Page images
PDF
EPUB

life, and the delight with which he joined in their games and amusements added greatly to their enjoyment. The blank caused by the withdrawal of his cheery personality will long be felt by his wide circle of friends.

INDICTMENTS were served on Saturday last for the sitting of the High Court which will be held at Glasgow on Tuesday, 26th June. The calendar consists of three cases: Robert Hunter, iron and steel merchant, Glasgow, is charged with having on various occasions between 1st January 1917 and 31st March 1917, in his premises at Glebe Street, resetted a quantity of iron, steel, and other metals, valued at £143. A seaman, named Fred William Hayes, is charged with beating another seaman on the face with his fists, and murdering him on board a vessel at Glasgow; and Alexander Law is charged with a contravention of the Criminal Law Amendment Act.

NEW SHERIFF OF CAITHNESS,

ORKNEY, AND ZETLAND.

The King has been pleased to approve the appointment of Mr A. H. B. Constable, K.C., to be Sheriff of Caithness, Orkney, and Zetland in succession to the late Sheriff M'Lennan.

Mr Constable, who is a son of the late Mr. W. Briggs Constable of Benarty, Fife, was born in 1855, and was educated at Dollar Academy and at Edinburgh University, where he had a distinguished career as a student, winning the Vans Dunlop Scholarship in Political Economy and graduating in Arts and Law. He was admitted to the Faculty of Advocates in 1889, and in a few years was one of the busiest juniors at the bar. He took silk in 1908, and since then he has conducted a large senior practice. For over a year now he has not been seen in the Courts, for in the spring of last year he left the Parliament House in order to take up work in connection with recruiting. Mr Constable has taken a prominent part in politics and has contested numerous constituencies on the Unionist side. He opposed Mr Asquith in East Fife in 1900, and fought the Kirkcaldy Burghs in 1905. He was Unionist candidate for the Montrose Burghs at a bye-election in 1908, and at the two general elections of 1910 he contested the Blackfriars Division of Glasgow. Mr Constable is part author of a well-known work on Provisional Orders. He has a great reputation as a lawyer, and it is the general opinion of his professional brethren that the people of Caithness are very fortunate in their new Sheriff.

PROFESSOR HENRY GOUDY, Regius Professor of Civil Law at Oxford, has been elected an

Professor

honorary Bencher of Gray's Inn. Goudy was admitted to the Faculty of Advo cates in 1872, and before he went to Oxford he was Professor of Roman Law in Edinburgh University. He is the author of that wellknown text-book, "Goudy on Bankruptcy."

SHERIFF LEES, K.C., the new Sheriff of Forfarshire, presented his commission at Dundee on 7th June, and was welcomed by Sheriff-Substitute Neish in presence of a large attendance of members of the local Bar and the Lord Provost and Magistrates. Sheriff Lees, in making acknowledgment of the remarks by Sheriff-Substitute Neish, Mr John Scrimgeour, Dean of the Faculty, and Lord Provost Don, said his experience had been pretty long, and it was certainly very diversified, for he found that as Sheriff or Sheriff-Substitute he had acted in exactly onethird of the counties of Scotland.

MR JAMES R. N. MACPHAIL, K.C., presented his commission in Stirling Sheriff Court on 11th June as Sheriff of the Sheriffdom of Stirling, Dumbarton, and Clackmannan, in succession to Sheriff Lees. There was a large attendance of the local Bar, Colonel C. M. King of Antermony, Campsie, convener of Stirlingshire, and Bailie Duff, Stirling, being also present as representing the county and burgh local authorities. Sheriff-Substitute J. Dean Leslie, who introduced the new Sheriff, referred to the fact that it was twenty-six years since a similar ceremony took place in Stirling. Sheriff Macphail came to them amply equipped for his office. During his years of professional life he had been entrusted with much work in which his legal and literary learning and his grasp of the difficult and important relations of past and present times had given him full scope for shewing his capacity. Mr John Jenkins, Dean of the Stirling Faculty of Solicitors, Colonel King, and Bailie Duff having associated themselves with the welcome, Sheriff Macphail expressed the pleasure which his appointment to that singularly interesting Sheriffdom had given him. Although there were many sacred shrines in Scotland, he did not think there was another area which was more sacred to the patriotic Scotsman than the county of Stirling and the royal burgh with its ancient castle.

MR ROLAND E. L. VAUGHAN WILLIAMS, K.C., has been appointed Recorder of Carmarthen in succession to Mr C. W. Milner Jones, who has been appointed Recorder of Merthyr Tydvil.

