MR DAVID ROBERTSON, Town Clerk of Leith, has resigned on being appointed Senior Depute Town Clerk in Edinburgh.

MR W. K. MACDONALD, solicitor, attained his jubilee as Town Clerk of the burgh of Arbroath on 28th May. At a special meeting of the Town Council Provost Rutherford Thomson, on behalf of the Council and community, extended hearty congratulations to Mr Macdonald. On the motion of the Provost a resolution was unanimously adopted agreeing to present to Mr Macdonald the freedom of the burgh in testimony of the high esteem in which he is held, and of appreciation of the invaluable services rendered by him as town clerk, and of his lifelong interest in the welfare of the community of his native town. Mr Macdonald is also to be presented with his portrait in oils.

THE annual meeting of the Faculty of Procurators in Glasgow was held on 6th June in the Faculty Hall, St George's Place, Mr John A. Spens, Dean, in the chair. Messrs Digby S. Brown, Archibald Hamilton, and Henry S. Girvan were admitted members of the Faculty.

The Dean submitted the annual report of the Council. He referred to the satisfactory result of the efforts which had been made to amend the practice of the Treasury and the Bank of England in regard to the holding of Government stocks by Scottish investors. As regards professional fees, he stated that the Council had been in communication with the Law Society of England, and it appeared that the Master of the Rolls and the Rules Committee of the Court in England had authorised an addition of 20 per cent. on fees in litigation. The Council were now in communication with the Edinburgh Society with the view of some similar step being taken in Scotland, and he pointed out that an increase in such fees must also involve some increase in general business fees. The Council had been requested by the Ministry of Reconstruction to give them information as to the questions of land valuation, and they had communicated their views on this subject. He referred to a number of other questions which had been dealt with throughout the year by the Council. The Dean also referred to the report of the Land Register Committee of the Faculty approving of typewriting the Sasine Records. The report was approved.

With regard to "The Law Agents Qualification of Women (Scotland) Bill," the Dean said that at the annual meeting last year a Bill with a similar object applicable to England had been considered and a motion then adopted that in view of the junior members of the profession being meantime on military service this legisla tion should be delayed until they had an opportunity of expressing their views. He moved

that a similar resolution be now adopted as regards the Scottish Bill, and communicated to Lord Haldane, the Secretary for Scotland, and the Lord Advocate. The motion was seconded and adopted.

The meeting proceeded to the appointment. of the Dean of Faculty, and on the motion of Dr Mackenzie, seconded by Mr Gillies, Mr John A. Spens was unanimously appointed. The members of Council and committees were thereafter appointed, and also the following representatives on public trusts: Baillie's Institution -Messrs James Alexander M'Callum, Peter Lindsay Miller, John Arthur Thom, William Gemmill, Alexander Bell Ferguson, and Richard John Cunliffe; the John Monteith Bursaries— Mr John Jackson Coats; the John Reid Bursary -Mr John Hurll; the John Gibson BursaryMr Charles Edwards Beckett; the Western Infirmary of Glasgow-Mr William Barrie and Mr Frederick Gordon MacKillop; the Victoria Infirmary-Mr James Ness; the Royal Samaritan Hospital for Women-Mr Nicol Ferguson Cameron; Glasgow Eye Infirmary-Mr John Sands Galbraith.

WE regret to record the death of Mr Charles M'Nicoll, solicitor, Forfar, which took place on 8th June. He served his apprenticeship in the office of Mr David Stewart, solicitor, Dundee, and after completing his training in Edinburgh qualified as a law agent in 1888. He went to Forfar as assistant to the late Mr William Gordon, solicitor, and ten years later he started practice on his own account. He served for a number of years as a member, and latterly as chairman, of the School Board of Arbroath, and became a member of the Town Council in 1911. He resigned office last year on being appointed Food Officer for the burgh. His youngest son was killed in action some months ago.

