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THE LATE MR ROBERT RUSSELL,

WRITER, PAISLEY.

Mr Russell, whose death occurred recently, was by far the oldest legal practitioner in Paisley, and as senior partner of a firm widely known in the West of Scotland, possessed one of the largest practices in the district.

Mr Russell, who was in his eighty-fourth year, was born in Paisley in June 1837. His early education took place at the Grammar School in Paisley, and he subsequently proceeded to Glasgow University. Along with his brother Thomas, he carried on business from 1873, an association which lasted for forty years until the death of his brother in 1913. From the former date he was appointed agent for the Clydesdale Bank, a post which he held till his death, and in that former year, 1873, he was appointed Procurator-Fiscal of the Burgh of Renfrew, a position which he held until a few years ago. In 1891 his fellow solicitors in Paisley honoured

him with the appointment of Dean of the Society. An interesting appointment he held amongst others was that of clerk to the Old Weavers' Society of Paisley, and for half a century he acted as clerk to the Managers of Canal Street U.F. Church, of which he had been a member for sixty-four years.

Mr Russell was esteemed by all who knew him as a shrewd and far-seeing practitioner and as a sagacious adviser. His probity and business acumen were much appreciated and widely known.

Mr Russell had really no hobbies. He was passionately devoted to his work and in the carrying out of those duties which his several

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tary and Treasurer Mr John Reid. It was resolved to present a prize from the Society to the University Class of Accountancy and Business Method. Mr Leslie M. Worling was admitted a member of the Society.

AT a Special General Meeting of the S.S.C. Society-Mr William Considine, the President, in the chair-Mr George Millar Nicolson, 2 Queen Street; Mr John Graham Rose, 27 Rutland Street; and Mr John Newlands Wilson, 21 St Andrew Square, were admitted members of the Society.

CLYDEBANK TOWN COUNCIL have appointed Mr J. W. Johnston, Depute Town-Clerk, to be Town-Clerk in succession to the late Mr John Hepburn. Mr J. W. Smart, solicitor, has been chosen as Depute Clerk.

Council heard with regret of the deaths of the following members-Messrs Gabriel Alexander, Stewarton; James Burns, Town-Clerk, Motherwell; and Joseph Martin and W. D. Robertson, Glasgow. Messrs. J. Crawford Boyd, Stewarton; W. F. Small and John M. Scrimgeour, Dundee ; and Thomas M. Stewart, Glasgow, were admitted members of the Society.

LAW AGENTS' EXAMINATIONS.-The following candidates have passed the Examination in Law held in Edinburgh on 24th, 25th, 26th and 27th ultimo, viz. John Baird, Edinburgh; Henry Barton, Glasgow; James John Sinclair Black, Edinburgh; Robert Malcolm Blair, Glasgow; John Boyd, M.A., LL.B., Glasgow; Donald Rose Cameron, Glasgow; David Foote Chalmers, Perth; Alexander Cruickshank, B.L., Glasgow ; David Edwards, M.A., LL.B., Edinburgh; Charles Fraser, Milngavie, Dumbartonshire; FISHERY BOARD FOR SCOTLAND.-The King Harry Grant, Edinburgh; Peter William Gordon has been pleased, on the recommendation of the Gunn, Edinburgh; Peter Ratcliffe Jacobs, Secretary for Scotland, to approve of appointGreenock; James Irvine Keir, Edinburgh; ments being made constituting the Fishery Hugh Cameron Mackintosh, Anstruther; Grant Board for Scotland as follows for a period of Joaquin Mitchell, B.L., Uddingston, Lanark five years from 21st January 1921, viz.: Mr shire; George Steel Morrison, Broxburn, Lin- David T. Jones, C.B.E., while continuing to lithgowshire; James Hendrie Munro, Edinburgh; hold his present office as secretary to the Board, William Hamilton Rodger, Hamilton; Nathan to be a member and chairman; Mr William Simon, B.L., Edinburgh; Alexander Smith, Lyon Mackenzie, K.C., Sheriff of Ayrshire, to Newmilns; Joseph Watt Milne Smith, Dun- be legal member and deputy chairman; Profermline; Robert Stephen, Edinburgh; James fessor D'Arcy Wentworth Thompson, C.B., to Stevenson, Glasgow; Robert Speir Taylor, be scientific member; Sir John K. Irvin, K.B.E. ; Kilmaurs, Ayrshire; David Greig Wallace, Sir Malcolm Smith, K.B.E.; Mr Duncan Maciver, Edinburgh; David Scott Chalmers Watson, Stornoway; Mr William Miller, Wick. Edinburgh; Thomas Douglas Watt, Edinburgh; Robert Alexander Young, Glasgow.

