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be deemed to be a fiduciary fiar. But surely it is intended that the Court shall be entitled to take these steps in every case where there is a fiduciary fiar. Yet this is exactly what the result would not be. Sub-clause (2) would have no operation at all under a destination "to A in liferent allenarly and to his children (born but unnamed) in fee."

3. The clause is open to strong criticism on the score of formality and expense. The case of a liferenter who is not fiduciary fiar is special, but putting that aside for the present and keeping to fiduciary fees, surely it would be far simpler and cheaper to recognise the fiduciary fiars in the full sense for what they are, namely, trust-fiars, or in other words trustees by force of their title and the Act, and without any application to the Court. On the contrary, the clause seems to contemplate at least the possibility of successive applications for successive powers, and it does not even borrow from the Entail Acts the machinery of a continuing petition to save expense. If the fiar were minor or incapax there could then be a petition for a factor or trustees, but surely that ought to be reserved for the exceptional case, and limited to the period of minority or incapacity.

4. It is a very strong order that, against the wish of the liferenter (whether fiduciary fiar or not), he should be liable to have his status written down from that of a liferent proprietor, divested of his infeftment, and reduced to the level of a mere trust beneficiary. He would cease to be "the laird"; and why, when it is contrary to the terms of the will, contrary to his own wishes, and without any averment of fault or danger? The proper solution is that which we have already stated; but if that is not to be accepted, at least any trust or factory ought to be restricted to the fee, so that the title would stand in A in liferent and the trustees or judicial factor in fee, which is not unknown. A's status would then be unaffected, and he would be immune from the costs of the trust or factory. But, as we shew below, this solution would not be nearly so good as the recognition of the fiduciary fiar as an actual trustee.

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parently the words "liferenter or have been omitted before "fiduciary fiar" in paragraph (a); they are present all right in (b). The idea of only "one" liferenter or fiduciary fiar runs right through the clause; thus it is provided that, if formal trustees are appointed by the Court, the liferenter or fiduciary fiar may be "one" of them. In point of fact trust powers (to mortgage and feu) have been conferred by the Court on fiduciary fiars; in that case there were two (Pottie, 1902, 10 S.L.T. 107).

ORDINARY LIFERENT AND FEE.

It would appear that the framers of this new Bill have, through the channel of the fiduciary fee, come up against a matter of considerable importance. We mean the awkward position which is created when property stands on direct titles, without the intervention of any trust at all, to one person in liferent and another in fee, The clause, as we have said, now contains an express reference to liferenters who are not fiduciary fiars, and in the prefixed memorandum, after mentioning fiduciary fees, reference is made to "similar cases," and it is stated that these are dealt with in the Bill in order "to remedy the hampering effect of fiduciary fees and similar settlements on dealings with property." This is of excellent promise, for there is no doubt that the most ordinary settlement of heritable property in liferent and fee, on direct titles, is most hampering, and leads to results strongly against the public interest. We are not aware that there is any power known to the law to enable either liferenter or fiar to coerce or ignore the other, or to compel the other to treat, on fundamental matters of administration, such as selling, developing, improving, or even leasing. This shews how terribly far we are behind England, where the Settled Lands Acts give the most drastic powers to the tenant for life. That system originated with a great Conservative lawyer; it was conceived really in the national economic interest; it has had a long trial; and it works well. But in our case when we pass from the memorandum to clause 8 we find that the real problem is not tackled at all. No doubt the clause seems to deal with liferents even though they do not import fiduciary fees, but only on condition that, after the liferent, the fee stands destined to persons "unborn or incapable of ascertainment." This would not apply to the simple case of a destination "to A in liferent and to B and C in fee," though probably it would apply to a destination "to A in liferent and to the survivor of B and C in fee," though that is probably not the intention.

