THE LATE MR GEORGE HART, WRITER, PAISLEY. We regret to announce the recent death of Mr George Hart, one of the best-known writers in Paisley. Mr Hart was born in Paisley in 1839, and received his early education there. His legal apprenticeship was served in the office of the late Mr John Anderson, writer and Burgh Fiscal. Subsequently Mr Hart attended law classes in Glasgow and Edinburgh Universities, and was for some time engaged in the office of a solicitor before the Supreme Courts in Edinburgh. In 1861 he was admitted a member of the Faculty of Procurators in Paisley, becoming Mr Anderson's partner in business and ultimately succeeding that gentleman as Burgh Fiscal. This office he held FACULTY OF ADVOCATES. The Anniversary Meeting of the Faculty of Advocates was held on 19th January in the Advocates' Library, the Dean of Faculty (Mr A. H. B. Constable) presiding. The Faculty officials for the ensuing year were appointed as follows: Dean of Faculty, Mr Andrew Henderson Briggs Constable, C.B.E., K.C.; Treasurer of the Faculty and of the Chalmers Trust, Mr John Cowan, O.B.E., K.C.; Keeper of the Library and Clerk of Faculty, Mr W. K. Dickson, LL.D.; submitted and approved. Auditor, Mr William Home Cook, C.A.; Mr W. G. Normand and Mr J. R. Wardlaw Burnet were appointed Reporters on Probabilis Causa, and the following Members of Faculty were appointed Counsel for the Poor: Mr J. P. Grant, junr., Mr M. G. Fisher, Mr R. J. Wallace, Mr H. St Clair Reid, Mr Charles Mackintosh and Mr J. O. Taylor. The election of a Vice-Dean will take place on 26th January. The reports of various Faculty Committees were The report by the Curators of the Library is most interesting, and in especial the list of individual donations of MSS. and books received by the Library. Among these we note with interest the presentation by Lady Guthrie of a valuable Greek manuscript on vellum, containing the works of the Archimandrite Dorotheus and other Byzantine theologians, which belonged to the late Lord Guthrie. This is a fine manuscript of the tenth or eleventh century, written in cursive Greek, with many initials in gold, and a few chapter headings in gold and colour. It was bought by Lord Guthrie in Athens in 1906. With the exception of the well-known tenth с century manuscript of Martial it is the oldest book in the Library. Two other notable items among Lord Guthrie's books are a copy of the "Psalms of David in Prose and Meeter (Edinburgh, 1635)-the book known as "Knox's Liturgy"—and a copy of John Reynolds' "Triumph of God's Revenge against Murther" (London, 1679). Lady Guthrie has also presented the material collected by Lord Guthrie for a projected book on the Scottish judges. By way of contrast and as shewing the range of donations to the Library, we note the presenta tion by the Foreign Office of an almost complete set of the confidential reports on the economic conditions in enemy countries, which were prepared for the use of His Majesty's Government during the war, and which are now of great historical interest. NEW SHERIFF-SUBSTITUTE OF CAITHNESS. The King has been pleased, on the recommendation of the Secretary for Scotland, to approve the appointment of Mr Alfred Martin Laing, advocate, to the office of Sheriff-Substitute of Caithness, Orkney, and Zetland at Kirkwall, in room of Mr John Swan Mercer, who has been appointed Sheriff-Substitute of Renfrew and Bute at Greenock. NEW DEPUTY-LIEUTENANT FOR EDINBURGH. -With the approval of His Majesty the King, Lord Provost Chesser, Edinburgh, has granted a commission to Sir George M. Paul, W.S., LL.D., Deputy-Keeper of His Majesty's Signet in Scotland, as a Deputy-Lieutenant of the County of the City of Edinburgh. MR L. C. BOYD, solicitor, Ayr, has been appointed Secretary and Treasurer of St Nicholas Golf Club, Prestwick, in succession to Mr Gordon Lockhart, who has resigned. MR R. G. SLORACH, Sheriff-Clerk of Lanarkshire, has appointed Mr George Wills, of the Sheriff-Clerk's Office, Glasgow, to the position of Sheriff-Clerk Depute at Airdrie, in succession to the late Mr Alexander Crawford. For thirty years Mr Wills has been in the Sheriff-Clerk's department in Glasgow, and for a long time he has been in charge of the criminal department. MESSRS GRAHAM, JOHNSTON & FLEMING, W.S., 4 Albyn Place, Edinburgh, have assumed as a partner Mr George A. Wright, solicitor, who has been their principal assistant for a number of years. MESSRS WILSON, CHALMERS & HENDRY, writers, 40 St Vincent Place, Glasgow, intimate that they have assumed as a partner Mr Alan R. Ranken, who for some time has been associated with them in their business as managing clerk. The business will be carried on at the above address under the existing firm name. WE note that Mr Hillhouse, solicitor, Ayr, has assumed Mr William S. Corbett, solicitor, Ayr, as a partner. Mr Corbett served his apprenticeship in Mr Hillhouse's office. Removing to Glasgow, he was, for several years, in the conveyancing and trust department of the office of Messrs Colledge & Guy, writers there, during which time he attended the law classes