THE LATE MR W. STUART FRASER, W.S. -We regret to record the death of Mr William Stuart Fraser, W.S., which took place in Edinburgh on 6th June. Mr Fraser was the son of the late Mr William Fraser, W.S. He was educated at Edinburgh Academy and Edinburgh University, was admitted to the Society of Writers to the Signet in 1861, and joined the firm of Jardine, Stodart & Fraser, of which he became senior partner on his father's death in 1874. He was a director of the National Bank of Scotland and of several investment companies, and was also a director of the Caledonian Insurance Company, but resigned in 1902, when he was appointed law agent of the company in succession to the late Mr R. B. Ranken. He acted for many years as examiner of intrants to the W.S. Society, and was a member of the committee on Sheriff Court Procedure. A member of the United Free Church, he was convener of the Widows' and Orphans' Fund, and in 1904

he was appointed joint-convener of the Advisory Committee along with Principal Rainy, becoming sole convener on Principal Rainy's death. His sound judgment and high legal attainments, combined with the shrewdness of his advice and the care which he devoted to his clients' interests, secured him the confidence and esteem both of his clients and of his professional brethren. Mr Fraser is survived by two sons and two daughters. Of his sons, Mr W. H. Fraser, has been a member of his father's firm for about eighteen years, while Lieutenant G. A. Fraser, K.O.S.B. (who is a chartered accountant in civil life), has been on service since the beginning of the war.

DECISIONS IN THE ENGLISH COURTS.

In re Hollins.

LEGACIES

-

SUCCESSION — WILL - ABATEMENT -GIFT OF SUM TO PRODUCE GIVEN INCOMEMODE OF ASCERTAINMENT.-A testatrix by her will gave a number of legacies, including a legacy to her niece of a sum which would produce an income of £1000. The estate was insufficient to pay all the legacies. The deficiency would be greater if the capital sum were ascertained on the basis of an investment in Consols than if it were ascertained on the basis of an investment in war loan. Held that the capital sum fell to be ascertained on the basis of an investment in Consols. Decision of Astbury J. reversed. -Court of Appeal (Swinfen Eady, and Bankes L.JJ. and Eve J.).-15th March 1918.

Yang-Tsze Insurance Association Ltd. v. Lukmanjee. MARINE INSURANCE-SALE OF INSURED GOODS —GOODS LOST AFTER PROPERTY HAD PASSED TO

BUYER TITLE OF BUYER TO SUE ON POLICY.

The B. Corporation sold 200 tons of teak at a price of "175 rupees per ton ex ship. Payment cash against documents." The B. Corporation insured part of the teak in their own name and in the names of all persons to whom it might appertain. The goods insured were lost by a peril insured against after the property had passed to the buyer. Held that the buyer was not entitled to sue on the policy. Judgment of Supreme Court of Ceylon reversed.-Judicial Committee of Privy Council (Lord Parker of Waddington, Lord Sumner, and Sir Arthur Channell). 15th

March 1918.

Rex v. Sbarra.

CRIMINAL LAW-RESET-PROOF.-The circumstances in which an accused person has received

WAR TRADING WITH THE ENEMY-BILLS OF EXCHANGE-FAILURE TO MEET BILLS—CHARGES TO WHICH ACCEPTING HOUSE ENTITLED.-An accepting house in time of peace accepted the bills of a foreigner who became an enemy on the outbreak of war. When the bills matured the foreigner was unable to remit funds to meet them The accepting house met them by means of an advance from the Bank of England at 2 per cent. above the current bank rate. The accepting house subsequently paid up the advance and interest. Held that the accepting house was entitled to charge against the alien enemy's estate (1) the amount actually paid to the bank in name of principal and interest, and (2) simple interest at 5 per cent. from the date when the bank was paid off.-Chan Div. (Younger J.).— 19th March 1918.

LAW LIBRARY.

The Juridical Review. Vol. XXX. No. 2. June 1918. Edinburgh and London: W. Green & Son Ltd.