LIEUTENANT CECIL A. CAMERON, who was sentenced in the High Court of Justiciary, Edinburgh, in 1911, to three years' penal servitude for attempted fraud in connection with the insurance of a pearl necklace, has received a free pardon from the King. The Order bears that

in consequence of the valuable services rendered in the present war by Lieutenant Cameron, the Army Council have advised the King that a free pardon should be granted to him, and His Majesty has been graciously pleased to order under the sign-manual that a free pardon should be issued to Lieutenant Cameron.

The trial of Lieutenant Cameron and his wife created a sensation at the time. Lord Dunedin was the presiding Judge, and the charge was that the prisoners had conceived a fraudulent scheme to obtain the sum of £6500, and this consisted of insuring a pearl necklace at Lloyd's for that sum, reporting its loss by robbery in Edinburgh, and then claiming the insurance, "the fact being that no robbery had occurred." The trial lasted from 30th May to 3rd June, and the jury returned a verdict of guilty against both prisoners, and sentence of three years' penal servitude was passed on each. Mrs Cameron did not serve the full term of her sentence, and the outbreak of war gave Lieutenant Cameron an opportunity to redeem himself, which has now been crowned by the gracious act of His Majesty. Throughout the trial he undoubtedly had a great deal of public sympathy with him in the position in which he found himself.

FACULTY OF PROCURATORS IN

GLASGOW.

The annual general meeting of the Faculty of Procurators in Glasgow was held on 7th June in the Library Hall, St George's Place, the Dean, Mr John A. Spens, in the chair. The Dean referred to the loss the Faculty had sustained in the death of Mr Ross Robertson Auld, their senior member, Mr Jonathan Anderson, and Mr Alexander Russell, and expressed the sympathy of the members with their friends and relatives. He referred specially to the death of Mr Alexander Russell, an old officer in the 5th Scottish Rifles, who had lost two sons on active service in the present war, and of Mr Patrick Spens, Mr Samuel Hugh Dow, and Mr John Galbraith France, young members of Faculty, who had died on active service. The Dean said he was sure the meeting would wish to congratulate their member, Major Harvie Anderson, on the honour of Commander of the Bath conferred upon him by His Majesty, and also Mr John J. Coats, one of the oldest and most highly esteemed members of Faculty, on his son, Captain W. J. J. Coats, B.L., having been decorated with the Military Cross. The Dean added that the members would recollect that Colonel F. L. Morrison, one of their members, had about a year ago also received the Commandership of the Bath. Mr John MacLeish Barr, B.L., writer, 113 St Vincent Street, Glasgow, was admitted a member of Faculty.

He

The Dean submitted the annual report by the Council and the treasurer's accounts. pointed out that the Faculty was suffering seriously in income from the depression in the property market carried on in the Faculty Hall, but expressed the confident hope that the present depression in the market would not continue. On his motion the report of the Council and treasurer's accounts were approved. The Dean then called attention to the reference to the work of the Library Committee in the Council's report, and moved that the grant in aid of the library be £250 instead of £500 as heretofore, and explained that, to save expense, separate reports by the Library and Court House Committees had been dispensed with, and that the Library Committee were restricting the purchase of books so far as was possible consistently with maintaining the efficiency of the library as a law and reference library for the members. The motion was adopted.

The Dean called attention to the Solicitors (Qualification of Women) Bill 1917, and pointed out that this Bill, which was an English one, had passed the House of Lords and was now in the House of Commons, but the Government had indicated they would not give facilities to have it enacted, and probably it would go no further. It was obvious, however, that although this Bill was applicable to England only, if it were enacted a similar measure would follow applicable to Scotland. He knew that there was a large body of opinion in the Faculty in favour of the measure; on the other hand, there were members who did not approve of women being eligible for the profession, and after very careful consideration the Council thought it was out of place to attempt to decide the question at present. He accordingly moved "That the Faculty, being of opinion that the Solicitors. (Qualification of Women) Bill 1917, introduced into and passed by the House of Lords, and now pending in the House of Commons, although applying only to England, if enacted necessarily involves legislation on similar lines for Scotland, resolves, without pronouncing meantime on the merits of the proposal, that legislation on the question should be deferred, as the bulk of the younger members of the profession, whose interests are principally involved, are at present absent on military service." The motion was seconded by Mr James Mackenzie, LL.D., and unanimously adopted.