at Glasgow University, qualifying in 1912. On the outbreak of war, Mr Corbett volunteered for military service, and on demobilisation he entered the office of Messrs Bannatyne, Kirkwood, France & Co., writers, Glasgow, where he has also been employed in the conveyancing and trust department. The business will now be carried on under the firm name of Messrs Hillhouse & Corbett, solicitors, Ayr. Mr WE regret to announce the death at 56 Dick Place, Edinburgh, in his eighty-fourth year, of Mr Alexander Young Pitcairn, W.S. Pitcairn was a well-known partner of the firm of Pitcairn & Mather, W.S. He was a son of the late Rev. Thomas Pitcairn, who was Free Church minister of Cockpen. After an early education at Edinburgh Academy and the completion of his law apprenticeship, he was admitted to the Society of Writers to the Signet as long ago as 1861. For some years, owing to his great age, he was unable to devote the same time to business which he had been accustomed to do during the course of his long professional SUCCESSION WILL CONSTRUCTION ANNUITY FORFEITURE" ATTEMPT TO ASSIGN OR TO BECOME BANKRUPT " BANKRUPTCY ON PETITION OF CREDITOR. A testator directed his trustees to pay an annuity to his son "unless he attempts to assign it or to become bankrupt. In these events it shall be entirely optional upon my trustees to pay him the said annuity, my wish and intention being that the money is to be for his personal use to keep him from want." A month before the testator made his will his son, to his knowledge, became bankrupt on a creditor's petition and was still undischarged when the testator died seven years later. Held that nothing had occurred to cause a forfeiture as the words used were, if literally construed, free from ambiguity, and that therefore the annuity fell to be paid to the trustee in bankruptey although probably the testator's intention was to prevent such a thing happening. Court of Appeal (Lord Sterndale M.R., Warrington and Younger L.JJ.).-19th May 1920. Wyndham v. Inland Revenue Commissioners. REVENUE INCOME TAX SUPER-TAX—HUSBAND AND WIFE SEPARATE ASSESSMENTSSUPER-TAX ASSESSED AT RATE APPLICABLE TO COMBINED INCOME-DEATH OF HUSBAND DURING YEAR OF CHARGE-FINANCE ACT 1912 (2 & 3 GEO. V. CAP. 8), SECTION 6-FINANCE ACT 1914 (4 & 5 GEO. V. CAP. 10), SECTION 9 (1) (a) (ƒ). -An application was made under section 9 of the Finance Act 1914 for the separate assessment of a husband and wife to super-tax, and in terms of section 9 (1) (f) the super-tax payable on the combined income was divided between the husband and wife in proportion to their respective incomes. The husband died during the year of charge and the wife claimed to have the rate of super-tax payable by her assessed at the rate applicable to her separate income, and that the provisions of section 6 of the Finance Act 1912, under which, where a person liable to super-tax dies during the year of charge, a part only of the year's super-tax, proportionate to the part of the year which has elapsed before the date of death, shall be payable, applied to the total super-tax payable on the combined income of herself and her husband. Held that the rate of assessment could not be altered and that section 6 of the Finance Act 1912 applied only to the duty payable by the husband.K.B. Div. (Rowlatt J.).- 2nd June 1920. own name and the name of the applicant for their due proportion. On the same day the company allotted to the sub-underwriter his proportion of the shares underwritten. Before he had received notice of the allotment he wrote to the company withdrawing his application. He thereafter brought a motion to rectify the company's register of shareholders by removing his name. Held that the trust had an irrevocable authority to apply to the company on behalf of the applicant, and that he was not entitled to have his name removed from the register of shareholders under section 32 (1) (a) on the ground that it had been entered without sufficient cause. Decision of P. O. Lawrence J. (1920 S.LT. 99) affirmed.-Court of Appeal (Lord Sterndale M.R., Warrington and Younger L.JJ.).—3rd June 1920. a ERASURE OF WORDS BEFORE EXECUTION—AMBIGUITY.-The original draft of a will contained claim in the following terms: "I give the following legacies [to be paid out of the money standing to my credit at the National Provincial Bank of England, Bishopsgate, E.C., and not out of any other moneys, namely]" "Then followed a list of the legacies, and the will proceeded: "I give to (a named beneficiary), in addition to the legacy which I have already given to her, the undisposed of balance which may be to my credit at the said bank after paying thereout the legacies lastly herein before mentioned." Before the will was executed the testatrix directed her solicitor to strike out the words printed within brackets, and they did not appear in the copy of the will admitted to probate. The testatrix had balances at several banks in addition to the bank referred to. Held that the original draft might be looked at for the purpose of explaining the words "the said bank." In re The Olympic Fire and General Re-Insurance Chan. Div. (Astbury J.).