap. 35 s. 4 1: 362

Tanzania
Income Tax Act 2004
s. 2 (definition of ‘distribution’) 7: 27
s. 56 5: 117

United Kingdom
Joint Stock Companies Act 1844 1: 218
Companies Act 1862
s. 42 1: 218
Partnership Act 1890
s. 1 1: 36t, 41, 42
Finance (No. 2) Act 1915
Fourth Schedule, paragraph 6 1: 81
Finance Act 1953
s. 20 1: 84
Taxes Management Act 1970
s. 118 (definition of ‘body of persons’) 1: 15
Interpretation Act 1978
Schedule 1 (definition of ‘person’) Intro: 39; 1: 13, 38t, 196
Income and Corporation Taxes Act
1988
s. 839 1: 97
Taxation of Chargeable Gains Act
1992 (‘TCGA 1992’)
s. 2 5: 40
s. 3 4: 33; 5: 37
s. 4 5: 36
xxxii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 8 1: 325, 342; 5: 40
s. 10 5: 42
s. 10B 5: 42
s. 13 3: 129
s. 15 4: 12
s. 16 5: 17
s. 16A 5: 19, 136
s. 17 1: 256, 289; 2: 132; 4: 16, 35; 6: 72;
7: 39, 87
s. 18 1: 256, 289; 4: 16, 35; 5: 134; 6: 72
s. 22 6: 37, 40, 47
s. 24 6: 77
s. 29 8: 23
s. 30 8: 33, 41
s. 31 8: 32, 41
s. 37 1: 216; 6: 39, 48
s. 38 7: 87
s. 39 1: 216
s. 41 4: 40
s. 42 6: 9, 85
s. 53 5: 39, 167
s. 104 5: 4
s. 105 5: 6
s. 106A 5: 6
s. 122 6: 9t, 10, 11, 38, 40, 47, 85t; 7: 128
s. 123 7: 44
s. 126 7: 11, 37
s. 127 7: 10
s. 128 7: 12, 39
s. 130 7: 38, 130
s. 132 7: 13, 24
s. 135 7: 70, 75
s. 136 7: 76, 131, 132
s. 137 7: 71
s. 138 7: 70
s. 139 7: 72, 86, 142, 146
s. 142 7: 54
s. 144 7: 23
 table of statutes xxxiii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 152 1: 386t
s. 162 4: 33t, 34, 35t, 36, 38t, 44t, 46t, 52t
s. 162A 4: 33t
s. 165 1: 388; 4: 38t, 44t, 46t
ss. 169H to 169S 5: 34
s. 170 1: 140, 314, 315, 375; 6: 59
s. 171 1: 309, 314t, 315, 360t, 375t, 379, 388t;
3: 84
s. 171A 1: 360t; 5: 135
s. 173 1: 309
s. 175 1: 386t
s. 176 8: 31, 39, 40
s. 177 8: 30
s. 179 5: 159; 6: 69; 7: 97
s. 181 7: 97
s. 184A 5: 89, 101, 109, 125, 136
s. 184B 5: 152
s. 184C 5: 54, 56
s. 189 2: 272
s. 192 7: 127, 129
s. 192A 5: 11
s. 263A 8: 49
s. 286 1: 97, 273, 283, 286
s. 288 1: 108, 274, 315; 6: 60
Sch. 7A, para. 7 5: 140
Sch. 7AC
para. 7 5: 12
para. 8 5: 13
para. 9 5: 14
para. 16 6: 70
para. 18 5: 15
para. 20 5: 16
Limited Liability Partnerships Act
2000
s. 1 1: 38t, 43t
Capital Allowances Act 2001 (‘CAA
2001’)
s. 51A 1: 414
xxxiv table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 51C 1: 384
s. 51D 1: 385
s. 51E 1: 385
s. 51F 1: 386
s. 55 4: 38
s. 61 1: 255; 4: 41
s. 62 1: 255; 4: 41
s. 212B 5: 126
ss. 212C to 212I 5: 127
s. 212P 5: 127
s. 212Q 5: 128
s. 217 1: 255
s. 218 1: 255
s. 247 4: 38
s. 266 1: 387; 4: 42t
s. 267 1: 387; 4: 42, 43
s. 274 1: 274
s. 562 5: 167
s. 574 1: 108
s. 575 1: 97, 273, 282, 285
s. 575A 1: 274
Finance Act 2003
s. 195 6: 45, 46
Income Tax (Earnings and Pensions)
Act 2003 (‘ITEPA 2003’)
s. 49 1: 509
s. 50 1: 518
s. 51 1: 519
s. 54 1: 520
s. 60 1: 519
s. 61B 2: 96
s. 61D 2: 97
s. 61E 2: 98
s. 61F 2: 98
s. 61H 2: 99
Income Tax (Trading and Other
Income) Act 2005 (‘ITTOIA 2005’)
s. 2 2: 93
s. 4 2: 93
 table of statutes xxxv

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 6 3: 75
s. 8 1: 1
s. 25 1: 411
s. 34 1: 238; 2: 180
s. 45 1: 404
s. 173 1: 258, 391
s. 177 1: 258; 4: 31
s. 178 1: 390; 4: 32
s. 179 1: 258, 390
s. 264 3: 75
s. 271 1: 1
s. 366 2: 93
s. 367 2: 93
s. 368 3: 75
s. 383 2: 162t; 3: 149, 150; 6: 22
s. 384 2: 89, 90
s. 385 2: 77; 8: 11, 15
s. 397 2: 305, 307, 308, 314t; 3: 44
s. 397A 3: 168
s. 397AA 3: 168
s. 398 2: 306
s. 402 2: 92, 162t; 3: 151; 6: 22
s. 411 7: 52
s. 414 7: 53
s. 415 2: 151
s. 421 2: 151
s. 577 3: 75
ss. 619 to 648 1: 505
s. 689 1: 1
s. 847 1: 36
s. 863 1: 38t
Companies Act 2006
s. 6 Intro: 20t
s. 9 1: 91
s. 10 4: 5
s. 39 Intro: 20
s. 43 Intro: 21
s. 112 2: 6
s. 113 2: 7
xxxvi table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

ss. 172 to 177 1: 75

s. 175 2: 101
s. 303 1: 72
s. 338 1: 72
s. 393 1: 232t
s. 396 1: 184, 232t
s. 399 1: 186
s. 541 2: 5
s. 610 4: 3
s. 641 6: 2
s. 690 6: 29
s. 829 2: 2
s. 830 2: 3
ss. 895 to 941 7: 57
s. 979 1: 92
ss. 1000 to 1011 6: 83
s. 1162 1: 187
Finance Act 2007
Sch. 13 paras 6 and 11 8: 47
Income Tax Act 2007 (‘ITA 2007’)
s. 3 1: 180
s. 6 2: 284, 286
s. 8 2: 286
s. 10 1: 462; 3: 74
s. 11 3: 74
s. 13 2: 289
s. 16 2: 290
s. 25 2: 314, 315
s. 83 4: 44
s. 86 4: 45
s. 383 2: 181, 298
s. 392 2: 181, 298
s. 393 2: 181, 298
ss. 573 to 577 8: 20
ss. 592 to 605 8: 48
ss. 682 to 713 8: 57
ss. 809AZA to 809AZG 8: 6
 table of statutes xxxvii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 809AZB 8: 7
s. 811 3: 38
s. 825 3: 38
s. 989 (definition of ‘body of persons’) 1: 15
(definition of ‘paid’) 2: 90
s. 992 (definition of ‘company’) 1: 20t
s. 993 1: 97
s. 995 1: 108
s. 997 1: 10
Corporation Tax Act 2009 (‘CTA
2009’)
s. 1 1: 199t
s. 2 1: 195, 199, 455
s. 3 1: 1; 3: 73
s. 5 3: 72
s. 6 1: 38
s. 8 1: 197
s. 9 1: 198
s. 14 1: 63t
s. 15 1: 63t
s. 18 1: 68
s. 18A 3: 16
ss. 18G to 18ID 3: 132
s. 35 1: 231t
s. 46 1: 231t, 233t, 235t
s. 47 1: 323
s. 53 1: 231t, 233t
s. 54 1: 238; 2: 134, 180
s. 62 1: 324, 340
s. 93 1: 231t, 233
s. 157 1: 233
s. 162 1: 258, 310, 391
s. 166 1: 258
s. 167 1: 310, 389; 4: 46
s. 168 1: 258, 310
s. 201 1: 200
s. 205 1: 341
s. 210 1: 234
xxxviii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 211 1: 201
s. 297 1: 204; 2: 182
s. 299 2: 183
s. 308 1: 235
s. 309 1: 235
s. 321A 2: 143
s. 322 7: 15
s. 415 2: 73; 7: 25
ss. 444 to 446 1: 257
s. 457 2: 184
s. 463 2: 184
s. 464 1: 203
s. 465 1: 205
s. 466 1: 274
s. 472 1: 274
s. 473 1: 112, 274
s. 521B 2: 43
s. 521C 2: 44
s. 521E 2: 44
s. 545 8: 46
s. 550 8: 45
s. 551 8: 46
s. 573 1: 206, 339
s. 574 1: 207
s. 585 2: 74
s. 597 1: 236
s. 599 1: 236
s. 693 1: 257
s. 716 1: 236
s. 717 1: 236
s. 747 1: 208
s. 752 1: 209
s. 775 1: 309
s. 776 1: 309
s. 803 1: 212
s. 835 1: 274
s. 836 1: 274
s. 837 1: 112, 274
 table of statutes xxxix