The place of honour in the June number of the "Juridical Review "is given to an article by Mr Francis Watt, barrister-at-law, on "Samuel Warren," a moderately successful lawyer, who held in succession the offices of Recorder of Hull and a Master in Lunacy, but who is now best remembered as the author of "Ten Thousand a Year." Mr Roughead, for once forsaking the history of crime, gives a sketch of the life of the poet Robert Fergusson. Mr Lovat Fraser tells the story of the trial of Earl Ferrers for the murder of an old servant who had been appointed receiver in bankruptcy of the earl's estates. The earl was found guilty and hanged, but it would seem that if the trial had taken place in these latter day he would have been held to be insane. Mr Charles S. Lobingier writes on "The Value and Place of Roman Law in the Curriculum of the Law Student," and the number concludes with an able article on "Added Peril' in Workmen's Compensation," from the pen of of the late Mr Ivor Forsyth Grant, advocate. The usual reviews of the case law and legal literature of the quarter have been omitted, but the high standard of this Review is well maintained."

The degree of Doctor of Laws was conferred upon him by his Alma Mater in 1910, and he was knighted at Holyrood Palace in 1911. He is a Deputy-Lieutenant and Justice of the Peace of the County of the City of Edinburgh.

Sir Thomas has, for many years, been an elder in Davidson Memorial Ü.F. Church, Eyre Place, where his active interest in all church work has been much appreciated by his present and former ministers and by the members of the congregation.

Now that he has demitted the duties of his high office, his numerous friends wish him many happy days of leisure, but his mental vigour, which is unimpaired, will not allow him to remain inactive, and he is bound to find scope for his energy in public affairs or in private business.

THE King has been pleased to approve that the dignity of a Peerage of the United Kingdom should be conferred upon the Right Hon. Sir Walter George Frank Phillimore, Bart. The new Peer, who was born in 1845, was a judge of the King's Bench Division from 1897 to 1913 and Lord Justice of Appeal from 1913 to 1916. He is a strong High Churchman and Vice-President of the English Church Union. At the time of his appointment it was said that he stipulated on conscientious grounds that he should not be asked to deal with actions of divorce, whereupon one of the wits of the Bar was moved to say that the Government had better not appoint a Unitarian to the Admiralty Division as he might have a conscientious objection to sitting with one of the Elder Brethren.

SIR ROBERT HORNE, K.C., has been appointed a Civil Lord of the Admiralty in succession to Sir Alan Garrett Anderson. Sir Robert left his practice in the Parliament House to take up war work, and in due time found his way to the Admiralty as Director of Priority. His work is of vital importance to the prosecution of the war, and this has led to his appointment as one of the Commissioners for executing the office of Lord High Admiral.

WE regret that in last week's number (p. 38) it was erroneously stated that Mr C. D. Murray, K.C., took silk in 1899. The actual date was

1909.

WE regret to record the death of Lieutenant Archibald Campbell Brown, R.F.A., who has been killed in action. Lieutenant Brown, who was a son of one of the best-known lawyers in Edinburgh, Mr A. G. Brown, W.S., of the firm of John C. Brodie & Sons, was educated at the Royal High School and at Edinburgh University.

MR ANDREW M'ELFRISH, Procurator-Fiscal at Lochmaddy, has been appointed ProcuratorFiscal at Kirkcudbright, in succession to the late Mr J. J. Maclean. Mr M'Elfrish has been Procurator - Fiscal at Lochmaddy during the past five years. He has been clerk to the South Uist School Board for thirty years, and to the Barra School Board for over twenty

years.

THE annual meeting of the Society of Solicitors and Procurators of the Eastern District of Fife was held at Cupar on 13th June. The following office-bearers were appointed: Dean, Mr R. Osborne Pagan; Vice-Dean, Mr T. W. Davidson ; Secretary and Treasurer, Mr J. K. Tasker; Councillors, Messrs W. D. Patrick, R. J. Davidson, and J. E. Grosset; Curators of the Library, Messrs J. L. Anderson, J. M. Mitchell, A. E. Grosset, and R. J. Davidson.

AT the annual meeting of the law agents on the roll of Cupar Sheriff Court, the following agents were appointed to act as procurators for the poor for the ensuing year: Messrs J. M. Mitchell and C. J. Stewart, Cupar; H. H. Stewart, Anstruther; J. R. Strachan, Tayport: H. J. Middleton, Leven; W. Macbeth Robertson, St Andrews; G. L. Anderson, Newburgh; and Alexander Anderson, Falkland and Lady bank. Mr A. E. Grosset, Cupar, was appointed reporter on probabilis causa litigandi in poor causes.

