Mackersy, Society of Writers to His Majesty's Signet v., Royal Exchange Assurance Corporation, Owners of S.S. “Tarv” v., Ο 745. Rae v. Royal Scottish Society for Prevention of Cruelty Waddell v. Howat, 468, O 684. Waddell's Judicial Factor v. Waddell, 659. Waugh v. Paterson, J 432. Woods v. Co-operative Insurance Society Ltd., 529. Waugh & Robertson Ltd., et e contra, Dexter & Carpenter, Wright, Dawson v., J 594. Weir, Campbell v., Ο 14. Weir, G. & J., Ltd. and Others v. Glasgow Assessor, Wemyss and District Water Trs. v. John Lawson, O 162. Wright v. Keswick, 650. Wright, Williamson v., J 363. Writers to His Majesty's Signet Society v. Mackersy, "West Camak," et e contra, Owners of S.S., Owners of Young v. Campbell, 73. ERRATA. In Hendry v. Walker, page 568, counsel should read: Agents for Pursuers, Laing & Motherwell, W.S., for Mackintosh & Bain, Kilmarnock; In Owners of S.S. "Tarv" v. The Royal Exchange Assurance Co. Ltd., page 749, 2nd column, line 16, for "Lowndes" read "Arnould." (821) INDEX OF CASES ACCORDING TO SUBJECT - MATTER. Note. The figures refer to the number of the Page, and not to the number of the Case. L signifies House of Lords Decision. O signifies Outer House or Bill Chamber Decision. J signifies Justiciary Court Decision. V signifies Lands Valuation Appeal Court and Valuation Appeal Court Decision. T signifies Teind Court Decision. Administration of justice-Contempt of Court-Process- Levison v. The Jewish Chronicle Limited-O 755 Administration of justice-Court of Session-Right of Nakeski-Cumming v. Gordon 640 Agent and client-Account-Settled account-Commis- Arbitration - Contract - Scope of reference-Effect upon Crawford Brothers v. The Commissioners of 105 Arbitration-Policy of insurance-Clause of arbitration the property destroyed the insurers should only be Woods v. Co-operative Insurance Society 529 Arbitration-Procedure-Examination of witnesses in absence of party-Reduction of award-Decision of arbiter on the matter to which those witnesses spoke in favour of the party seeking to reduce the award Reduction refused. Black v. John Williams & Company (Wishaw) 58 Bankruptcy - Sequestration - Alimentary provisions Excess-Bankruptcy (Scotland) Act, 1913 (3 & 4 Geo. V. cap. 20), section 98 (2) - Bankrupt having an alimentary income from trust funds-Petition by his trustee in bankruptcy for an order to compel bankrupt to pay over to his trustee a part of the alimentary income accruing to him after the date of his sequestration - Besides his own support, the bankrupt had to support his wife and daughter, and two sons, of whom one was at the university and the other at school-Held that the bankrupt was bound to pay over to his trustee out of his alimentary income of £721 the sum of £300 per annum as the excess beyond what was a reasonable maintenance. Bankruptcy - Sequestration - Recall-Bankruptcy (Scotland) Act, 1913 (3 & 4 Geo. V. cap. 20), sections 21 and 30-Oath which accompanied a petition for sequestration omitting mention of an arrestment which ought to have been referred to therein as constituting a security over the estates of the debtor's co-obligants-Petition for recall of the sequestration - Circumstances in which held that the irregularity complained of being a latent defect, and being one which did not prejudice the debtor with respect to the granting of the sequestration, was not such as to justify the Court in exercising their discretion to recall the sequestration. Nakeski-Cumming-Petitioner 144 dangerous owing to use of upper flats by their proprietors for machinery and storage-On application by the Procurator-Fiscal of the Dean of Guild Court, Dean of Guild ordering tenement to be taken down to the level of the ceiling of the ground floor -Expense of doing so being allocated upon all the proprietors of the various floors-Owners of the ground floor objecting to allocation upon them on the ground that the order partially to take down the tenement did not affect them-Held (dissenting The Lord Justice-Clerk, Lords Ormidale and Anderson) that, as the expenses in question had been incurred for behoof of all the owners, the ground floor proprietors were liable to pay their proportions. Company-Liquidation-Companies (Consolidation) Act, 1908 (8 Edw. VII. cap. 69), sections 205, 210, 215Payment of a debt to a director after petition for winding up had been presented-Note by liquidator in which he averred that such payment had been made in contravention of sections 205 and 210Crave in the prayer of the note to examine into the conduct of the director under section 215 of the Act and to ordain him to repay to the liquidator the sum in question-Prayer of the note granted. M'Lintock (Liquidator of the Bankers and 775 Company--Nobile officium-Petition to declare void the dissolution of a limited company, dissolved eight years before the date of the petition, and to authorise the person who was liquidator of the dissolved company to grant a disposition ad perpetuam remanentiam of two pieces of ground which the dissolved company held in feu, in favour of the superior, without adhibiting the seal of the company-Companies (Consolidation) Act, 1908 (8 Edw. VII. cap. 69), section 223, inapplicable-Petition refused. Lord Macdonald's Curator Bonis and Another -Petitioners 64 Company-Nobile officium-Petition to declare the dissolution of a limited company, dissolved more than two years before the date of the petition, void for certain purposes, and to authorise the person who was liquidator of the dissolved company to make up title to, and grant title to certain heritable subjects standing in the name of the companyCompanies (Consolidation) Act, 1908 (8 Edw. VII. cap. 69), section 223, inapplicable-Petition refused. The Forth Shipbreaking Company Limited and Others-Petitioners 381 THE SCOTS LAW TIMES-DIGEST. Company-Voluntary