5. Coming to smaller matters, we quite have in view the terms of the Interpretation Act, but these do not justify the variation between "any person" in sub-clause (1) and “ one person in sub-clause (2). It is difficult to justify the contrast between the singular in referring to the liferenter and the plural in referring to the fiar, thus "one person in liferent and in fee to persons." Then cases are contemplated where the liferenter would not at present be regarded as a fiduciary fiar, and these cases are intended to be roped in, yet as sub-clause (2) stands it Our suggestion is that the idea clearly moving would not (contrary to the apparent intention) in the minds of the draughtsmen should be be competent to the Court to grant to the life- developed and applied boldly by including all renter power of sale or other powers. Ap-destinations in liferent and fee on considered

we are now to deal with the 1868 section at all, why not expand it in like manner?

lines. It may be said that that is a field beyond the province of this Bill, and perhaps strictly so it is; but what then about the present Finally, these sections are obscure, as has been application of clause 8 to such cases though there shewn very recently by the clearly indicated is no trust express or constructive, if only the difference of opinion in the seven judges' case far is unborn or incapable of ascertainment? of Crichton-Stuart. What this transported And if it comes to that, how is the abrogation section says is (1) that it shall be competent to of the rule in Frog's Creditors pertinent at all to create a liferent in personal estate in favour only a Trusts (Scotland) Bill? The draughtsmen have of a person in life at the date of the deed; and taken three of the four steps, but apparently in (2) that where personal estate shall, by virtue this case it is to be the last step which costs. of any deed dated after (this ought really to be The steps taken are (1) reversal of Frog; (2) on or after) 31st July 1868, be held in liferent fiduciary fees (at least some) treated and (at by a person of full age, born after the date of least attempted to be) simplified; (3) the like the deed, the right shall be automatically conas to any liferent though there is no fiduciary verted into a fee. There is at least an apparent fee at all, if only the beneficial fee is obscure. hiatus between these two enactments, for what Why then not add (4) any liferent though the is to happen if a prohibited liferent is created beneficial fee is patent! This touches something in favour of a minor? This calls for clearing far more important than pedantic or theoretic sym- up, and the position is still more obscure under metry and simplification of title, for it potently the 1848 sections. appeals to the best interests of the parties, and-even more important-of the property and, therefore, the public interest. Needless We draw attention to the following unto say, it matters not whether it go into this desirable, and very probably harmful, variation Bill or the Conveyancing Bill, but if it is to be of language where the sense is intended to be relegated to the latter, clause 8 would need to identical" unless the contrary be expressed " follow. The exact provisions to be laid down (clause 3); "unless otherwise expressly dewould, of course, require very careful considera-clared" (clause 3); "in the absence of an extion, but there is the helpful guide of the well-press power" (clause 3); "unless otherwise tried English system, designed, and effectual, to keep land in good condition and to make it marketable, with paramount attention to the national needs, and yet with the minimum of inconvenience to individuals. We do not say that direct destinations in liferent and fee are very numerous, but that is no answer on the present occasion, for neither are fiduciary fees very numerous; and clause 8 purports to deal with liferents apart from fiduciary fees, and it does so very defectively.

MINOR MATTERS.

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directed" (clause 6); "unless specially pro-
hibited" (clauses 10, 11); "unless expressly
forbidden" (clause 12); "unless the contrary is
expressed" (clause 12); "unless the terms of
the trust expressly provide" (clause 13); “un-
less authorised by the terms of his trust'
(clause 15); not expressly prohibited" (clause
16); "unless where otherwise expressly de-
clared" (clause 28). The word "expressly
has already caused trouble, and that will not
be lessened by contrasting directions, express
prohibitions.
directions, special directions, forbiddings, and

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Clause 1. As it stands, the recent India 7 per cents. would be excluded.