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 845 1: 257
s. 846 1: 257
s. 881 1: 212
s. 906 1: 212
s. 909 1: 210
s. 913 1: 211
s. 931A 2: 78, 90, 162; 3: 148, 150
ss. 931B to 931Q 3: 160
s. 931B 2: 247; 3: 161
s. 931D 2: 248; 3: 161
s. 931E 2: 249
s. 931F 2: 250
s. 931G 2: 251
s. 931H 2: 252
s. 931R 3: 162
s. 931RA 6: 48t
s. 931S 2: 246
s. 931U 2: 250
s. 931W 1: 213
s. 938 4: 47
s. 941 4: 48
s. 942 4: 49
s. 944 4: 51
s. 948 4: 50
s. 977 1: 215
s. 979 1: 215
s. 982 1: 214
s. 1219 2: 185
s. 1257 1: 36
s. 1273 1: 38t, 124
s. 1298 1: 404
s. 1305 2: 224
Corporation Tax Act 2010 (‘CTA
2010’)
s. 18 1: 460t, 469; 3: 90
s. 24 1: 461, 464
s. 25 1: 465
ss. 26 to 30 1: 465
xl table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 27 1: 468t
s. 34 1: 173, 470; 6: 52
s. 37 1: 322, 329, 358; 6: 53
s. 39 1: 330; 6: 53
s. 45 1: 335, 358
s. 46 1: 338t, 411
ss. 68 to 90 5: 18
s. 99 1: 349, 360
s. 105 1: 350
s. 106 1: 351
s. 107 1: 352; 3: 82
s. 109 1: 354
ss. 111 to 128 1: 353
s. 130 1: 355, 394
s. 132 1: 397t
s. 133 1: 399, 401
s. 134 3: 83
s. 137 1: 356
s. 139 1: 357
s. 140 1: 357
s. 142 1: 357
s. 143 1: 397, 398
s. 144 1: 397
s. 145 1: 400, 402
s. 151 1: 366, 368, 369, 371
s. 152 1: 140, 365
s. 153 1: 153t, 162, 171, 394t, 396
s. 154 1: 370; 6: 68
s. 158 1: 372t
s. 160 1: 372
s. 162 1: 373
s. 165 1: 374t
s. 166 1: 374t
ss. 170 to 172 1: 374
ss. 173 to 174 1: 374
s. 183 1: 378
s. 185 1: 395
s. 188 1: 170
ss. 382 to 408 5: 151
 table of statutes xli

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 439 1: 152t, 163t, 167

s. 442 1: 172; 3: 153
s. 444 1: 165
s. 446 1: 166
s. 448 1: 162t, 163t, 279t, 467t, 519
s. 449 1: 120, 465t
s. 450 1: 108t, 109, 110, 112, 113, 119t, 123,
148, 152t, 163t, 274t, 281, 287t, 466t,
467t; 6: 60
s. 451 1: 108t, 119, 154, 162t, 164t, 274t, 466t;
6: 60
s. 454 1: 153, 155
s. 455 2: 148t; 3: 154
s. 456 2: 149
s. 458 2: 148, 152
s. 459 2: 150
s. 617 1: 55
s. 618 1: 56
ss. 672 to 730 5: 101
s. 673 5: 84, 85
s. 674 5: 109, 113
ss. 692 to 703 5: 155
s. 719 5: 52, 70
s. 720 5: 67
s. 721 5: 53; 6: 56
s. 723 5: 78
s. 724 5: 79
s. 726 6: 58
ss. 731 to 751 8: 57
ss. 752 to 757 8: 6
s. 753 8: 7
ss. 782 to 789 8: 20
ss. 805 to 812 8: 50
s. 944 5: 88t
s. 1000 2: 10, 31, 32, 63, 86, 91, 115, 117, 139,
154t; 6: 8, 36; 7: 29, 30
s. 1002 2: 115, 117
s. 1015 2: 33, 34, 35, 67
xlii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 1016 2: 35
s. 1017 2: 33, 35, 68
s. 1020 2: 117, 118, 154t
s. 1021 2: 117
s. 1022 6: 20
s. 1026 6: 18, 19
s. 1027A 6: 21
s. 1029 2: 142
s. 1030 6: 82
s. 1030A 6: 84
s. 1032 2: 36
s. 1033 6: 41
s. 1049 7: 50, 51
s. 1064 2: 121, 122, 138, 154t; 3: 154
s. 1067 2: 124
s. 1069 2: 125
s. 1072 2: 79
s. 1075 7: 126
s. 1076 7: 104, 125
s. 1077 7: 106
s. 1081 7: 108
s. 1082 7: 105
s. 1083 7: 107, 125
s. 1091 7: 109
s. 1099 (definition of ‘trade’) 7: 108
s. 1112 2: 80
s. 1117 2: 30, 116
s. 1119 1: 125, 156t, 196
s. 1121 (definition of ‘company’) 1: 20t
s. 1122 1: 97, 107, 116, 117, 118, 139, 148t, 149,
274, 279t
s. 1123 1: 108
s. 1124 1: 108t, 110, 272t, 274,
s. 1127 1: 10, 231
s. 1154 1: 120t, 124t, 127, 314t, 366t; 6: 67
ss. 1155 to 1157 1: 135
s. 1168 2: 87, 90
s. 1176 1: 98, 110
 table of statutes xliii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

Taxation (International and Other

Provisions) Act 2010 (‘TIOPA
2010’)
s. 6 3: 49
s. 9 3: 14, 169
s. 13 3: 169
s. 14 3: 173
s. 58 3: 174
s. 59 3: 175
s. 73 3: 15
ss. 146 to 230 1: 247
s. 147 1: 248
s. 148 1: 267, 280, 284
s. 153 2: 61
s. 155 1: 290
s. 156 1: 253
s. 157 1: 268
s. 159 1: 278
s. 160 1: 112, 279
s. 161 1: 281
s. 163 1: 279t
s. 164 1: 249
s. 166 1: 250
s. 167 1: 250
s. 168 1: 250
s. 172 1: 250
s. 173 1: 250
s. 174 1: 291
s. 188 1: 291
ss. 191 to 194 2: 64
s. 196 1: 292
s. 213 1: 254
s. 214 1: 254
s. 217 1: 272
ss. 260–353 2: 62
s. 340 1: 10
s. 371AA 3: 118
s. 371BA 3: 118
xliv table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 371BB 3: 120
s. 371BC 3: 131
s. 371BD 3: 131
s. 371CA 3: 121
s. 371CB 3: 122
s. 371CC 3: 122
s. 371CE 3: 123
s. 371CF 3: 124
s. 371CG 3: 125
Part 9A, Chapter 4 3: 121
Part 9A, Chapter 5 3: 122
Part 9A, Chapter 6 3: 123
Part 9A, Chapter 7 3: 124
Part 9A, Chapter 8 3: 125
Part 9A, Chapter 9 3: 122
Part 9A, Chapter 11 3: 126
Part 9A, Chapter 12 3: 126
Part 9A, Chapter 13 3: 127
Part 9A, Chapter 14 3: 128
Part 9A, Chapter 15 3: 130
Part 9A, Chapter 16 3: 130
Part 9A, Chapter 17 3: 130
Part 9A, Chapter 18 1: 112; 3: 119
Finance Act 2012
s. 1 1: 457; 2: 285
s. 5 1: 456
s. 7 1: 460

United States
American Bar Association’s Model
Business Corporation Act (‘MBCA’)
s. 1.40 2: 4, 5
s. 2.02 4: 6
s. 3.02 Intro: 26
s. 6.31 6: 29
s. 6.40 2: 4; 6: 4
s. 8.30 1: 75
s. 11.02 7: 56
s. 11.07 7: 56
 table of statutes xlv

Statute Name Chapter number followed by footnote

number (t = text around footnote)