On the motion of Mr James Mackenzie, LL.D., ex-Dean, seconded by Mr William Gillies, exDean, the Dean was reappointed, and members of the Council and of the Committees of Faculty for the current year were appointed. The following representatives on public trusts were also appointed: Baillie's Institution-Messrs James Ness, LL.B.; James Alexander M'Callum, LL.B.; Peter Lindsay Miller, John Arthur Thom, William Gemmill, and Alexander Bell

Ferguson; the John Monteith Bursaries-Mr May 1919. Held that the net profits meant the
John Jackson Coats; the John Reid Bursary- profits of the year's trading which were divisible
Mr John Hurll, B.L.; the John Gibson Bursary among the persons beneficially interested, and
-Mr Charles Edwards Beckett; the Western that excess profits duty must be deducted before
Infirmary of Glasgow-Messrs William Barrie they were struck.-Chan. Div. (Peterson J.).—
and Frederick Gordon Mackillop; the Victoria 3rd April 1917.
Infirmary-Mr George Grieve Paton, LL.B. ;
the Royal Samaritan Hospital for Women-Mr
Nicol Ferguson Cameron; the Glasgow Eye
Infirmary-Mr John Sands Galbraith, B.L.

DECISIONS IN THE ENGLISH

COURTS

Hawkes v. Morey.

ARMY MILITARY SERVICE MINISTERS OF RELIGIOUS DENOMINATIONS-MILITARY SERVICE

ACT 1914 (4 & 5 GEO. V. CAP. 104), FIRST SCHEDULE (4).-The Church of Jesus Christ of Latter Day Saints had 600,000 members in the United States and 10,000 over eight years of age in this country. The magistrates held that the Church of Latter Day Saints was not a

In re Customs and Excise Officers' Guarantee Fund. religious denomination, as it was an alien body

of too small a membership to be recognised as such. Held that this conclusion was not justified by the evidence and must be reversed.—K.B. Div. (Lord Reading C.J., Avory and Rowlatt JJ.). 3rd April 1917.

GUARANTEE SOCIETY-FAILURE OF OBJECTSDISPOSAL OF SURPLUS FUNDS.-A society for raising a fund by subscriptions from excise officers to guarantee their fidelity bonds was amalgamated in 1910 with a similar society for customs officers. The subscribers were entitled to have their policies guaranteed, and on the termination of their service to receive repayment of their subscriptions with interest on the termination of their service. Any surplus of the fund beyond the amount required for guarantee purposes went to a benevolent fund. On 31st December 1914 fidelity bonds were The abolished, and the objects of the society came to an end. A balance remained after repaying the members' contributions. Held that the balance fell to be divided among the subscribers in life at 31st December 1914.-Chan. Div. (Astbury J.). 30th March 1917.

[blocks in formation]

LAW LIBRARY.

BOOK NOTICES.

Juridical Review, Vol. XXIX. No. 2, June 1917. Edinburgh and London: W. Green &đ Son Ltd.

The June number of the "Juridical Review" is a very interesting one. The place of honour is assigned to a short article by Professor Goudy onThe Neutrality of Belgium." Perhaps the most notable contribution in the number is Professor Gloag's discussion of "The Limits of the Right of Self-Redress." Mr Roughead's account of "The Abduction of Jean Kay" is of interest to the criminologist and the antiquarian. As is not unusual in Mr Roughead's narratives, it has a hero who is hanged, and another who just manages to cheat the gallows of their due. Mr J. E. Hogg writes on "Registration of Title"; and under the title of "Testamentary Fiscal Adjustments" Mr John Burns, W.S., dis

cusses the effect of the clauses in wills which relieve beneficiaries of the taxes which in ordinary course would fall on them. The number also contains the usual reviews of current legal literature and of recent case law.

[merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small]
[graphic]

Lord of

[blocks in formation]

tion was found to be impracticable, and he

passed a way
on 14th
June.

Lord Dewar, who was born in 1860, was the fourth son of Mr John Dewar, distiller, Perth, was educated at Perth Academy and

Edinburgh University, and was admitted to the Faculty of Advocates in 1885. He soon acquired a considerable share of junior work, and he also threw himself heartily into politics on the Liberal side. During the Liberal Administration of 1892 to 1895 he held office for a time as extra advocate-depute on the Glasgow Circuit. In 1899 he became Member of Parliament for South Edinburgh, defeating no less redoubtable an opponent than the late General Wauchope. He lost the seat at the General Election of 1900, and the next five years were spent in the Parlia

Council and Session in succession

to Lord M'Laren.

It may frankly be

said that no great anticipations had been formed regarding

his career as a judge. But, as is not unusual in such circumstances, he proved to be a great

success on the Bench. Не had

plenty of common sense, much knowledge of the world and of men, and an unfailing courtesy, and these qualities, combined with his fairness of mind and his earnest desire to do justice, made him one of the most popular and successful judges of his time. His judgments stood the test of appeal remarkably well, and although he was himself wont to disparage his legal knowledge his success in dealing with difficult legal questions-especially in the domain of shipping law-soon proved that his own view was a mistaken one, and that he

was a very competent lawyer indeed. He acted as chairman of the tribunal specially created to adjudicate upon the rights and duties of munition workers. The patience and impartiality which he displayed in this by no means easy position won him the admiration and respect of all who appeared before him.