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CARE OF CHILDREN: PROPOSED CHANGES INCORPORATED SOCIETY OF LAW AGENTS IN IN LAW.-The Secretary for Scotland (Mr SCOTLAND.-A meeting of Council was held at Robert Munro, K.C., M.P.), who was Edinburgh on 20th January, Mr Patrick Cooper panied by the Lord Advocate (Mr T. B. Mori(the President) in the chair. The President son, K.C., M.P.) and Dr George Macdonald, reported as to the joint meeting of Legal C.B., in his chambers in Parliament Square, Societies and Public Bodies held with reference Edinburgh, on Friday of last week, received a to the service of English writs out of the jurisdic- deputation from the Scottish National Society tion, as to the motions proposed and adopted at for the Prevention of Cruelty to Children on that meeting, and as to the steps which were the subject of the amendment of the Children to be taken with the view to having the new Act 1908. The question of the status of the Rules of the Supreme Court of England modified illegitimate child was also introduced, and a so far as they affected Scotland. The secretary deputation was present from the Women's submitted correspondence as to the proposed Citizens' Association, Glasgow. A memorandum Memorial on the Reform of Legal Education. giving in detail a series of proposed amendments The Council approved of the memorial being amplified and submitted to the Lord President of the Court of Session. The Council remitted to Mr J. A. M'Killop, the Vice-President, to report on the subject of the compulsory audit of trustees and executors' accounts for consideration at next meeting of Council. Mr Norman MacPherson, S.S.C., submitted report from the Law of Diligence Committee on proposed amendments of the Law of Diligence which the Council resolved to communicate to the other legal societies. Mr C. T. Nightingale reported on enquiries which he had made with reference to assistants in law offices falling under the Unemployment Insurance Act. He stated that the secretary of the Scottish Professional Assistants Society had a memorandum on this subject in preparation for submission to the Incorporated Society and other societies. It was agreed to await the receipt of this memorandum before taking any further steps. The

to the Children Act was presented to Mr Munro. Mr Munro, in reply, said they had touched on a wide range of problems, and with regard to the Children Act he was glad to find-and he agreed with them-that it had been a most valuable statute. They had now had experience of its operation for thirteen years, and not only its good qualities but its defects had been revealed. As regards legislation to amend the Act, it might be difficult to do anything in that direction at once. On the question of the status of the illegitimate child he quite agreed that the law was by no means perfect, and that it was capable of much improvement. But they were dealing with United Kingdom topics, and therefore he had to consider not only his own view but he had to confer with the Home Secretary in regard to any legislation which might be mooted. Being convinced of the desirability of amending the law in certain directions under both heads,

he would undertake to see the Home Secretary and confer with him, and, if possible, arrange to set up a committee to examine the whole subject. On the motion of Lady Marjorie Mackenzie, Mr Munro was thanked for receiving the deputation.

FACULTY OF PROCURATORS AND
SOLICITORS IN DUNDEE.

CENTENARY CELEBRATION.

The members of the legal profession in Dundee last week celebrated a notable event in their corporate history. A large company assembled in the Royal British Hotel at the centenary dinner of the Faculty of Procurators and Solicitors in Dundee, which was incorporated by Royal charter in 1820. Mr H. A. Pattullo, Dean of the Faculty, presided, and Mr C. C. Duncan, Vice-Dean, officiated as croupier.

Sheriff Neish, in the absence, owing to indisposition, of Sheriff-Principal Sir John M. Lees, proposing "The Faculty of Procurators and Solicitors in Dundee," said the charter granted to the Faculty by King George IV. in 1820 proceeded on the preamble that twenty years ago the writers of Dundee had formed themselves into a society for the purpose of their own and the public advantage.

The objects of the society were in the first place, he said, the establishment of a library, and, in the second place, to give assistance to decayed members of the profession and the widows and orphans of those who might have died leaving very little. Naturally the first care of the Faculty seemed to have been its library, and he thought they might congratulate themselves now that their library had grown into a really useful and goodly heritage.

The Faculty had a very good record, both on the side of professional interests and on the social side. From the professional point of view, and in the interests of the public, it was of the greatest advantage to the solicitors in Dundee to have a strong and active Faculty. In these days legislation, he said, was a very slipshod and haphazard performance. He suggested that if every Sheriffdom in Scotland had strong legal Faculties, and they made representations either individually or through the larger Society of Solicitors in Scotland, their opinions would have real weight.

His experience, now of thirty years, was that lawyers were really not ungenerous or jealous people. Certainly in his own branch of the profession he could affirm that that was not so, and he had never seen anything to shew him that it was different in the other branches of the profession.

At the same time there was no question about it, that differences and difficulties would always arise. These could be best settled and the rough edges knocked off by intercourse with

themselves, not only in business but outside business. From what he had seen since he came to Dundee, he thought they had an active Faculty; they had inherited from their forbears a very goodly heritage, and it was up to them to see that that heritage was carried on in a fitting manner.