General Corporation Law of Delaware

(‘DGCL’)
s. 102 4: 6
s. 122 Intro: 27
s. 154 2: 333; 6: 4
s. 160 6: 29
s. 170 6: 4
s. 219 2: 9
s. 220 2: 9
s. 251 7: 56
Internal Revenue Code (‘IRC’)
s. 1 1: 446, 459; 2: 287, 291, 295, 303;
3: 164, 165; 5: 24
s. 11 1: 446, 458, 464t, 471
s. 26 3: 17
s. 53 1: 479
s. 55 1: 475, 476, 478
ss. 56 to 58 1: 477
s. 61 1: 183; 2: 156t; 3: 143
s. 63 1: 183
s. 108 7: 14
s. 118 4: 7
s. 144 1: 100
s. 161 1: 183
s. 162 1: 238; 2: 133, 173
s. 163 2: 47, 48, 49, 50, 51, 52, 53, 54, 174,
175, 176, 296
s. 165 1: 320t; 6: 54, 76
s. 172 1: 327, 331
s. 179 1: 382, 383, 408
s. 243 2: 256, 257, 260
s. 245 3: 180
s. 246 2: 268, 276
s. 246A 2: 269
s. 267 1: 105t, 114, 121, 142, 301, 302; 2: 49t;
5: 74t
s. 268 1: 99
s. 269 1: 473; 5: 115; 8: 56t
xlvi table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 274 1: 404
s. 301 2: 85, 108t, 113, 334; 6: 14, 15; 7: 42
s. 302 6: 31, 32, 34, 35
s. 305 7: 34, 35, 36, 43, 48; 8: 26t
s. 307 7: 41
s. 312 2: 17; 6: 27
s. 316 2: 16, 25t, 107, 350; 6: 14; 8: 8
s. 317 2: 108; 3: 141t
s. 318 5: 74; 6: 35
s. 331 6: 86
s. 334 6: 75
s. 336 6: 73
s. 337 6: 74
s. 338 5: 117, 142
s. 351 4: 17, 18, 23, 26t, 52t
s. 354 4: 26; 7: 4, 65, 73
s. 355 7: 98, 100, 101, 102, 121, 139
s. 356 7: 8, 122
s. 358 4: 20; 7: 9, 74, 123
s. 361 4: 23t; 7: 92, 93, 141
s. 362 4: 21; 7: 85, 87t, 145
s. 368 4: 19, 23; 7: 5, 58, 59, 60, 61, 62, 64, 65,
99, 103
s. 381 4: 25; 7: 94, 149
s. 382 5: 48, 49, 51, 66, 74, 81, 97, 100, 104,
105, 106, 107, 108, 109, 114, 118,
119, 120, 138t, 141t, 144t, 153t; 6:
55; 7: 94t
s. 383 5: 100, 153
s. 384 5: 146, 150
s. 385 2: 25t, 27, 75t
s. 446 1: 405
s. 448 1: 406, 472
s. 469 2: 186, 187
s. 482 1: 240, 242t, 259, 261t, 273, 275t; 2: 130
s. 531 1: 483t
s. 532 1: 483
s. 533 1: 484
s. 535 1: 485
 table of statutes xlvii

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 541 1: 491
s. 542 1: 152, 168, 174, 175
s. 543 1: 176
s. 544 1: 156, 159, 164
s. 561 1: 486
s. 563 1: 486
s. 861 3: 32, 70, 97
s. 871 3: 37, 71; 5: 43
s. 872 3: 35
s. 881 3: 32, 68
s. 882 3: 35, 67, 87; 5: 43
s. 884 3: 102, 103, 105
s. 901 3: 10, 17, 167
s. 902 3: 171
s. 904 3: 11, 12
s. 951 3: 110, 112
s. 952 3: 111, 142
s. 957 3: 112
s. 958 3: 113
s. 964 3: 142
s. 1032 4: 8; 6: 44; 7: 19
s. 1059 8: 55
s. 1091 5: 5
s. 1211 1: 189, 320; 5: 25, 40
s. 1212 1: 328, 332
s. 1221 1: 321
s. 1273 7: 21
s. 1291 3: 135
ss. 1293 to 1295 3: 137
s. 1297 3: 136
s. 1361 1: 151, 157, 158, 160, 161, 168, 169;
3: 92
s. 1362 1: 498
s. 1363 1: 499, 503t
s. 1366 1: 500, 504
s. 1367 1: 502, 503
s. 1377 1: 501
s. 1441 3: 35, 37, 71
s. 1442 3: 32, 69
xlviii table of statutes

Statute Name Chapter number followed by footnote

number (t = text around footnote)

s. 1501 1: 86, 295t, 311t

s. 1504 1: 312, 313; 3: 79
s. 1561 1: 464t, 488
s. 1563 1: 101, 121t, 131, 132, 133, 136, 137,
141, 142, 143, 144, 146, 147, 383t,
464t
s. 7701 1: 4, 5, 6, 21, 62, 193
s. 7704 1: 57
s. 7872 2: 146
Title 26 Code of Federal Regulations
1.61–9 8: 16, 19
1.267 1: 303
1.301–1 2: 84, 111
1.312–1 to 1.312–15 2: 18
1.312–6 2: 18
1.316–1 3: 141
1.316–2 2: 351
1.355–2 7: 100
1.358–2 7: 124
1.382–2 5: 50
1. 383–1 5: 100
1.482–1 1: 241, 242, 260, 261, 262, 275; 2: 131
1.532–1 3: 89
1.537–2 1: 490
1.882–1 3: 88
1.1012–1 5: 2
1.1502 1: 295
1.1502–1 5: 145
1.1502–4 3: 13
1.1502–11 1: 344
1.1502–12 1: 345
1.1502–13 1: 298, 299, 300, 343; 2: 258; 5: 160
1.1502–21 5: 143, 144, 163
1.1502–22 1: 346; 5: 144, 163
1.1502–32 2: 259
1.1502–33 5: 31
1.1502–75 1: 296, 311
1.1502–79 5: 163
Random documents with unrelated
content Scribd suggests to you:
conversation to other things; but when I got up to go, he said,
"What did you mean to give me for that death's head?" I said, "Why,
hardly anything—perhaps a couple of florins; you must forget that I
said such a thing." "Oh no," he said, "I could not afford to lose so
much money as that." So the end of it was that I gave him five
florins, and brought away the skeleton, and we were both delighted,
and I mean to leave it when I die to the person whose life is most
important to the country.
Now, Richard was absent without leave from F.O., but of course he
never left without the Consulate being in the charge of the Vice-
Consul, and all money affairs settled. We were dreadfully frightened
of meeting any one we knew. Think of our horror when we saw
coming into the restaurant the Chaplain of the Embassy at Vienna—
our Chief's Chaplain! Fortunately, the Rev. G. L. Johnston was one of
the most charming and gentlemanly men I ever saw. Richard bolted
up to bed; but I thought it would be wiser to take the bull by the
horns, so I went up to him, and confided our difficulty to him. He
burst out laughing, and said, "My dear child, I am just doing exactly
the same thing myself." I ran upstairs and fetched Richard down
again.
We then went on to Tarvis and St. Michele, and from thence to
Salzburg; it was a seventeen hours' journey with many changes of
train. Salzburg is a beautiful place, and its Hôtel Europa one of the
dearest and best I ever was in. We had come up to a Scientific
Congress, and passed our time with Count Würmbrandt the
Governor of Istria, Count Bombelles, in attendance on Prince Rudolf,
Prince Windisgrätz, Professor Müllner, Abbate Glübich, the African
travellers Holúb and Nachtigall, all scientific men. We had an
expedition to the salt mines, and went to the bottom of the mines,
and the museum, which is lovely and of great interest. Then we
went to Lend, where we took a four-horse carriage, and had a
magnificent three-hours' drive up the Salz Kammergut, reaching
Gastein at five o'clock, one of the most beautiful places in Austria,
and were enchanted with the scenery, the air, and the waterfall.
Richard and I used to sit out and read and look at the view all day.
Then we took train to Steinach-Irding, to visit Mr. Zech, the
proprietor of Shepherd's Hotel, Cairo. He was a good and jolly old
man, with a nice gentlemanly son, a Parisian wife, and some married
daughters. Other members of the family also arrived, and presently
came a little officer who had lost his way. We were heartily
welcomed; it was a Liberty Hall, comfortable, hospitable, and you
were expected to ask for everything you wanted. We then started
for Ischl. The whole Court was here; it was a very pretty place,
situated between two rivers, with beautiful air and a very
fashionable promenade, and we were very gay. There were
illuminations and fireworks for Prince Rudolf's birthday, and a very
amusing little German theatre.
We part Here, at Ischl, Richard and I parted company. I was
company—I ordered to go to Maríenbad; Richard returned to
am sent to
Maríenbad.
Steinach-Irding, to Steyr, and back to Steinach, and from
there to Vienna.
I had an eighteen-hours' journey, changing trains three times,
baggage twice visited. I first had to get from Jehl to Wels, there to
change for Passau, thence to Regensburg, where we again changed
train; then began bad driving and bad manners, and I turned round
to somebody and said, "My dear Austrians are not quite so nice or
civil up here, as they are in other parts," and my fellow-traveller
said, "Oh, don't you know, you are just crossing a corner of Prussia
for a couple of hours;" after which we picked up the niceness of
Austria once more. From Regensburg to Eger, and from thence to
Maríenbad, completed the journey. Hôtel Klinger is very comfortable,
and Dr. Basch, to whom I was recommended, was out with the
Emperor Maximilian in Mexico. You hardly see any English at
Maríenbad, but Austrians, Hungarians, Bohemians of course, and
many Jews, chiefly Polish.
The cure is an unlimited quantity of Kreuzbrunner water at six
o'clock a.m., with an hour's walk, an exquisite band—just as good as
Godfrey's, if not better—playing the while. The Maríenbad band is, I
think, the best I have ever heard; the conductor is a very big
"swell," and has lots of decorations. Later you have fifteen minutes'
bath of Marien Quelle, which is wonderfully electric, and then you
have a Moor-fuss-bad, which means mud up to the knees. To a
novice this sort of thing is very amusing; to see the procession to
the springs, almost like a religious procession, each with a glass in
their hand. I think all this is a great mistake for some people, and
only produces congestion—I think that Maríenbad exhales
congestion out of the very ground. I found a good German professor
to read with, and I established a little branch for prevention of
cruelty to animals, which was very much needed, especially by the
dogs which draw the carts.
I here made acquaintance with Madame Olga di Novikoff, who
certainly kept me from feeling dull, for she was capital company—
most amusing, and was to me a new and interesting study of the
sort of life that one reads so much of, but in England rarely meets.
On the 7th of September I was so ill that I did not know
The Scientific
Congress at how to get to Vienna, but I had myself put into a coupé
Venice.
to myself, with room to lie down, and I never stirred off
it during the eleven hours and forty minutes viâ Pilsen and Budweis
to Vienna, when at the station Richard awaited me with the
information that he had got a dinner-party to meet me, and so I had
to dress and receive. We had after this one delightful dinner and
evening with Baron Pino and his wife at Hietzing, and next day we
went down to Trieste. We just changed baggage and went to Venice
for the great Geographical Congress, which was opened on the 15th.
The illuminations at Venice were something to remember all one's
life, every bit of tracery of the buildings, and especially that of St.
Marco, being picked out with little lamps, and the artistic part of it
was to throw the electric light only on the Basilica. I never in my life
saw, and never shall again see, anything to equal it. Lady Layard
gave a party to all the English and Americans, and the chief of the
Venetian Society. Captain Vernon Lovett-Cameron, R.N., V.C., was
staying with us, and we collected around us all the pleasantest
people there at our breakfasts and dinners. The regatta was also a
never-to-be-forgotten sight. The King and Queen were there. All the
gondolas represented some country; there were the old Venetian
gondoliers, there were Esquimaux, there were troubadours—you
could not imagine a country or character that was not represented;
and every gondola that assumed no character was dressed in gala
array, and their men in gondolier uniform and sash. Ours was
covered with pale blue velvet. Another day was the opening of the
gardens of St. Giobbe by the Royalties. Here, amongst other friends,
we met Mr. Labouchere, General de Horsey, who was a very dear
friend of Richard's, General Fielding, and many others. There was a
night serenade on the water with every boat illuminated, which was
also a grand sight.
Captain Cameron was wild with spirits, and we had many amusing
episodes and one especial sort of picnic day at the Lido, where, just
as Lord Aberdare and some of the primmest people of the Congress
were coming, Richard and he insisted on taking off their shoes and
stockings and digging mud-pies, like two naughty little boys, and
they kept calling out to me, "Look, nurse, we have made such a
beautiful pie," and "Please tell Dick not to touch my spade." I could
not speak to the people for laughing, especially as some of them
looked so grave. However, Richard was exceedingly angry, as he had
a good right to be. Here was a Geographical Congress just outside
the City of which he was Consul, and, as if it had been done on
purpose to let him down before foreigners, he was not only not
asked to be the representative from Austria, but not even asked to
meet his fellow-geographers, not even asked to take any part in it,
not even asked to speak at it; so he held himself entirely aloof from
them, as far as Congress was concerned, and he left his card in the
Congress-room with the following squib, as spoken by the British
representatives from London to Venice:—
"We're Saville Row's selected few,
Let all the rest be damned;
The pit is good enough for you,
We won't have boxes crammed."
Would they have ventured so to treat Stanley or Livingstone or any
other Traveller? No! they would not. Every nation had put forth its
best men, but it must be acknowledged—whether it is jealousy or
what, I cannot imagine—ours get crushed and ignored on every
possible occasion, and the men of intellectual straw shoot up to
make fools of themselves and their country. The following letter was
sent afterwards to Richard by our old friend, H. W. Bates:—

