SHIP CAUSED BY RISK NOT COVERED BY POLICY —NON-LIABILITY OF INSURER FOR UNREPAIRED DAMAGE.-Where ship damaged by a risk insured against is totally lost before repair, during the currency of the policy, by a risk not covered thereby, held that the insurer is not liable for such unrepaired damage. Decision of Court of Appeal (1919 S.L.T. 96) reversed.-House of Lords (Lord Birkenhead L.C., Viscount Finlay, Lord Shaw of Dunfermline, Lord Moulton, and Lord Sumner).-30th July 1920. DECISIONS IN THE ENGLISH London General Insurance Co. Ltd. v. General INSURANCE—MARINE INSURANCE-DUTY TO DISCLOSE MATERIAL CIRCUMSTANCE UNKNOWN CIRCUM ΤΟ BOTH ASSURED AND INSURER Attwood v. Lamont. RESTRAINT OF TRADE-AGREEMENT WITH NO LIMIT OF DURATION BY SERVANT NOT TO COMPETE IN ANY OF HIS EMPLOYER'S BRANCHES OF BUSINESS WITHIN RADIUS OF TEN MILES-VAL IDITY—SEVERABILITY.-Agreement by tailor's cutter, engaged to act as assistant in tailoring department of a business, not to engage in business at any time within ten miles of his employer's place of business as tailor, dressmaker, draper, or in various other branches of MARINE INSURANCE ACT 1906 (6 EDW. VII. the clothing trade. Subsequent setting up as CAP. 41), SECTION 18 (1), (3), (6).—A casualty tailor within the radius. Held that the agreewas posted at Lloyd's and a casualty slip intimat- ment as a whole was void as being unreasonably ing occurrence of a fire on an insured ship was wide and in restraint of trade, and was not sent to the insurers, who did not read it and severable so as to be limited to tailoring only. thereafter effected reinsurance with the defenders, Decision of K.B. Div. reversed.-Court of Appeal who had also received but had not read a similar (Lord Sterndale M.R., Atkin and Younger casualty slip. Held, in an action on the reinsur-L.JJ.).-30th July 1920. ance policy, that the insurers must be deemed to have known of the casualty and that it was their duty to have disclosed it to the reinsurers. Decision of Bailhache J. (1920 S.L.T. 140) affirmed. - Court of Appeal (Lord Sterndale M.R., Warrington and Younger JJ.). 29th July 1920. Fowle v. Monsell. DEFENCE OF THE REALM FOOD CONTROL ORDER SPIRITS (PRICES AND DESCRIPTION) ORDER 1919, ARTICLE 4 (A)-DEFENCE OF THE REALM REGULATIONS 2F NEW MINISTRIES Hamer v. Inland Revenue Commissioners. REVENUE-EXCESS PROFITS DUTY-CAPITAL OF A TRADE OR BUSINESS OTHER THAN MONEY -ASSETS NOT ACQUIRED BY PURCHASE-PATENT MATERIAL ASSET CAPITAL VALUE DATE FOR COMPUTATION FINANCE (NO. 2) ACT 1915 (5 & 6 GEO. V. CAP. 89), SECTION 40, SCHEDULE IV., PART III., RULES 1 (C) AND 3.Where an inventor takes out a patent and himself works the patented appliance, its value for the of computing the excess profit of purpose AND SECRETARIES ACT 1919 (6 & 7 GEO. V. the business must be estimated as at the time CAP. 68), SECTIONS 3, 4.-Under the Defence when the patented appliance was introduced of the Realm Regulations and sections of the into the business and not at a figure based upon New Ministries and Secretaries Act 1919, cited the value which it subsequently proved to have. above, it is intra vires of the Food Controller to-K.B. Div. (Rowlatt J.)-13th October 1920. fix maximum price of whisky.-K.B. Div. (Bray, Sankey, and Salter J.J.).—29th July 1920. buting it by post, and had printed it, held that there had been publication by the printer sufficient to support a conviction under the Act cited above.-K.B. Div. (Lord Reading C.J., Darling and Acton JJ.).—18th October 1920. The "Marie Leonhardt." INTERNATIONAL LAW-WAR - OUTBREAK ENEMY SHIPS IN PORT OF BELLIGERENT-DAYS OF GRACE. In the absence of reciprocal agree ment, there is, in international law, no right for enemy ships in the ports of a belligerent at outbreak of war to depart either forthwith or after a reasonable number of days of grace.-Prob., Div., and Adm. Div. (Sir Henry Duke P.).— 19th October 1920. Scrutton, Sons & Co. v. Attorney-General for Trinidad DOCKS-FLOATING DOCK MOORED IN BAYBUOY PLACED BY DOCK AUTHORITIES TO MARK SHOAL WATER-SHIP DAMAGED BY CONCEALED AND UNKNOWN ROCK OUTSIDE BUOY WHEN MANŒUVRING TO ENTER DOCK-LIABILITY OF DOCK AUTHORITIES.-Where a ship, manoeuvring in a bay to get into position to enter a floating dock, struck, outside a buoy placed by dock authorities, a concealed and unknown rock, held that the dock authorities gave no warranty as to the safety of the waters adjacent to the dock. Decision of Supreme Court of Trinidad affirmed. -Judicial Committee of Privy Council (Lord Dunedin, Lord Atkinson and Dutt J.).