—3rd June 1920. Co. Ltd. COMPANY REGISTER OF SHAREHOLDERSRECTIFICATION OF REGISTER-COMPANIES (CONSOLIDATION) ACT 1908 (8 EDW. VII. CAP. 69), SECTION 32.-A sub-underwriting letter, agreeing to subscribe for a certain number of shares in a company whose share issue, inter alia, had been underwritten by a trust, was handed to the trust. The letter stated that the subunderwriter was handing to the trust an application for the shares underwritten and that the contract between him and the trust should be irrevocable by the sub-underwriter. No written application for the shares was in fact handed to the trust, but a cheque for the amount payable as deposit was handed to the trust. The shares of the company were not all applied for by the public and the trust applied verbally in their Steers v. Midland Railway Co. RAILWAY-CARRIAGE OF GOODS-PASSENGER'S LUGGAGE THEFT LUGGAGE DEPOSITED IN COMPARTMENT CONTROL OF COMPANY. A passenger, who had booked a sleeping-berth in a sleeping-car on the defendants' railway, having arrived at the station of departure more than an hour before the train was due to start, allowed his luggage to be placed in the sleeping compartment by a porter, on receiving an assurance from one of the railway company's inspectors that it would be perfectly safe. He then left the station and on his return found that the luggage had been stolen. Held that the defendants had taken control of the luggage and were liable for its loss.-K.B. Div. (Lush J.).—7th June 1920. Phillips v. Kershaw, Leese & Co. Ltd. WORKMEN'S COMPENSATION-DEATH OF WORKMAN-PARTIAL DEPENDENCY-DEATH OF DEPENDANT-CLAIM BY REPRESENTATIVES-AMOUNT OF AWARD-WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SCHEDULE I. (1). -A workman who was killed by accident left a widow and child both partially dependent on him. The widow died less than four weeks after her husband. A claim for compensation was made by the widow's legal personal representative, a daughter by a former marriage, and by the child. The claim was for £300, of which £250 was claimed by the widow's representative, and £50 was claimed by the child as a dependant. The claimants also asked for apportionment of the sum of £250 equally between them. The workman's average weekly wage was £3, and the County Court judge awarded £250 on the basis of partial dependency but made no apportionment. Held that, as the widow had only survived her husband for four weeks, the award of £200 to her representative could not stand; that the award of £50 to the child was influenced by the fact that she would be entitled to half of the sum awarded to the widow's representative; and that the case must be sent back to the arbitrator for reassessment.-Court of Appeal (Lord Sterndale M.R., Atkin and Younger L.JJ.).-10th June 1920. LAW LIBRARY. BOOK NOTICE. Owner or Occupier? By the Rt. Hon. Lord Clyde, Lord Justice-General. Edinburgh and Glasgow: Wm. Hodge & Co. Ltd. Price 1s. Those who heard the learned and philosophic address delivered by Lord Clyde at the opening meeting of the current session of the Scots Law Society will be grateful to have it available in pamphlet form reprinted from the pages of a legal journal in which it has already appeared. The address, which dealt with feudal tenure and its relation to leases, was so full of matter and so finely finished in form that it could hardly be appreciated as it deserved in a single hearing even by the most careful listener. duction will also serve to extend the circle of those who derive pleasure and profit from its study. The philosophic discussion of land tenure and the historical review of the growth of feudal rights have seldom been set forth in so pleasing a form. To those who heard it delivered and to those who did not we recommend the Lord President's masterly essay as worthy of careful study. Its repro 11572.-Brito Steam Blowers Ltd., 57 Bothwell Street, Glasgow (private company), to acquire the benefit of certain inventions for improvements in or relat ng to steam cleaners these. Capital-£2500 in £50 shares. for boiler tubes and the letters patent granted in respect of 11573.-Brown's Motor Accessories Ltd., 18 Bothwell Street, Glasgow (private company), to take over the business of wood or timber merchants. Capital-£1000 in £1 shares. 11575.-Scottish Adanac Tyres Ltd., 42 Frederick Street, Edinburgh (private company), to carry on the business as manufacturers of tyres, motor, mechanical, electrical, and general engineers, etc. Capital-£100 in £1 shares. 11574.-The Musselburgh Woodworking Co. Ltd., 41 Millhill, Musselburgh (private company), to carry on the business of wood or timber merchants. Capital-£1000 in £1 shares. 11576.