"1, Saville Row, Burlington Gardens, W., October 1st, 1881.

"Dear Burton,
"I read your very amusing and clever account of the Venice
Congress in the Academy before receiving your letter of the
26th. There cannot be any doubt that your estimate of the
meeting is correct, and that it was a vain show without any
serious import for science. But then the question arises, 'Who
expected it to be otherwise?' We in London did not. A proof of
which, take the fact that the R.G.S. did not send anything for
exhibition. Lord Aberdare to a certain extent represented us
there, but there was no intention, as far as I know, of British
geographical science being represented there for serious
purposes, because nobody here believed anything serious would
be done at the Congress. Notwithstanding all this, I cannot
understand how it came to pass, that you and Cameron were
not asked to take the active part that was your due in the
meetings and discussions. Nobody of course wanted
geographical information, but for the European éclat of the
thing you ought to have been put forward.
"Yours sincerely,
"H.W. Bates.
"P.S.—You will not see a word about Venice in our October
number. We shall perhaps give a page about it in November, if I
can get authentic report of what little work was done. Can you
supply it, i.e. a dry, serious compte-rendu, professionally?
 "Mrs. Burton's communication has not yet arrived. Give my kind
regards to her."

On the 24th we all broke up and went back to Trieste. Captain

Cameron then came to us at Trieste, and Colonel Gould, and Abbate
Glübich.
On the 18th of November Richard, who had all this while been
arranging the journey with Captain Cameron, had been employed by
a private speculator to go out to the West Coast of Africa, especially
to the Guinea Coast, and to report on certain mines there, which
Richard had discovered in 1861-64 (when he was Consul for that
coast, and was wandering about, discovering and publishing his
discoveries), if he could conscientiously give a good one. He was to
have all his expenses paid, a large sum for his report, and shares in
the mines; so on the 18th of November we embarked at two o'clock
in the day.
We left the quay at four, hung on to a buoy outside the breakwater
till midnight, and then left by the Demerara steamship (Cunard),
Captain Jones, from Trieste to Venice. At six a.m. we anchored in a
rolling sea, with a heavy fog a couple of miles outside the Lido, but
at twelve it lifted sufficiently to let us see the entrance to
Malamocco, and we got in. It was so raw, damp, and thick, and cold
to the bones, that everybody was ill, and we took rooms at the
Britannia so long as the ship should stay. We then had a splendid
passage to Fiume, where we had a very pleasant time with old
friends for nearly a week. On the 25th we had just finished writing
up the biography, when they came to tell me that the ship had to
sail that day, which caused me a good deal of sorrow, as I was to be
left at Fiume; my expenses were not paid, and we personally had
not enough money for two, so Richard was to go on to the Guinea
Coast alone. I watched the ship till it was out of sight, and felt very
lonely. I had supper with Consul Faber, and we looked over his
splendid book of "Fishes," which was going home to the "Fisheries."
The next day we had an expedition to Tersate with Count and
Countess Hoyos, and the following day I went back to Trieste.
Meantime Richard went on to Petras and Zante, Messina, Sardinia,
Gibraltar, Lisbon, and Madeira. Then arrived at Trieste Lady Mary
Primrose, now Lady Mary Hope (Everard Primrose's sister).

1882.