--19th October 1920. Curtis's & Harvey (Canada) Ltd. v. North British and Mercantile Insurance Co. Ltd. INSURANCE-FIRE INSURANCE CLAUSE IN POLICY EXCLUDING CLAIMS FOR LOSS CAUSED BY EXPLOSIONS OF MATERIAL USED ON THE PREMISES INTERPRETATION. Where a highexplosives factory, completely destroyed by a fire and the resulting explosions, was insured under a policy containing the clause "warranted free of claims for loss or damage caused by explosion of any of the materials used on the premises," held that the warranty applied to explosions whether causing or caused by a fire and that an enquiry must be held to assess the proportion of damages attributable to fire and explosions respectively. Decision of K.B. of Quebec (Appeal side) affirmed.-Judicial Committee of the Privy Council (Viscount Haldane, Viscount Cave, Lord Dunedin, Lord Atkinson, and Dutt J.).—19th October 1920. The "Tolla." CHARTER-PARTY SHIP DIVISION OF EXPENSES OF SHIP BETWEEN OWNER AND CHARTERER MASTER PROCURING PAYMENTS FOR NECESSARIES ON OWNER'S CREDIT WITHOUT DISCLOSING THAT CHARTERER WAS LIABLE. When the master of a foreign vessel procured from shipbrokers payments for necessary expenses of the ship, without informing them that under the charter-party, these fell on the charterer, held that the brokers were entitled to rely on the apparent right of the master to pledge his owner's credit.-Prob., Div., and Adm. Div. (Hill J.).-28th October 1920. Mitchell v. Davies. CONTRACT-BAILMENT FOR REWARD-GOODS SENT TO TRADESMAN TO BE MADE UP-FINISHED GOODS LEFT WITH HIM WITH HIS CONSENTWHETHER TRADESMAN WAS AT THE TIME A GRATUITOUS BAILEE.-Furs had been sent to a tailor to make up into a coat. When the work was done, the tailor informed the owner that the coat was ready, but retained it in his shop at her request. It was thereafter stolen through his negligence. Held that the tailor was still a bailee for reward and therefore answerable for negligence though not gross.-K.B. Div. (Swift J.).-29th October 1920. LESS THAN THAT STATED IN CHARTER PARTY— DAMAGES. A steamer was described in a charter-party "[gross net register] supposed to carry 600 tons-but no guarantee given-deadweight on Board of Trade summer freeboard, inclusive of bunkers." Her carrying capacity was found to be only about 500 tons owing to her carrying 100 tons permanent cement ballast. Held in an action for damages by the subcharterers against the charterers and the charterers against the owners that in each case the plaintiffs were entitled to damages on the ground that the full reach and burden of the ship as constructed was not made available to them.-K. B. Div. (Rowlatt J.).—2nd November 1920. FRAUDED BANK FROM THIRD PARTY-VALUABLE prising, for the whole chapter of our law on the CONSIDERATION—TRACEABILITY OF THE MONEY. subject is not large, and the half-dozen Scots -Through fraudulent use of his employer's cases referred to in the volume cannot be added cheques, an employee transferred money from to greatly. Mr Constant's aim is to sketch the his employer's bank account to his own in whole law touching the subject, and it is a useful another bank, and thereafter give it to a third guide for the non-professional reader. The party, not for valuable consideration. The third lawyer, although he will find it helpful too, will party lodged it with a third bank, paying into have often to probe deeper into the matter her account only money thus received. Held discussed by the author. The reference to the that the money was traceable and that the defence of compulsory pilotage (p. 74) is misleaddefrauded bank was entitled to recover it.-ing in the present state of the law. Careless Court of Appeal (Bankes, Scrutton, and Atkins L.JJ.).-5th November 1920. Wagner v. West Ham Corporation. NEGLIGENCE-TRAMWAY AUTHORITY-TRAM CAR STARTED FROM STOPPING PLACE BY PAS SENGER-LIABILITY OF TRAMWAY AUTHORITY FOR RESULTING INJURY.-Where an accident occurred through a passenger starting a tram from a stopping place by ringing the starting bell during the absence of the conductor, held that the tramway authorities were not liable on ground of negligence.-K.B. Div. (Rowlatt and M'Cardie JJ.).-9th November 1920. Selvage v. C. Burrell & Sons Ltd. WORKMEN'S COMPENSATION-ACCIDENT-INCAPACITY CAUSED BY SERIES OF MINOR ACCIDENTS WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 1 (1).-Where a workman was incapacitated as the result of a series of poisonous cuts and scratches received while manipulating an appliance for finishing copper articles, held that though no particular instance could be adduced as the "accident" causing the incapacity, the workman was not therefore precluded from receiving compensation.-Court of Appeal (Lord Sterndale M.R., Warrington and Scrutton L.JJ.).