The chairman replied, and at the outset thanked Sheriff Neish not only for his remarks in proposing the toast but for all he had done since he came to Dundee to maintain the best traditions of an honourable office. Their charter was dated 29th December 1820 and was sealed at Edinburgh on 12th March 1821. The first meeting of the Incorporated Society was held on 22nd March 1821.

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Time forbade him to refer to all the Preses, and he would mention only a few names. Boyd Baxter held office continuously from 1867 to 1882. He died in that year after having been Procurator-Fiscal in Dundee for the long period of fifty-seven years. Amongst his successors one found the names of J. W. Thomson, David Small, William Hay, D. S. Littlejohn, Sir Thomas Thornton, J. P. Kyd, Robert Smith, and John Scrimgeour-all men of high standing in their profession. They had given at least three Provosts to the cityDavid Rollo, William Hay, and Sir James Urquhart.

It was forty years since he (the chairman) joined the Faculty, and most of the members of that period were not now with them. He thought the leading pleaders in the Court in these days were Mr J. J. Johnstone, fortunately still left with them; Mr J. D. Grant, Mr J. P. Kyd, and Mr Thomas Moor; while the orator of the Bar was without doubt the late Mr Archibald Paul.

In 1820 there were 30 writers in practice in Dundee. The original members of the Faculty whose names were given in the charter were 16, and there were now 95 members on the Faculty Roll.

Mr John Mitchell in a humorous speech proposed "The Sheriffs of the County."

Hon. Sheriff-Substitute J. C. Buist, in reply, said the stipend attached to the office was not what was known as a living wage, and therefore he did not pretend that that was his sole profession. While he only retained a very vague recollection of the predecessors of Sheriff Cheyne, he had the honour of knowing quite well that very courteous and learned gentleman. They all remembered their genial and respected Sheriff Campbell Smith, and now they had Sheriff Neish, who, he thought, need fear no comparison with any of those who reigned before him.

The toast of "Our Guests" was proposed by Mr C. C. Duncan, and acknowledged by Mr Patrick Cooper, president of the Incorporated Society of Law Agents in Scotland.

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'University College" was given by Mr C. J. Bisset, and replied to by Principal J. Yule Mackay.

Mr W. D. Macdougall proposed "The City of Dundee."

Lord Provost Spence, in reply, said the trouble in Dundee was the fault of the people who ruled the city 100 years ago. Aberdeen had left the old city on the Don and built a new city on the Dee. Edinburgh had built a new city across the bridges, but Dundee, rightly or wrongly, had insisted upon rebuilding the city on the old site.

Correction.-In connection with the paragraph in last week's issue regarding an interim Auditor of the Court of Session consequent on the death of Mr J. Smith Clark, the interim Auditor appointed is Mr George Patterson Graham.

ACT OF SEDERUNT ANENT ENFORCEMENT OF ORDERS FOR PAYMENT OF EXPENSES UNDER SECTION 3 OF THE HOUSING (SCOTLAND) ACT 1920.

EDINBURGH, 4th February 1921.

The Lords of Council and Session, under and by virtue of the powers conferred by subsection (6) of section 3 of the Housing (Scotland) Act 1920, do hereby enact and declare that:

An application for leave to enforce an Order of a Tribunal for payment of expenses pronounced by a Tribunal under section 3 of the said Act may be granted by the Keeper of the Register of Deeds, Protests, etc., in the Books of the Lords of Council and Session for the time being, and such leave may be given by a docquet thereon in the form set out in the Schedule hereto annexed or in any form to the like effect and thereupon any such Order may be registered in the said Register, and an extract thereof may be issued containing a warrant for all lawful execution thereon in ordinary form.

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And the Lords direct this Act to be entered in the Books of Sederunt and to be printed and published in common form.

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ACT OF ADJOURNAL

RELATIVE TO THE MENTAL DEFICI ENCY AND LUNACY (SCOTLAND) ACT 1913 (3 & 4 GEO. V. CAP. 38).

At Edinburgh, the second day of February one thousand nine hundred and twenty-one.

Present

The Right Hon. The Lord Justice-General.
The Right Hon. The Lord Justice-Clerk.
The Hon. Lord Dundas.
The Hon. Lord Salvesen.
The Hon. Lord Mackenzie.
The Hon Lord Skerrington.
The Hon. Lord Cullen.
The Hon. Lord Ormidale.
The Hon. Lord Hunter.
The Hon. Lord Anderson.
The Hon. Lord Sands.