Life and Our usual parties took place, the children's, the
Incidents of servants', the English party, and the Foreign party; that
Trieste.
was a regular Christmas thing.
About this time, at the end of January, arrived Mdlle. Sara Bernhardt,
who gave us three or four performances. I had the pleasure of
calling on her, and found her very charming, and she wrote
something for me. Her performance enchanted every one; but the
theatre, the only one disengaged, was quite unworthy of her.
This year I fretted dreadfully at Richard's absence, and not being
allowed to join him, and made myself quite ill. I worked at my usual
occupations for the poor, and preventing cruelty to animals, studying
and writing, and carrying out all the numerous directions contained
in his letters.
On the 25th we got the intelligence of poor Captain Selby's (of
H.M.S, Falcon) death, who was murdered by Albanian shepherds.
Two hours after his skull had been broken by the axe of the
assailants, he was able to climb on board the ship, and died on the
22nd of February, 1882. He was a brave and good man, and could ill
be spared.
On the 1st of March I had a telegram from the present Lord
Houghton to tell me that his father lay dangerously ill at Athens. He
arrived himself at Trieste on the 4th, and I saw him off the same day
to Athens.
I got a sort of feverish cold in April, and was confined to my bed,
and I was very much surprised at getting a summons to the
Tribunal. My doctor (Professor Liebman) arrived, and I said, "I
wonder what I am wanted at the Tribunal for; I have not done
anything wrong that I know of?" and he said, "I shall certainly write
and say that you cannot come." Later in the day my door opened,
and in marched a solemn procession of gentlemen in black, with
pens and ink and papers. I was rather taken aback, and asked them
"what they wanted." They then produced a letter in Italian, which
purported to be, though it was very incorrect, a translation of a
letter I had written to Mr. Arthur Evans in Herzegovina. They asked
me what I knew about Mr. Evans. I said, "I know nothing but good
of him; but why do you ask?" "Because," they said, "he is in prison
for conspiring against the Austrian Empire." "Oh," I said, "what has
he done?" They said, "You must know something about it, because
you have written to warn him. What do you know?" I said, "I only
know that I heard some of the officers here saying that he was
meddling in what did not concern him, and that, if they could catch
him off civilized ground, they would hang him up to the first tree,
and as I know his wife and her family, and they are my own
compatriots, I thought I would write and say to him, 'What are you
doing? Whatever it is, leave it off, as you are incurring ill will in
Austria by it.'" I meant to be very kind, but I ought not to have done
it, as it not only vexed Mrs. Evans, whom I liked very much, but
unluckily, as the post was slow between Trieste and Herzegovina, it
did not reach until after he had been put into political confinement,
and consequently the authorities had opened it, read it, and had it
translated, and had summoned me to give an account of myself.
However, on my assuring them that I knew nothing but what I had
heard from themselves, they were quite satisfied, and took their
departure.
It was now discovered by Professor Liebman that I had the germs of
an internal complaint of which I am suffering at present, possibly
resulting from my fall downstairs in Paris in 1879. I had noticed all
this year that I had been getting weaker and weaker in the fencing-
school, and sometimes used to turn faint, and Reich (my fencing-
master) used to say, "Why, what is the matter with you? Your arms
are getting so limp in using the broadsword." I did not know, but I
could not keep up for long at a time. I think I went no more after
that.
Nigh six months had passed, and it was now time for me to go and
meet Richard at Liverpool, so I left the 18th of April, spending a few
happy days in Vienna, thence to Paris and Boulogne, where I found
a howling tempest. Two houses had been destroyed, a steamer was
signalling distress, and the Hôtel Impérial Pavilion had to open its
back door to let me in, the gale being too strong in front. I had
brought a Trieste girl with me as maid, whose class or race did not
admit of the wearing of hat or bonnet. They wanted to turn me out
of the church at Boulogne, because the girl was bareheaded, and I
had to explain that nothing would induce her to wear one for fear of
losing caste. I got off in a very bad sea two days later, and to
London on the 3rd of May.
On the 15th I went up to Liverpool. Richard and Captain Cameron
arrived in the African mail Loanda on the 20th, and there was a
great dinner that night, given by the Liverpudlians to welcome them
back. It was a great success, and they were all very merry. On the
22nd we came up to London, but no sooner did we arrive there,
than Richard was taken quite ill and had to go to bed. He was to
have lectured at the Society of Arts, but he could not, which was an
awful disappointment to them and to us; but he soon got well under
home care, and he lectured on the 31st at the Anthropological.
Gold in West He notices in his journal the death of the poet and artist,
Africa. Gabriel Rossetti, on the 10th of April, and Darwin's death
on the 19th. We were immediately occupied in bringing
out "To the Gold Coast for Gold" (2 vols,), where he gives an account
of the different places to which he and Captain Cameron went, the
chief place being Axim, on the Guinea coast. There were two
obstacles which were deemed fatal to success. One was Ashantee
obstruction, and the other was the expense of transporting
machinery and working still labour in a wild country, a lack of hands,
and the climate; but they were only bugbears. "He knew nothing to
equal it as to wealth, either in California or in Brazil. Gold dust was
panned by native women from the sands of the seashore, gold
spangles glittered after showers in the streets of Axim; their
washings weighed from half an ounce to four ounces per ton. The
gold is there, and it is our fault if it stays there. We have in our
hands the best of workmen—the tireless machine, the steam navvy,
and the quartz stamp; and those called 'Long Tom' and 'Broad Tom'
would do more work in a day than a whole gang of negroes."
He says that in the last century the Gold Coast exported to Europe
three and a half millions of sterling gold, but the abolition of slavery
and manumissions brought it down to £126,000 value. A few years
ago England's annual supply was £25,000,000, and was then (1882)
£18,000,000. England wants gold, and he says that the Gold Coast
can supply it to any amount that England may want. There was a
threatened action a while ago about the way the moneys were
supplied for the carrying out of these mines, called the Guinea Coast
Trial. My husband was not employed to take charge, or to work
there, and nearly all who were sent out (with one or two notable
exceptions) thought more of feathering their own nests, even for a
couple of years, than of the public good; hence the thing failed, but
will live again.
Mining. My husband was passionately fond of mining for the
sake of developing the resources of any country in which
he travelled and made discoveries. I was always sorry when he got
on the mine track, because he always ended in one way. Shady
people, partially or wholly dishonest, would praise up his knowledge
to the skies. They would sometimes go so far as to send him to the
spot, to draw up a report of such or such a mine; with written (legal)
agreements contracting to pay him perhaps £2000 or more for his
report, his expenses paid, and shares in the mine. As soon as they
got his report, they would ask him to come home, and send some
one else to run the mine down. Nevertheless they made their own
money out of it. I always trembled, but I always helped him all I
could whenever any of these grand money plans were on hand,
because it interested him; and I keep and leave to my heirs all the
correspondence and agreements concerning them, as well as other
matters of business.
He did his work in his simple, gentlemanly, scientific way, fully
knowing the worth of the mine, but nothing about business. Then,
as soon as they had got all his secrets and information from him,
they would send their own agent, who in one case pretended that
he could not find the spot, purposely avoiding to take the guide
Richard had commissioned for the purpose. But the chief speculator
did find them, and sell them too, although Richard never got a
penny for his trouble. He never knew how to get himself paid
without going to law, which they knew was undesirable for a Consul,
and, so far from getting anything, very often he was largely out of
pocket. He was very much out of pocket about the Guinea Coast
Mines, and, had the trial threatened by Mr. Johns come off, I should
have asked to have been subpœnaed, as my husband was dead, and
I should have produced all the papers and his depositions written
before his death, and asked to be refunded his losses. In the
Khedivial Mines of Midian he dropped much money in expenses,
which Ismail Khedive was to have paid him back, but never did.
However, this last only resulted from the accident of abdication, and
not with intent to hurt him. The others were men that he ought
never to have pitted himself against; that is, pitted the
straightforward, unsuspecting ignorance of a gentleman against men
who have been bred for generations to know how much percentage
they can get out of the fraction of a farthing.
I purposely omit names, as I do not care to hurt anybody unless
necessary. These very mines, which I believe Mr. Johns and his
Board have been depreciating so much, have been bought by a man
who knew the gold mine well, and because of its wealth has
acquired it from the natives. He says (1893), "Ever since it was
ruined by the weakness of the directors in London, and the utter
incapacity or worse of the managers on the Guinea Coast, the
natives themselves have been mining it and getting lots of gold out
of it, and the writer has just bought it up again." The thing became
a failure entirely through incapacity and dishonesty abroad, as will
be proved by the success of the mine in proper hands. I had at one
time several lumps of quartz with bits of gold sticking out of it, which
Richard picked up himself on the property.
About eight weeks before Richard died, he dictated a paper to me,
and left papers in my hands which thoroughly prove that he had lost
instead of receiving, and that what he did receive was demanded
back again; and though not obliged, he did pay it, even his own
expenses going out and coming home to make the reports for their
benefit, for which he was promised such good payment.[2]
African He said West Africa has been called the "White Man's
Mines. Grave." Bombay and Zanzibar both have had the same
reputation, and to sleep ashore was considered certain
death; but English officials now live ashore in both, and though no
European is fever-proof in Africa, Englishmen who take precautions
are pretty healthy. As for labour, if the natives won't undertake it
they can get any amount of Indian coolies and Chinese. Richard
said, "What Africa wants is an honest man at the head, and
machinery;" and almost the last thing that he ever said to me upon
business matters was, "Whatever interests I may have in the West
Coast of Africa, or in Midian, I mean to stick to, and if you survive
me, do you stick to them."
 From the Press.

"West African Mines.