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RESTRICTION UPON CREATION OF LIFERENTS. This is clause 9 of the Bill, and that is simply a transcript of section 17 of the Entail Act 1868. It deals with personal estate only. It is not Clause 4. Why is (1) (j) limited to debts obvious what advantage accrues from trans-"due to the truster"? Contrast (1). planting the enactment, and no light is obtainable from the memorandum, where no mention is made of this innovation upon the first edition of the Bill. If this transfer is required, why not also transfer the corresponding sections in the Entail Acts 1848 and 1914 which deal with beritage? These latter are at least as well qualified for admission as is section 17 of the 1868 Act; indeed distinctly more so, for section 47 of the 1848 Act applies to trusts only, whereas section 17 of the 1868 Act expressly applies to liferents created "by means of a trust or otherwise."

Further, the 1848 sections applied only to rights created on or after 1st August 1848, but in the 1914 Act this limitation of date is removed in a qualified manner. If, therefore,

Clause 7. This is the quorum clause. parently it has not been in view that its main value will be for the protection of, not the immediate grantee, but subsequent onerous dealers. As it stands, deeds in favour of beneficiaries are excluded from the protection, contrary to the advice of legal bodies. Now how is a subsequent dealer to know that the grantee was a beneficiary? This exception destroys the clause, for all subsequent dealers must assume that any deed may be within the unprotected exception.

Clause 10 (17). Read "approved by the Court for the investment of trust funds," instead of, as at present, "approved for the investment of trust funds by the Court." There is a proviso protecting trustees against English and Irish juris

dictions; this should come in elsewhere so as to apply to all the investment clauses in the Bill. Clause 11. There is a proviso limiting premium risks on investment in colonial stocks. It also should come in elsewhere and be of general application.

Clause 16. Advances of capital, even for education, ought not to be limited to minority. The limitation is contrary to fact, for it is assumed that professional education is included. Clause 17. Supervision orders should cover questions arising in the realisation of the estate. These are often important and difficult, and the defect here pointed out has caused trouble in practice.

Clauses 21, 22, 23. Contrast the condition "incapable of acting by reason of . . . . continuous absence from the United Kingdom for a period of six months" (clauses 21, 22) with the condition "being absent from the United Kingdom continuously for a period of at least six months" (clause 23). It is assumed that in both cases the intention is the same, and certainly the latter expression is the better, for clearly absence for six months may create no incapacity.

Clause 27. This relates to Acts of Sederunt regarding investments. The Court may make regulations (not approving or disapproving investments but) "for enabling the Court from time to time to" approve or disapprove. What does this mean? The reference is to "stocks, funds, or securities," but that does not accord with the terms of head (17) in clause 10. This is the common case of the omission of a quential alteration; head (17) has been altered in the new edition, but the alteration has not been carried forward to clause 27.

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sixty years ago to act as depute to the late Mr Walter M'Culloch of Ardwall, and succeeded the late Mr George Hamilton as Sheriff Clerk in 1891. He served under nine Sheriffs-Principal and five Sheriffs-Substitute. Mr Nicholson was also Justice of Peace Clerk, and held numerous public appointments, besides being a prominent agriculturist. He was well known as a breeder of Clydesdales, and on one occasion won the Cawdor Cup at the Highland Show. Mr Nicholson was eighty-five years of age, and he is survived by three sons and four daughters.

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MERCHANTABLE

Clause 31. The Court ought to have power to FITNESS—INFRINGEMENT OF LAW OF COUNTRY impound the beneficial interest of any instigator IN WHICH GOODS WERE BY THE CONTRACT of, or consenter to, a breach of trust, even OF SALE TO BE CONSUMED though that interest may be alimentary. If the clause stands as it is, any trustee will in such a case have to face a very awkward appeal to the markedly different language of the English law.