THE death of Mr John Colin Mitchell, solicitor, Glasgow, took place on 11th June. Mr Mitchell, who belonged to an old Glasgow family, was in his seventy-eighth year, and was the eldest son of the late Mr Colin Gillespie Mitchell, writer, a member of the firm which is now known as Mitchells, Johnston & Co. Adopting his father's profession, Mr Mitchell was for over forty years a partner in Messrs Mitchells, Johnston & Co., and was senior partner of the firm when he retired at the end of 1916. Though he did not take part in public affairs, he was one of the leading members of his profession in Glasgow. He was interested in the work of several philanthropic institutions, and served as a director of the Maternity Hospital and of the Royal Hospital for Sick Children. Mr Mitchell acted as law agent to the trustees of the Bellahouston Bequest Fund, and latterly was one of the trustees. His brother, the late Mr R. M. Mitchell, was a member of Glasgow Corporation for many years. Mr Mitchell is survived by his wife, and by a son and daughter. The son, Mr Douglas K. Mitchell, is a partner of the firm of Mitchells, Johnston & Co.

WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 1 (1)-OUT OF AND IN COURSE OF EMPLOYMENT-STREET RISK -AIR RAID.-A potman in a public-house (acting under the orders of his employer) was cleaning a plate on the street door when a bomb dropped by hostile aircraft fell on the street and he was injured by the concussion of the explosion. Held that he was not entitled to compensation. Judg ment of Court of Appeal affirmed.-House of Lords (Lord Finlay L.C., Lords Atkinson, Parker of Waddington, and Wrenbury).-21st March 1918.

SECTION 1 (1)-RISE IN RATES DUE TO INCREASE OF RATEABLE VALUE OF PREMISES-RIGHT OF

the landlord of a small dwelling-house raised the LANDLORD TO RAISE RENT.-In September 1915 In consequence rent from 9s. to 10s. per week. the rates payable in respect of the house were increased. On the passing of the Increase of Rent and Mortgage Interest (War Restrictions) Act 1915, in December 1915, the rent fell to be reduced to the pre-war rate, but the rates continued to be payable at the higher figure. Held that the landlord was entitled to charge the tenant with the whole amount of the rates payable by him to the rating authorities.-K.B. Div. (Avory and Shearman JJ ).-21st March 1918.

Minister of Munitions v. Chamberlayne.

WAR--DEFENCE OF THE REALM-ACQUISITION OF LAND-DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1916 (6 & 7 VICT. CAP. 63), SECTION 13 (1) (b). —At the date of the passing of the Defence of the Realm (Acquisition of Land) Act 1916, a factory was in course of erection on a park of a mansion-house. The building was not complete, and could not in its then state be used as a factory, but a substantial part, had been constructed. Held that at the date when the statute was passed the building had been "erected" within the meaning of section 13 (1) (b) of the Act, and that the Railway and Canal Commission could authorise the Minister of Munitions to acquire the mansionhouse as well as the park.-Railway and Canal Commission (Lush J., the Hon. A. E. Gathorne Hardy, and Lord Terrington).-25th March 1918.

DEFENCE OF THE REALM REGULATIONS, REGULATION 36.-Clause 11 of the Portsmouth Public Traffic Regulations, issued by the King's Harbour-master, provided that the movements of merchant vessels should be under the direction of the King's Harbour-master. A vessel in the fairway within the Portsmouth Defence Area was ordered to move by a special pilot acting with the authority of the King's Harbourmaster. The pilot went on board the vessel and took charge of her. While he was in charge of her a collision occurred owing to his fault. Held that clause 11 was authorised by the Defence of the Realm Regulations, No. 36, and that the shipowners were bound to obey directions given by persons authorised by the King's Harbourmaster, and that they were not liable for the pilot's fault. Decision of Hill J. affirmed.-Court of Appeal (Pickford, Warrington, and Scrutton L.JJ.).-25th March 1918.