"When Sir Richard Burton was invited to go to the Gold Coast in

search of the precious metal to which that region owes its
name, he is reported to have said, 'Geography is good, but gold
is better.' The result of his expedition, in which Commander
Cameron took part, was to establish the fact that the Gold Coast
still deserves its name, and many attempts have been made of
late years to exploit the district. The Governor of the colony has
recently sent a very careful report on the gold-mining industry
to Lord Knutsford, based to a great extent upon personal
observations. The conclusions he arrives at are that the country
is rich in gold, and that earnest and well-considered attempts
are being made to work the mines, the chief difficulty being the
want of labourers, who would have to be imported, probably
from China.
"Every two or three years Captain Burton appears like a meteor
in London, and in that City of four millions he invariably
succeeds in creating a stir. However hurried his visitations, his
presence is keenly felt. He wakes up the learned Societies,
startles the Geographers, is the hero of banquets, and drops a
new book in his wake. As we all know, his early exploits have
become a part of the history of our times, and in our annals of
discovery or daring there is nothing to beat his work in Africa—
tracking the secret sources of Old Nile, or his famous pilgrimage
to Mecca. As time goes on, the grass does not grow beneath his
feet. A man cannot set the Thames on fire every day, but he
has lived to do many wonders. Cast away as he is to the east of
Venice, and chained to his post at Trieste—doomed by perverse
fate to an isolation that must be almost as irksome as the rock
of St. Helena to Napoleon[3]—when he ought to be in some
splendid position worthy of his powers, Captain Burton makes
the most of leisure and leave of absence. If we do not hear of
him and there is no sign, we may be sure he is not losing time.
Either he is deep in some hard literary enterprise, such as his
recent translation of the epic of Portugal, 'The Lusiads,' or he is
off on some fresh quest interesting to science or to the
multitude. He has just now returned from his old haunts, West
Africa, and he comes this time in his familiar character of Gold-
finder."

"Mining on the Gold Coast.

"To the Editor of the Mining World and Engineering Record.

"Sir,—Some months have passed since my last communication. I

have had little to say, and was unwilling to intrude upon your
valuable space. Now, however, the state of things has changed,
and I am compelled once more to apply to you for hospitality.
"It is a pleasure to see the Gold Coast taking its proper place in
your columns. The Mining World of November 10th contains
three separate notices, highly encouraging to those who, like
myself, thoroughly believe in the vast mineral wealth of our ill-
fated colony, in the facility of 'getting' the metal, and in the
manageability of the climate, which is certainly not worse than
was that of Bombay at the beginning of the present century. I
remark with satisfaction that the 'debauched, incapable' class,
at first sent out, faute de mieux, has been gradually improved
off, and that able men are taking its place. Lastly, I am
delighted to observe that at least one of the new-comers has
proposed to adopt the style of work especially adapted for the
Gold Coast, and has determined to preface the good old 'shaft
and tunnel' system by pouching the superficial deposits.
"A case in point. One of my correspondents kindly forwarded to
me a copy of Mr. Lowman's last report to the directors of the
African Gold Coast Syndicate, Limited. This manager, sent out to
develop the huge and rich 'Ingotro Concession,' reached Axim
only on August 16th. On reaching his destination he was at once
informed by Chief Appo that the bottom of the Nánwá Valley, an
old lagoon, abounds in gold, 'if we could but only get water out.'
After puddling and washing, 'with extra good results,' sundry
samples of the clay, he cut on the east bank of the rivulet a
drain 350 feet long by 3 feet wide and 2½ feet deep, with a fall
of 1 in 80. I may remind you that the stream in question, as
shown by Captain Cameron's map, 'snakes' all down its valley,
and that ditches from one loop to another would lay bare a
great length of bed. Its width varies from 15 to 30 feet; the
depth from 18 inches to 6 feet, and it runs all the year round.
Mr. Lowman began another drain 400 feet long, to cross-cut the
lagoon, which now infects the lower bed of the Nánwá, and
which would easily empty into the Ancobra. He proposed to
hydraulic with 350 feet of troughs or sluice-boxes, which were
all ready for laying, and one Molyneux box (loose hopper, patent
riffles, and slide tables), 'the first ever made or used on the
Gold Coast.' A sketch of the 'flats' and of the machinery was
attached to the report, and I can say nothing except in their
praise.
"The lagoon clay to be puddled and 'Molyneux'd' is described as
a still, yellow argile, resting upon a hard bottom of quartz
pebbles. The cuttings opened up drifts of black sand, considered
to be 'highly auriferous' (see the 'Gold Book'), and these were
reserved for washing at convenience. The results of panning
and cradling on the Nánwá flats, and on the whole line as far as
Kitza, yielded samples varying from 4 dwts. to 10 ozs. per cubic
yard of stuff. What would California and Australia say to those
figures? Mr. Lowman adds, and I believe him, 'There is no
property between Axim and Tacquah so well adapted for
hydraulicking and alluvial mining in all its branches as the
Ingotro Concession. There is plenty of water and a good fall for
tailings by simply cutting channels from river bend to bend, and
letting them run into one of the deep valleys or carrying them
direct to the Ancobra river. Another great advantage is that the
Ingotro mines can be worked at one-half the expense of any
quartz mine on the coast. Water here will do the work of steam
with half the number of hands. The whole of the Nánwá Valley
is auriferous, good payable ground, which would take sixty to
seventy years to work out, without touching the quartz.' Now
we come to what will greatly benefit the climate, the only weak
point noted at Ingotro by Cameron and myself. 'An absolute
necessary piece of work will be to clear the river banks and to
remove the trees which have fallen across the bed. We must
also do away with (N.B.—I hope after panning) the large silted-
up banks of sand and gravel which have accumulated in the
river bends, causing the stream to overflow and to swamp the
low lands, after each little freshet. Some of the banks, four to
five feet high and fifteen across, are perfect natural dams. The
work should not occupy more than three or four months.'
"The first thing which struck me on the Gold Coast was a
conviction that its 'nullah beds' will supply the greatest quantity
of metal for the least possible expenditure. The late M. Bounat,
a Frenchman, who taught Englishmen the value of their colony
on the Guinea Gulf, began (as I related in the 'Gold Book,' ii.
360) with the intention of dredging the Ancobra river for dust
and nuggets. And he was right. Every little rivulet bed in the
land must be ransacked before the hills are washed down by
hydraulicking; and the sooner the 'steam navvy' appears upon
the scene the better.
"Mr. Lowman evidently took good counsel, and, not being a
consulting engineer, was not above taking a lesson from 'Chief
Appo.' You may imagine my vexation on hearing that he had
been recalled for 'want of funds.' Want of funds! Why, three
months' work and a few hundred pounds would have enabled
him to wash gold enough for paying all the labour he requires.
Surely the directors of 'Ingotro' must see this as clearly as I do.
It is a sorry time to draw back when standing upon the very
verge of a grand discovery. I would state, in your pages, my
certainty that such is the case; and if the Nánwá project fail, I
would subside into a 'mere traveller,' as a booby acquaintance
kindly described me.
"Excuse the length of this letter—the importance of the subject
amply justifies it.
"I am, etc.,
"Richard Burton.
"Trieste, Austria, November 26th."

"To the Editor of the Mining World and Engineering

Record.

"Sir,—You should have heard from me before had not petite

santé stood in the way of good intentions. Life in a little
Mediterranean harbour-town makes one almost look forward to
leaving the world in view of some extensive explorations beyond
the world.
"My letters from the Gold Coast are cheering. Captain Cameron
and Mr. Walsten are doing prime work. The former is being
supplied with funds, an essential point which I cannot urge too
strongly upon the two companies for whom he is now labouring.
The 'present and future' of the Gold Coast mainly depends upon
his success.
"Many thanks to Mr. Louis F. Gowan for his 'pile of experience'
about Chinese coolies. This is what we want—familiarity with
the subject, not more dogmatism. And the question is whether
Chinamen in Africa would be the 'pig-tailed cut-throats'
described by Mr. Gowan. I did not find them so in Bombay, San
Francisco, and Peru.
"On the other hand, I am in nowise edified by the dogmatism
displayed at the annual meeting of the Guinea Gold Coast
Mining Company. A chairman is hardly expected to be an expert,
but he must not address his shareholders as if he were a high
authority. I read: 'Now, gentlemen, hydraulic sluicing are very
easy words to pronounce, but it is a deuced hard operation to
perform.' After some exceedingly useless statements about
hydraulicking in Australia, he continues: 'The directors took the
best advice they could, namely, that of your consulting engineer,
and he was opposed to it. He said, "It is quite true that if your
country is impregnated with gold, and if you have got great
results everywhere by assay, it is advisable, but you have not
got any here (!), and therefore it would be very unwise
expenditure."' The chairman concludes, 'We were bound then to
take the opinion of an expert against the opinion of Captain
Burton on that point, because otherwise you would have real
reason for blaming us.'
"This is really too bad for the unfortunate shareholders, who
have only £15,000 left wherewith to carry on the work. Their
property is cut by two streamlets, and these have never even
been tested for gold. I have still to learn what experience of
mining is possessed by the consulting engineer; but that he has
a complete ignorance of Africa, I well know. Every writer on the
Gold Coast from Bosman to Swanzy tells him that the land is
impregnated with gold. He says it is not. As regards his
management, it is enough to wreck any company. He
recommended a person who reported in his cups that he could
find no gold. I am waiting to see how his second protégé turns
out; present reports are the reverse of favourable, and if
number two fail like number one, I shall offer you a suggestion
of my own concerning management on the Gold Coast.
"Against these miserable theories let us see what is the
language of actual experience. To begin with Mr. Edward Smith's
report on the Kitzia Concession:—'When going up the creek
from the native village, I saw fourteen native women washing
alluvial soil in the bed of the creek; and, on inquiring as to the
result of their washing, Mr. Grant, the interpreter, told me they
were making six shillings each per day. The stuff they were
washing was from the surface of the side of the hill hard by. The
creek could be turned, and a water-race brought alongside of
the hill, so as to command the surface and to ground-sluice this
portion of the property with good paying results.' Such is the
hydraulicking recommended by me; but, apparently, where
native women succeed, consulting engineers expect only failure.
I must say with Abernethy, 'Read my book!' And that is not all.
Captain Cameron writes to me from Axim, 'I shall get very good
washing by the engine (i.e. without expensive leats or water-
races), and think about ten or twelve shillings to the ton. I have
over thirty feet fall for the sluices, which will give me three
hundred and sixty feet (if necessary) of boxes.' I reported to
you what my friend declared in a former letter, that he could
wash down a whole hillside.
"In conclusion, I hope that the shareholders, after comparing
the statements of fact and theory, will insist upon their
engineers abandoning the old humdrum, beaten track; and will
compel them, whether they like it or not, to send home gold
washed from the surface.
"I am, etc.,
"R. F. Burton.
"Trieste, Austria, April 20th, 1883."