liquidation-Duties of liquidator -Honour obligations of the company-Marine insurance" Slip" taken over by the liquidator amongst the company's papers binding the company in honour but not in law to issue a policy of insurance in its terms-No information as to whether loss had been incurred in connection with the slip-Liquidator not carrying on the business of the company to any extent-In a petition by the liquidator under section 193 of the Companies (Consolidation) Act, 1908 (8 Edw. VII. cap. 69), held (1) that the liquidator was neither entitled in the interests of the creditors nor bound apart from consideration of such interests, to issue a policy in terms of the slip, and (2) that he was under no obligation either to pay or to admit to proof in the liquidation any claim for loss which would have been covered by the policy if it had been issued or for damages for its non-issue-Opinion, per Lord Sands, that if the risk in the slip had run off without loss before the date of the liquidation the liquidator would be entitled to issue a policy in terms of the slip and collect the premium for the company. Liquidator of Clyde Marine Insurance Company Limited v. Herbert Renwick & Company 41 Company-Voluntary liquidation-Duties of liquidatorHonour obligations of the company-Marine insurance" Slips" taken over by the liquidator amongst the company's papers binding the company in honour, but not in law, to issue policies of insurance in their terms-Liquidator not carrying on the business of the company to any extent-One policy in terms of a slip signed by the liquidator and issued to the broker in the slip, the premium being debited to his account but not paid-Another policy in terms of a slip signed by the liquidator but not issued-In a petition by the liquidator under section 193 of the Companies (Consolidation) Act, 1908 (8 Edw. VII. cap. 69), held (1) that it was ultra vires of the liquidator to sign either policy, (2) that he was under no legal obligation to pay any losses covered by the policies, and (3) that it was his duty to cancel both policies and credit the broker in the issued policy with the premium debited in his account. Liquidator of Clyde Marine Insurance Company Limited v. Herbert Renwick & Company 41 Contract-Deposit-Conditions-Liability of warehousemen-Pursuers depositing hops and receiving receipt 823 Dean of Guild - Jurisdiction - Conventional nuisance clauses-Prohibition against the occupation of any buildings as "shops, warehouses, stores, or places for the sale of goods or commodities of any kind " -Further prohibition against setting down premises, businesses, or occupations which should be hurtful or occasion disturbance to the houses or inhabitants of the original feu-Proposal to erect a picture house -Held that in such a case there was neither impropriety nor inconvenience in submission to the Dean of Guild Court in the first instance of the questions with regard to the conventional nuisance clauses, and that the Dean of Guild was not warranted in refusing to consider such questions on the ground that he had no jurisdiction. The Botanic Gardens Picture House Limited Entail-Estate duty-Debt chargeable upon fee of estate -Entailed estate held under declaration of trustEstate duty paid by executor of deceased heir-ofentail on whose death estate duty became exigible in respect of the passing of entailed estate-Note by executor for order on trustees holding entailed moneys to pay him thereout amount of estate duty paid by him-Entail (Scotland) Act, 1882 (45 & 46 Vict. cap. 53), section 27 - Finance Act, 1894 (57 & 58 Vict. cap. 30), section 9 (1), (5) Order granted-Orr-Ewing, Petr. (1920, 1 S.L.T.), distinguished. Petition, Bedell-Sivright's Curator Bonis-0. 17 with conditions printed thereon that warehousemen Entail-Sale of entailed lands-Application of price .... "will use every endeavour in taking care of all goods consigned to (their) charge, but will not be held responsible for loss or damage to goods stored through maintaining too high or too low a temperaor any other cause whatsoever ture in the stores other than theft "-Hops subsequently discovered to be in a damaged condition-Pursuers averring negligence on the part of the defenders-Held (dissenting the Lord Justice-Clerk) that averments of negligence were irrelevant and action dismissed. Ballingall & Son Limited v. The Dundee Ice and Cold Storage Company Limited 155 Contract - Executory contract - Building contract Failure to supply a proper damp-proof course, and presence of other defects-Action by contractors for balance of contract price-House accepted and possessed by defender-No offer by defender to allow defects to be remedied under maintenance clause-Claim by defender to withhold the balance of the price (nearly £7000) in his hands-Held that the contractors' breach of contract did not disentitle Purchase of other lands with consigned purchase money-Entail (Scotland) Act, 1882 (45 & 46 Vict. cap. 53), section 23 (6) - Question as to dispositions of lands so acquired being registered in Register of Tailzies-Entail (Scotland) Act, 1914 (4 & 5 Geo. V. cap. 43), section 2-Held that such registration was competent and necessary. Entail-Succession duty-Debt chargeable upon fee of estate Entailed estate held under declaration of trust -Succession duty paid by executor of deceased heirof-entail on whose death succession duty exigible in respect of passing of entailed estate-Note by executor for order on trustees holding entailed moneys to pay him thereout amount of succession duty paid by him-Entail (Scotland) Act, 1848 (11 & 12 Vict. cap. 36), section 25-Entail (Scotland) Act, 1853 (16 & 17 Vict. cap. 94), section 9- Succession Duty Act, 1853 (16 & 17 Vict. cap. 51), section 42-Order granted. Petition, Bedell-Sivright's Curator Bonis-0 17 |