The Lord Justice General, Lord Justice-Clerk and Lords Commissioners of Justiciary, considering that by the Act of 3 & 4 Geo. V. cap. 38, entitled the Mental Deficiency and Lunacy (Scotland) Act 1913, it is by section 9 thereof provided, inter alia: "(1) Where a person is charged with any offence punishable in the case of an adult with penal servitude or with imprisonment, . . . . and the Court is of opinion that the charge is proved, . . . . the Court, if it appears to it that such person ... is a defective within the meaning of this Act may, without proceeding to convict, adjourn the proceedings and report the case to the local authority concerned, or to the Procurator-Fiscal with a view to the presentation of a petition by them or him for a judicial order under this Act, provided that for the purposes of this Act, a person shall be deemed to be a person found guilty of an offence where the Court is of opinion that the charge is proved," and considering further that it is necessary and expedient to make provision in manner underwritten for the procedure to be followed in applying the said Act, do therefore by virtue of all the powers vested in them to that effect, hereby enact and declare as follows, viz.:

I. (i) Where a person accused of any such offence, as is defined in section 9 of the said Act, intends at his trial to maintain, in case the Court shall be of opinion that the offence with which he is charged is proved against him, that he is a "defective" within the meaning of the said Act, and ought to be dealt with in manner therein provided for, it shall be a condition of his being allowed so to do that he shall give notice of his intention to adopt this course in

the form and manner hereinafter provided :

(a) if he be committed to prison until liberated in due course of law, within seven days from the date of the warrant so committing him,

or

(b) if he be admitted to bail without being committed to prison until so liberated, then within seven days from the date of his liberation on bail. (ii) Every such notice shall be in writing signed by or on behalf of such accused person, shall specify under which of the four classes of persons deemed to be defectives under section 1 of the said Act the accused is alleged to fall, and may be in the form of the Schedule hereto annexed. It shall be delivered or sent by registered letter addressed to the Clerk of the Court by which the accused has been committed as aforesaid, or by interlocutor of which bail has been allowed (as the case may be); and a duplicate of such notice. shall also within the time hereinbefore specified be delivered or sent by registered letter to the prosecutor. (iii) Such notice shall be accompanied by a list of the names and addresses of the witnesses whom the person accused proposes to examine at the trial to prove that he is a defective within the meaning of the said Act; provided, however, that the Court may, in its discretion permit other or additional witnesses to be examined by him at the trial in substitution for, or in addition to the witnesses so notified, subject always to the conditions as to notice and otherwise contained in section 36 of the Criminal Procedure (Scotland) Act 1887.

(iv) The provisions of the three foregoing subsections shall not apply to summary prosecutions. (v) Nothing herein contained shall be held to prejudice the right of an accused person to lead, for any purpose other than the application of the said Act, any evidence as to his mental condition which it would be competent for him to lead according to existing law and practice. II. In any case in which the proceedings have been adjourned and the case has been reported to the Procurator-Fiscal under the statute, he shall report to the Clerk of Court quam primum the

result of the proceedings on the petition presented by him for a judicial order under the Act.

III. If at any diet to which the proceedings shall have been adjourned as aforesaid, the presiding judge shall be satisfied on a report from the Fiscal that a judicial order applying to the pannel has been made under the said Act, he may, on his own initiative, or on the motion of the prosecutor, discharge the diet against the pannel simpliciter. IV. If at any diet to which the proceedings shall have been adjourned as aforesaid, the presiding judge shall be satisfied that the Sheriff to whom a petition for a judicial order applying to the accused person has been presented in terms of the said Act by the Procurator-Fiscal to whom the case has been reported has refused to make such order, then such judge may proceed in respect of the verdict of the jury returned and recorded at the diet from which the proceedings have been adjourned, to find the accused "Guilty (as libelled or otherwise) in conformity with the verdict, and to convict and sentence him in common form. V. In any case in which a judicial order shall be made against such an accused person under the provisions of section 9 of the said Act, the verdict of the jury (or, in summary proceedings, the finding of the judge) that the charge has been proved, in whole or in part, against the accused shall not-except to the extent and for the purpose prescribed by the said Act-be deemed to be a finding of "Guilty" against the accused, nor shall the accused be deemed to have been "convicted" of the offence charged against him. VI. This Act of Adjournal shall come into force at the date of its passing, and the Lords appoint this Act of Adjournal to be printed and published in "The Edinburgh Gazette."

J. A. CLYDE, I.P.D.

SCHEDULE.

FORM OF NOTICE.

A. B. (designation), accused at the instance of X. Y. (designation), on a charge of.... hereby gives notice that at his trial he intends to maintain that he is a "defective," within the meaning of the Mental Deficiency and Lunacy (Scotland) Act 1913, in respect that he is ("an idiot," or "an imbecile," or "a feeble-minded person," or "a moral imbecile "-as the case may be) as defined in section 1, subsection ((a), or (b),

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