From Mining Journal, February 5th, 1887.

"West African Gold Mines.

"To the Editor of the Mining Journal.

"Sir,—I have been surprised that these West African properties

have not been brought to the front during the present
excitement in gold-mining affairs, for that the gold is there is
beyond all question. I do not forget that several of the
companies which started a few years ago came to grief, but the
cause of this was well known to be mismanagement and
misfortune—forces which would ruin the best scheme in the
world. But that these are going to prevent success in West
Africa for ever I fail to believe. Let us look for a moment at what
has really been going on quietly during the past twelve months
there, and I think we shall see cause for much hopefulness in
the near future. The Wassau Mining Company's monthly report
is now before me. The crushing for twenty-two days in
November gave 232 ozs., which netted the sum of £894 19s. in
London, after deducting freight and expenses. This is at the rate
of £1220 per month of thirty days. Their monthly expenses, I
believe, are now somewhere about £500. This shows a profit at
the rate of over £8000 a year, or 8 per cent. on the capital, and
much more than this is a mere question of machinery. The
manager reports on December 1: 'If anything, the mine looks
better than ever.' The French Company have reorganized their
affairs, and a large and able staff left England on January 1st.
Their property, at a depth of 40 feet, gives an average yield of
17½ dwts. per ton in a south-west direction, and in a north-east
direction it gives 21 dwts. At 63 feet it gives 2 ozs. 15 dwts.,
and in Bonnat's shaft, at 83 feet, it yields 5 ozs. 13 dwts. per
ton. With figures like these one may fairly ask, Where are the
East Indian mines? Where, even, are the Queensland
properties? The Swanzy Estates Company, a private enterprise,
carefully and economically managed, have been working for
upwards of two years, on a property which, though not so rich
as the others, is none the less likely to pay handsomely, as the
quantity of mineral in sight is enormous, and it can be worked
at a mere nominal cost, in consequence of its position. They are
receiving regular returns, and the owners are more than
satisfied. Cinnamon Bippo, another private property, equally well
and economically worked, has at least one lode a mile in length,
the average assay from which, over its entire distance, gives
 2¼ ozs. to the ton, and by actual crushing of about 300 tons it
has yielded 1 oz. 8 dwts. per ton, at an estimated profit of
seventy shillings per ton. With improved machinery and
appliances, the owners are satisfied that they will get about 2
ozs. per ton, and the quantity of ore is absolutely unlimited. I
now turn to your issue of Saturday last, and draw attention to
the report on Essaman. Mr. Harvey says, respecting the Prestea
reef, 'I have discovered that this is only a portion of an
auriferous belt over 200 ft. thick. The cross-cut has been driven
through the belt to cut the reef, so there is proof undeniable of
what I state, and, moreover, the whole is permeated with
auriferous veins of quartz. Who knows but that some day or
other this hill may be opened and worked as a quarry? Believe
me, we know little of the wealth of Africa.' Mr. Harvey reports
the main reef to be 10 feet thick at the point where driving will
be commenced, and the average samples taken right through
confirm his previous estimate of about 2 ozs. per ton. Mr.
Harvey is right; we know little of the wealth of Africa, but it will
not be much longer concealed.
"Pseudonym.
"January 31st, 1887."

I quote this prematurely, because it finishes the subject:

"An Explanation.

"Mr. W. J. Johns has called our attention to a very important

letter respecting the Guinea Coast Company, Limited, which has
been received from Sir Richard F. Burton. This letter would have
been read by Mr. Johns to the shareholders of that company
who assembled at last week's meeting, but no opportunity
presented itself for him to do so. Many misstatements were
made at that gathering respecting Mr. Johns and other
gentlemen connected with the company, which in a really
deliberative assembly, anxious only for the facts, might have
been set aside. The letter of Sir Richard Burton (an old
correspondent of the Mining World) tells its own tale. It is as
follows:—

"'Hôtel Windsor, Cannes, January 25th, 1887.

"'I am greatly scandalized at seeing the papers crammed
with the falsest statements about the property of the
Guinea Coast Company.
"'Two great points require emphatic contradiction. The first
is, that the place is a swamp; the second, that it contains
no gold.
"'As regards both these statements I have only to bring in
as evidence my own book, "To the Gold Coast for Gold,"
and I am ready to maintain every word therein printed.
"'The place, so far from being a swamp, struck me as
peculiarly healthy, and the condition of the natives proved
that such was the case.
"'As regards the gold, I noted in my book that Captain
Cameron and I were unable to descend into the native
shafts on account of their being full of water. But the
number and extent of these diggings told their own tale,
and I need hardly repeat that auriferous quartz reefs are
only nibbed by the country people.
"'It would be impossible for me to be in England as early as
the 24th of next month, but I have written to my friend and
fellow-traveller, Commander Cameron, whose opinion of the
mines and mine were identical, to print in some leading
papers our distinct and emphatic denial of the two
falsehoods above noticed, which have been unblushingly
foisted upon the public.
"'(Signed) Richard F. Burton.'"
[1] Richard wrote "The Castellieri; or, Prehistoric Ruins of the Istrian Peninsula,"
and "More Castellieri—the Seaboard of Istria."
[2] This was deemed chivalrous and foolish by his own lawyer.—I. B.
[3] A good simile. The British Government seemed quite as afraid of one as of the
other—friend or foe, she must cage her eagles.—I. B.

CHAPTER IX.
ANOTHER SHORT LEAVE TO LONDON.

1882.