-Aitken Service Ltd., 20 George Street, Edinburgh (private company), to carry on business as experts in advertising, to act as consultants on advertising, and publicity agents and commission agents, and to acquire the business of advertising agents at present carried on by Mr Charles Stewart Burgon at above address, under the name of the Forum Advertising Agency. Capital-£2000 in 7600 shares of 5s. each, and 100 shares of £1 each. Correspondence. To the Editor, A Court of Criminal Appeal. SIR,-Professor Lewis' lecture, as appearing in your issue of 30th October 1920, is very interesting, and, if one may say so, well-informed. Where an English lawyer may be inclined to part company with him is when he concludes that the results of the statute of 1907 "have been most beneficial." In fact, they have been nearly nil. There was a very sufficient Court of Criminal Appeal before-the Court for Crown Cases Reserved, staffed by five judges. Certainly, it dealt only with questions of law and the rules of evidence-but, as Mr Lewis admits, the new Court seldom if ever rehears the case or reviews the facts. The idea prevailing at the time the Court was established, that it would serve to correct the mistakes of juries, such as occurred for instance in the Beck case, has been totally exploded. The sole real function of the Court has been to do the work of the old Court for Crown Cases Reserved: with this improvement, that the Court below can no longer refuse to "state a case." If 157 "appeals were heard in 1913, that makes about four a week. One would be surprised to find that much fewer "cases stated" were disposed of per week in 1906. The Criminal Judicial Statistics would soon clear up the point. But I should still inquire in what respect has the Act been "most beneficial." It has been very injurious in one detail-we are now deprived of the reasons of the minority judges, even (I think) in the Lords. It is difficult to see why.-Your obedient servant, TOKIO, 9th December 1920. TH. BATY. EDITORIAL NOTE.-The Editor will be pleased to consuggestions from Subscribers which will serve to make the sider Articles on Legal Subjects and will welcome any S.L. T. more useful to the Bar or Profession. right, and the Court of Session adhered to his DAVID JAMES MACKENZIE, ADVOCATE, judgment (Bruce v. Smith, 1890, 17 R. 1000). LATE SHERIFF-SUBSTITUTE OF LANARKSHIRE AT GLASGOW, The announcement, lately made, that Mr David J. Mackenzie, Sheriff-Substitute of Lanarkshire at Glasgow, had resigned, was received with great regret by the legal profession in Scotland. Mr Mackenzie was born in 1855, so he is not a terribly old man. He comes of a long line of northern ancestors, a son of an eminent architect in the ancient city of Elgin. He tells of those of his forebears who bore arms as officers in the army for a period of over a century. He can speak of one in particular whom he himself knew who fought at the battle of Aboukir. Mr Mackenzie was educated at schools in Elgin and Aberdeen, and at the Universities of Aberdeen and Edinburgh. He was admitted a member of the Faculty of Advocates in 1879. He had a little practice, but was fortunate in being appointed Sheriff Substitute at Lerwick when he in In 1891 he went to Wick-not much promotion, one would think-but it certainly placed him nearer the centre of things. In 1902 he was promoted to Kilmarnock, where he served till 1914, when he was advanced to be a SheriffSubstitute of Lanarkshire at Glasgow. In these various spheres of business he earned the highest opinion of the practitioners who practised before him, and of the public. But Mr. Mackenzie's title to fame does not depend alone upon his judicial work. He is, and always has been, a man learned in literature and accomplished other arts. So long ago as 1883, at the time of the tercentenary of the University of Edinburgh, he wrote a play which was performed in public and was received with much applause. Since then he has written many papers in literary magazines and journals. A delightful little volume, "Byeways among Books," has come from his pen. He has written and published verse of much published. No member of the Scottish Bar is more learned in languages, both of the East and the West. His magnum opus is still awaited; but in his retirement it is sure to come. He is a weighty man in every way-in law, in literature, and in fact. had only been about six years at the Bar. | merit-a volume just lately. He has made While in Shetland he was held in high esti- translations from foreign tongues-mostly unmation by the community there. He had some troublous times, notably when there was great difficulty after the passing of the Crofters Act. Riots and raids were apprehended, and in some cases occurred. Mr Mackenzie's tact in dealing with difficult situations helped largely to keep the peace. During his time in Lerwick he determined one most important case; the question involved being whether the laird of the land had a right to participate, according to an alleged old Shetland custom, in the profits He has no form of recreation outside of literaderived from the capture of whales. Sheriff ture. He has been known to play golf, and he Mackenzie decided that the laird had no such is said to have fished. He walks, as far as he can. He can use a pencil as well as a pen, and can fill in his pencil sketches with colour. He can paint heraldically as well as any pursuivant or herald. d |