Lord Dewar is survived by his wife and a daughter, but his only son was killed in action last year.

THE latest list of causes standing for hearing in the House of Lords includes eleven cases, of which six are from England, three from Scotland, and two from Ireland. The Scots appeals are: Woodilee Coal and Coke Co. Ltd. v. M'Neill; Michelin Tyre Co. Ltd. v. Macfarlane, Glasgow Ltd.; and Scottish Boiler Insurance and Engine Inspection Co. Ltd. v. Walter Scott Ltd. The appeals in the Greenock flooding cases still await judgment.

MR JAMES R. N. MACPHAIL, K.C., the new Sheriff of Stirling, Dumbarton, and Clackmannan, presented his commission in Dumbarton Sheriff Court on Monday last. He was introduced by Sheriff-Substitute M'Diarmid. Mr William Craig, Dean of Faculty; Mr F. C. Buchanan, convener of the county; and Bailie Lawrance also spoke. Sheriff Macphail, in reply, said it would be his endeavour to maintain the same pleasant relations with officials and with the Bar as Sheriff Lees maintained. He recalled the fact that one of his predecessors at Dumbarton was Sir John Monteith, and added that for the credit of old Scotland he would endeavour to follow in the footsteps of Sheriff Lees rather than in the footsteps of the false Monteith.

SECOND-LIEUTENANT J. D. LOWNIE, Royal Scots (attached Machine Gun Corps), who has been wounded, is a son of Mr J. Lownie, Edinburgh, and a member of the Society of Writers to the Signet. He was educated at George Watson's College and Edinburgh University, and was one of the best golfers in the Mortonhall Golf Club. He received his commission in the summer of 1915.

MR JAMES CHAMBERS, K.C., Solicitor-General for Ireland, whose death took place on 11th June, had represented South Belfast in Parliament since 1910. After Sir James Campbell was appointed Lord Chief-Justice of Ireland Mr Chambers became Solicitor-General in succession to Mr James O'Connor, who was appointed Attorney-General. Mr Chambers was called to the Irish Bar in 1886, and took silk in 1902.

WE regret to record the death of Sir Francis Beaufort Palmer at the age of seventy-two. He was one of the most eminent company lawyers who ever lived, and his works, "Palmer on Company Law" and "Palmer's Company Precedents," are among the most famous law books ever published.

Mr A. H. Briggs Constable, M.A., LL.B., K.C., presented his commission on appointment to be Sheriff of Caithness, Orkney, and Shetland to Lord Ormidale on Wednesday, and took the oath. The new Sheriff, who succeeds the late Sheriff M'Lennan, K.C., is at present engaged in military service in connection with recruiting, and he established a precedent by going through the formalities in khaki and without his wig and gown.

Mr Charles T. Gordon, advocate, the new Sheriff-Substitute of Forfarshire, made his first official appearance in Arbroath Sheriff Court on 20th June. He was formally introduced by Hon. Sheriff Substitute William Alexander, and a cordial welcome was extended to him by Mr G. G. Dalgarno on behalf of the members of the Bar, and by Provost Rutherford Thomson on behalf of the comunity.

DECISIONS IN THE ENGLISH COURTS.

H. Newsum, Sons & Co. Ltd. v. Bradley.

SHIPPING

LAW-AFFREIGHTMENT-ABANDONMENT OF SHIP OWING TO ENEMY VIOLENCERIGHT OF CARGO OWNER TO TREAT CONTRACT

OF AFFREIGHTMENT AS REPUDIATED.-A ship was on a voyage from Archangel to Hull with a cargo of wood. The charter-party contained an exception of the King's enemies. While she was crossing the Firth of Forth on the voyage to Hull a German submarine rose out of the water and forced the crew to take to the boats. The Germans took possession of the ship and exploded a bomb on board, and left her in a waterlogged condition. The crew believed that the ship was sunk. They were picked up by a trawler, and landed at Aberdeen. The ship they had left was taken to Leith, where the Receiver of Wrecks took charge of her. Before the shipowners resumed possession of their vessel the owners of the cargo claimed to be entitled to take possession of their goods as at Leith without paying the freight for the voyage. Held that the crew had abandoned the vessel, and that the cargo owners' claim was valid.K.B. Div. (Sankey J.).—4th April 1917.

« PreviousContinue »