London and I notice the pleasantest and most remarkable little

back. events of this visit to London.
We made a pilgrimage to Hughenden to visit the grave of Lord
Beaconsfield, and to put a wreath. We went to the Lyceum on the
10th of June, to see Romeo and Juliet, and had the pleasure of
making Miss Ellen Terry's acquaintance; also to several great parties,
and had a charming lunch at Putney with Swinburne and Mr. Watts.
We had a very pleasant dinner at Lord and Lady Bath's. On Sunday
afternoons we generally went to Sir Frederick Leighton's, or the
Dowager Lady Howard of Glossop's, or Lady Holland's. We went
down to visit Captain Cameron and his family at Sevenoaks.
On the 20th Miss Florence Monckton-Milnes was married to Major
Henniker, of the Guards, and the wedding was exceedingly pretty at
St. George's.
On the 23rd we dined with Lord Houghton, to meet H.R.H. Prince
Leopold and the Duc d'Aumale; also Lord Stourton and Mowbray
gave a great ball to all the Old Catholics (the cousinhood). It was a
beautiful ball, and the Pope's picture was surrounded with garlands
of flowers and lights, and I remember creating a stir by taking
Richard there, who, I supposed, was of course included in the
invitations. This month Richard lectured at the Geographical Society.
Amongst clever people we met Mr. Leslie Ward, the other caricaturist
of Vanity Fair, and a rising poet, Mr. St. Clair-Baddeley, who attracted
us much. There was a meeting at St. James's Hall for protection for
animals, Princess Beatrice giving the prizes, and quite at the end of
the afternoon, after her Royal Highness had gone, I was asked to
make a speech, which I did.
The members of the Royal Naval Club (founded 1765) gave a dinner
at Willis's Rooms, St. James's, in Richard's honour.
The bombardment of Alexandria was on the 11th and 12th of July,
1882, and he was very much excited and interested about this, and
he wrote a long history of what ought to be done for Egypt. Lady
Fitzgerald (Lord Houghton's eldest daughter) arrived from Egypt
about this time, and was the centre of attraction, both official and
private, as she was able to tell us all about it. I left my Indian
Christmas book with Mr. Bogue on the 7th of July, and never saw it
after. We went to Sir Frederick Leighton's Academy party, to Mrs.
Childers's, and Lady Wilson's ball.
Richard went to Paris on the 15th of July, 1882, and I followed him
on the 22nd, taking my niece Blanche Pigott with me, and joined
Richard and Captain Cameron. We saw a great deal of the traveller
De Brazza and his brother, and on the 26th we bid good-bye to
Cameron, and we three left for Turin, where our niece, who was for
the first time in Italy, enjoyed the scene of the Piazza and Castle by
moonlight, and a drive up to the Superga. The next day we arrived
in Venice. There is always something amusing to people who have
seen everything themselves, in taking a fresh young girl about, as
long as she is fresh. She was just out of her convent, and Richard
and I, having no children, thought it rather fun having a daughter.
We arrived on the last day of July.
The Great Next day, on the 1st of August, there was the opening of
Trieste a Grand International Exhibition at Trieste. The City was
Exhibition.
illuminated at night almost as brilliantly as Venice had
been for the Congress, and Trieste illuminated makes a grand effect
with its rising mountain background. The Archduke Charles Louis
was there to open it, and the Emperor and Empress, Prince Rudolf,
and Princess Stephanie came later on. This had been a hobby of our
(then) Governor's (Baron de Pretis) for a very long time, and for
months and months endless workmen had been erecting magnificent
buildings at the edge of the sea—I should say for a mile in length—
all along the fashionable drive called St. Andrea. This great day was
devoted to officialdom, and receptions, and bands, and at night
Baron Morpurgo had one of his boats out, and supper on board, for
his friends to see the illuminations. However, at night, there was an
émeute in the town, begun by the Italianissimi.
Émeute at Nothing was talked of but the émeute. Some Italians
Trieste. had thrown a bomb as an Austrian regiment was
passing, but it did not go off till the wrong moment, so
only a policeman's hand was crushed, and our poor friend Dr. Dorn,
of the Triester Zeitung, had his leg shattered, was carried home in a
pitiable state, and months after I saw the large pieces of bone that
had come out of his leg. There were four men concerned in the
throwing of the bombs, the chief of which was one Oberdank, a
deserter from the 22nd Regiment of Infantry; they were taken at
Ronchi. This had the effect of driving everybody away from the
Exhibition. The people who had come from foreign parts to exhibit,
swore they would not stay, that they did not feel safe, and they
wanted to pack up their things. The Exhibition was always empty,
which, of course, was the object of the Italians. Blanche and I went
down one morning, and we saw everything most beautifully, for
there were not twenty people in it.
Then the Baron Morpurgo told us that every night the bands were
playing, and the ices and refreshments always waiting, but that
nobody ever came; and they went round and collected a few friends
who would have the courage to go in the evening. Richard and I and
Blanche willingly started off in their boat at night, to go and hear the
band, to eat ices, and enjoy the illuminations; but as soon as we
really began to enjoy ourselves, a telegram was handed to the
Morpurgos that the town was in émeute; so they all jumped up,
even the old Baron, who was very brave and active, and said, "That
must be our people, and we will go down and have the gates of the
old town (Ghetto) shut, and let them calm down; they shall not get
into the town, and that will stop the mischief; and you," he said to
us, "don't attempt to go back through the town, but go round in the
boat and land just under your own windows, and get in that way,"
which we did. I was again sent off, early August, for my second
summer to Maríenbad—three are the usual course (and Richard
went to Monfalcone for his gout baths)—where Blanche and I
enjoyed ourselves very much in a quiet way. We walked, drove,
read, studied German, made excursions, saw again Madame de
Novikoff, and went to the little German plays, which were very
amusing. There came Mr. and Mrs. Campbell-Bannerman, Mr. Robert
Bourke (Lord Connemara), Mrs. and Miss Baldock, and Captain Bury.
The band was the same as last year and quite exquisite. We had a
very nice collection of people, and formed a pleasant little table at
feeding time. I was not sorry when it was over, on the 9th
September, to start again for Vienna, and on the 11th to go down to
Trieste, for it never agreed with me.
I could not resist writing the following during my cure:—

"Captain Burton.

"To the Editor of Vanity Fair.

"Dear Vanity,—It was very kind and nice of you to have noticed
us in your paper, but, if I may make an observation, I should
like to have had the rose without the thorn. The article is likely
to make the public think that Captain Burton is living on the fat
of the land at public expense, and doing nothing to earn it. I do
not want any one to put the 'evil eye' upon the poor hard-
earned little £600 a year—well earned by forty years' hard toil in
the public service. It is true that Government has sometimes,
but not often, spared him for a few months at a time to do
larger works, which have been for more general public benefit
 and wider extended good; but all the journeys quoted in Vanity
have been undertaken between his various posts, when he has
been out of employment, or during the usually allowed leave
that other men spend in Pall Mall. On all the occasions when he
has had 'leave' as above, he has gone voluntarily on half-pay
those few months. If any one grudges us our pittance, and will
inquire in Africa, Brazil, Damascus, or Trieste, they will find that
at no time, of those or any other months, has a single detail of
Consular work been omitted, or neglected, or performed by
incompetent or ordinary subordinates, whilst every penny of
public money was nervously accounted for. They will learn that
we have ever given double of what we have received; that
every one of our four Consulates has been a credit to the
Government; that the English of our district have always been
proud of their Consul and Consulate; that foreigners are always
on most friendly terms with them, and the authorities intimately
so. If this be so, will not what you call an 'Amateur Consul' do
quite as well as the other sort, whatever that may be? You are,
however, my dear Vanity, mistaken on another point. The higher
the post and the more important the duties, the greater is the
ambition to discharge them nobly. How much more keenly
would one feel as an Eastern diplomat, for instance, than
settling a dispute between the cook and the mate of a merchant
vessel, or signing passports? Your 'Series' writer must have
dipped his pen in vinegar and gall when he wrote about the
'much-prized posts.'
"I am, my dear Vanity, yours obediently,
"Isabel Burton.
"Hôtel Klinger, Maríenbad, Bohemia,
"September 1st, 1882."

The Dowager Lady Galway and Count and Countess della Sala, also
General Francis, arrived at Trieste for the Exhibition, which was a
very great pleasure to us. The Emperor and Empress and the Prince
and Princess now announced their intention of doing good to the
Exhibition by coming to visit it; there was a grand reception
prepared, bands of music, the houses decorated, the ships dressed,
flags and triumphal arches, salutes of artillery, and shouts of "Eviva!"
girls in white, and flowers to strew, and at night illuminations. The
first evening there was a grand theatre night with the ballet
"Excelsior," and the applause when the Imperial party entered was
deafening, and lasted fully a quarter of an hour. Next day was the
Exhibition. The Baron Morpurgo had prepared a splendid fête on
board the Berenice. The City was illuminated, so was the ship, and
all the cream of Trieste was present. Every moment the Emperor and
Empress were expected, and we all fell into our places in lines,
through which they were to pass; several times they were
announced, and several times did we retire and sit down again.
At last the Imperial boat actually arrived, and went several times
round the Berenice and steamed away again. The disappointment
and mortification of the truly loyal givers of the fête may easily be
imagined; but it was perhaps as well, if the stories current next day
had only a shadow of truth in them. It was commonly talked about
afterwards that, unknown to the givers of the fête, the vessel had
been observed to be much lower in the water than she ought to be,
through somebody having taken out some plug that ought to have
been in it, which caused a very gradual sinking. It was suspected
that amongst the workmen one had been bought, just as in Nihilist
cases, and that the moment the Imperial party had set foot in the
ship, that they, and of course all of us, were to be blown into the air
by a dynamite clock, and the Chief of Police had begged—perhaps
had had some intimation that there was something uncanny
somewhere—the Imperial family not to sup on board. True or
untrue, these were the stories on the morrow. Anyway, none of the
authorities dared go to bed, or hardly breathe, as long as the
Imperial family remained in the neighbourhood. It appeared there
were bombs across the railway, bombs in the Exhibition, bombs in
the boats, and bombs in the sausages; at least, that was the state of
feeling in Trieste during those three days, and I should think the
Welcome to our website – the perfect destination for book lovers and
knowledge seekers. We believe that every book holds a new world,
offering opportunities for learning, discovery, and personal growth.
That’s why we are dedicated to bringing you a diverse collection of
books, ranging from classic literature and specialized publications to
self-development guides and children's books.

More than just a book-buying platform, we strive to be a bridge

connecting you with timeless cultural and intellectual values. With an
elegant, user-friendly interface and a smart search system, you can
quickly find the books that best suit your interests. Additionally,
our special promotions and home delivery services help you save time
and fully enjoy the joy of reading.

Join us on a journey of knowledge exploration, passion nurturing, and

personal growth every day!

ebookbell.com