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QUALITY-SALE OF GOODS ACT 1893 (56 & 57 VICT. CAP. 71), SECTION 14.-The plaintiffs, a firm in Argentina, raised an action against John G. Webb & Co. Ltd., the manufacturers of Webb's Indian Tonic Water, by whom they had been appointed their sole agents in Argentina for the sale of that water. The plaintiffs bought such consignments of the water as they required at an agreed rate and sold at their own price. The Argentine Public Health Authorities analysed the water and finding it to contain salicylic acid ordered the whole of it to be destroyed or sent out of the country. Held that the defenders, in selling for consump tion in Argentina an article which, whether they knew it or not, infringed the law of that country, were not fulfilling the implied conditions as to fitness under the above-cited section and that the article, being one bought by description from

DEATH OF MR WILLIAM NICHOLSON.—Mr William Nicholson, late Sheriff-Clerk of the Stewartry, died last week at his residence, a seller dealing in goods of that description, was St Mary's, Kirkcudbright, after a lingering not of "merchantable quality" under that illness. Mr Nicholson, who was a native of the section.-K.B. Div. (Bailhache J.).-20th May Dumfries district, came to Kirkcudbright over 1921.

THE LATE MR KENNETH MACDONALD,
SOLICITOR, INVERNESS.

Inverness lost one of its most notable citizens
by the death on 21st July of Mr Kenneth
MacDonald, solicitor, in his seventy-second year.
A native of the town, he spent in it all his long
life, with the exception of a few years of necessary
absence while he completed his professional
experience in the South. Returning to his
native town, he, at an exceptionally early age,
commenced the practice of his profession, and
pursued it with
such zeal and skill
that he soon ac-
quired, as he
throughout life
maintained, over
all the North of
Scotland, the repu-
tation of a zealous
and successful
pleader as well as

a sagacious adviser. For over forty years, besides conducting his ordinary legal business, he held the office of town-clerk of Inverness, and throughout that long period he deservedly enjoyed the confidence of the Council and the community as their legal guide towards the suc

cessful accomplish

of the Antiquarian Society of Scotland, he was deeply versed in the historical and antiquarian learning applicable to the North of Scotland, and his researches contributed not a little to the elucidation of this branch of study. The tribute to his life work and personal worth, which emanated from the bench of the local Sheriff Court on the day of his death, and which was warmly concurred in by his professional brethren of the Faculty of which at his decease he was Dean, was both graceful and appropriate. Recently Mr MacDonald assumed as his

partner Mr George Smith Laing, solicitor and depute town-clerk, Inverness, and their firm of Kenneth MacDonald & Laing continues.

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to the new honorary Sheriff-Substitute, who is himself a member of the legal profession and senior partner in the firm of Messrs Russell & Aitken, writers, Falkirk.

ment of many and important developments of | M. Wilson, Dean of Faculty, extended a welcome municipal activity. In many other ways, both professionally and extra-professionally, he served well, not merely the important urban community with which he was chiefly identified, but the wider community of the Highlands in which he felt so deep an interest. His activities were not confined to his profession: science, education, and social progress claimed and received constant encouragement from him. Possessed of literary skill and taste of no mean order, he found time, amidst professional activities, to write many and miscellaneous articles, chiefly on subjects affecting the Highlands, which were read with interest and instruction by many. A Fellow

PEERAGE FOR THE LORD CHIEF-JUSTICE OF ENGLAND.-The King has been pleased to approve that the dignity of a Peerage of the United Kingdom be conferred upon Sir Alfred Tristram Lawrence, K.C., Lord Chief-Justice of England. Sir Alfred Lawrence was appointed Lord Chief-Justice in April last, and succeeded the Earl of Reading. Born in 1843, he was called to the Bar in 1869. In 1885 he was

made Recorder of Windsor, holding that position until appointed to the King's Bench Division in 1904.

LORD CHIEF-JUSTICE OF NORTHERN IRELAND. -It was officially announced from 10 Downing Street recently, that the King has been pleased to approve of the appointment of the Rt. Hon. Denis Stanislaus Henry to be Lord Chief-Justice of Northern Ireland, pursuant to Schedule 7, Part 3, of Government of Ireland

Act 1920.

THE Annual General Meeting of the Society of Procurators and Solicitors of Forfarshire (Forfar District) was held in the Library, Sheriff Court Buildings, Forfar, last week. The Dean (Mr MacHardy, Forfar) made a feeling and appropriate reference to the sad and sudden death of Mr Alexander Lyell of Gardyne, solicitor, Montrose, who was admitted as a procurator in 1878, and who during the whole of his active professional and public life was highly esteemed throughout Forfarshire and Kincardineshire for his business abilities, his integrity, and his urbanity. The meeting unanimously resolved, on the motion of the Dean, to minute an expression of the loss sustained by the Society through Mr Lyell's death, and of their sincere sympathy and condolence with deceased's widow and family in their bereavement. The Dean also drew attention to the fact that the ViceDean (Mr James Davidson, Kirriemuir) will attain his professional jubilee in September next, and in connection with this matter a remit was made to the Dean's Council.

The funds of the Society were found to be in a healthy condition, and the membership was reported to be 36-an addition of 2 since last meeting.

Mr MacHardy and Mr Davidson were unanimously re-elected Dean and Vice-Dean respectively, and Mr Hay, Forfar, was re-elected Secretary and Treasurer. The following were appointed the Dean's Council: Messrs Martin, Montrose; Macdonald, Arbroath; Wilkie, Kirriemuir; Kinghorn, Brechin; and Wyllie, J. W. Lowson, and J. F. Myles, Forfar. The Library Committee, of which Mr Wyllie, Forfar, is Convener, was re-elected.

A discussion took place as to the present unsatisfactory state of the law with regard to procurators for the poor, and the secretary was instructed to communicate with the Members of Parliament for the county and the Montrose Burghs respectively on the subject.

It was resolved to nominate the following gentlemen as Procurators for the Poor for the ensuing year for Forfar Division, Messrs Hay, Anderson, and Wyllie (the last-named to act only as reporter on remits as to probabilis causa litigandi); for Montrose, Mr Findlay; for Brechin, Mr Guthrie; and for Kirriemuir, Mr Ogilvy.

INCORPORATED SOCIETY OF LAW AGENTS IN SCOTLAND.-A meeting of the Council was held in Edinburgh on 21st July, the President (Mr Patrick Cooper, Aberdeen) in the chair. A report dealing with the proposed revision of the Table of Fees was submitted and, after several amendments had been made thereon, was adopted. The president was instructed to ask the Deputy-Keeper of the Signet to convene a meeting of representatives of the leading legal societies to consider the proposals in the report. The secretary reported that he had sent copies of the completed report of the Law of Diligence Committee to the principal legal societies, and he submitted the replies which he had received. The Society of Writers to the Signet proposed that an application should be made to the Secretary for Scotland to appoint a departmental committee to consider the whole subject of the law of diligence, and it was resolved to join in the proposed application. The president stated that he had communicated with the W.S. Society, the S.S.C. Society, and the Glasgow Faculty, requesting their concurrence in a proposed representation with a view to getting solicitors included in the category of persons to whom commission should be allowed on conversions of Government stocks, and that these societies had agreed to take part in the representation. He further stated that, on the recent announcement of a new bond issue, telegrams had been sent on the behalf of the societies to the Chancellor of the Exchequer and the Treasury, urging the allowance of commission to solicitors, as also to the Law Society of England asking their support, but the application had not been successful. The president also stated that the Law Society of England had been asked to join in the memorial to the Treasury in regard to future issues. The Council approved of the steps taken. The convener of the Bills Committee submitted a brief report on the Draft Special Scheme for Employees in the Legal and Accountant Professions under the Unemployment Insurance Act. The secretary submitted a letter from the secretary of the Scottish Professional Assistants Society enclosing correspondence with the Ministry of Labour regarding the proposed scheme. The Council were of opinion that the expiry of the deficiency period must be awaited before the scheme could be proceeded with. The proof of a memorial to the Lord President at the instance of the principal legal societies was approved of, and the secretary was instructed to send copies to these societies for approval, prior to the presentation of same. Mr George J. Sheriff, solicitor, Dunfermline, was admitted a member of the Society. It was agreed that the annual meeting of the Society be held in Aberdeen, about the end of September or early in October.

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