—17th November 1920. LAW LIBRARY. The Law Relating to the Mortgage of Ships. By When the Scots lawyer says, with a superior air, "We don't have mortgages in Scotland," he forgets about ships. The omission is not sur citations abound-"Gaetana for "Gaetano," "W. F. Stafford" for "W. F. Safford"; "Giulbert" and "Giubert," for "Guibert." Barr v. Cooper, cit. 2 Rettie 14, should be a House of Lords reference; Baron Parke used to spell his name with an "e." As well as chapters on the formation and priorities and liens as affecting mortgages, and discharge of mortgages the author deals with there is a convenient summary of the law of foreign countries from Norway to Greece. The book is compact and handy as a sketch, if it is not all-sufficient for the lawyer. JOINT-STOCK COMPANIES IN SCOTLAND. The following have been registered for week ending 4th February: 11600 W. & J. Dunlop, Ayr (private company), to acquire the business carried on by Messrs W. & J. Dunlop, as hide, skin, fat and wool brokers, at Dumfries and Racks. Capital-£5000 in £1 shares. 11601-Mackinnon Ltd., 12 Newton Terrace, Glasgow (private company), to acquire the business of Miss Mary Mackinnon, milliner and outfitter, in Glasgow. Capital£20,000 in £1 shares. 11602-Symington & Arthur Ltd., Airdrie (private company), to carry on business as general contractors, engineers, builders, ironmakers, steelmakers. colliery proprietors, chemical and manure manufacturers, distillers, timber merchants, shipowners, etc. Capital-£20,000 in £1 shares. 11603-Centrifugal Castings Ltd. (private company), to carry into effect an agreement entered into between Glenfield & Kennedy, Kilmarnock, and others, and to manufacture and deal in ferrous and non-ferrous castings by and connected with centrifugal action, etc. Capital-£35,000 in 25,000 preferred ordinary shares of £1 each, and 10,000 ordinary shares of £1 each. 11604-Norwest Electrical Manufacturing Co. Ltd., Meadow Road, Motherwell (private company), to carry on business as electrical engineers, electrical machine makers, metal workers, etc. Capital-£5000 in shares of £1 each. 11605-Blackley, Inglis & Co. Ltd., Sandyhills, Shettleston, Glasgow (private company), to carry on the business of iron and steel merchants and agents. Capital-£20,000 in £1 shares. 11606-Westwood & Smith Ltd., Sinton House, Gorgie, Edinburgh (private company), to take over business of motor engineers there. Capital-£5000 in £1 shares. 11607-The Aberdeen Tug Co. Ltd. (private company), to carry on business as shipowners, ship brokers, insurance brokers, etc. Capital-£5000 in £1 shares. EDITORIAL NOTE.-The Editor will be pleased to consider Articles on Legal Subjects and will welcome any suggestions from Subscribers which will serve to make the S. L. T. more useful to the Bar or Profession, ACT OF ADJOURNAL RELATIVE TO THE SEX DISQUALIFICA At Edinburgh, the second day of February one thousand nine hundred and twenty-one. Present The Right Hon. The Lord Justice-General. The Hon. Lord Ormidale. The Hon. Lord Hunter. The Hon. Lord Anderson. ment relating to juries shall have effect so as to accord with the provisions of this Act": and of the Interpretation Act 1889 (52 & 53 Vict. further considering that by virtue of section 14 cap. 63) the expression "Rules of Court" as regards Scotland includes, inter alia, Acts of Adjournal: And further considering that by the Jurors (Enrolment of Women) (Scotland) Act 1920 (10 & 11 Geo. V. cap. 53) it is, inter alia, provided by section 1 (i) that "the enactments relating to the qualification of jurors and the manner of making up any roll or list of persons who are qualified and liable to serve as jurors in Scotland shall apply to women in like manner as they apply to men," and that provision is made accordingly in the manner set forth in the said Act for the preparation of Jury Lists; and that it is further provided by section 2 of the said Act that "without prejudice to the powers conferred by section one of the Sex Disqualification (Removal) Act 1919, the High Court of Justiciary by Act of Adjournal, .... may And finally considering that by an Act of Adjournal dated sixth December one thousand nine hundred and twenty, the said Lords made and enacted certain Regulations for the purpose of adapting such enactments accordingly and for regulating the preparation of Jury Rolls in manner therein set forth; and that for the carrying into effect of the said recited Acts it is necessary and expedient to make provision further regarding the matters specified in section one of the said Sex Disqualification (Removal) Act 1919, hereinbefore first recited (hereinafter referred to as "The Act"): make any regulations necessary to carry this Act into effect as regards criminal. . . . jury The Lord Justice-General, Lord Justice-Clerk, trials, and may by such regulations adapt the and Lords Commissioners of Justiciary, consider-provisions of any enactment so as to make them ing that by section 1 of the Sex Disqualification conform with this Act": (Removal) Act (9 & 10 Geo. V. cap. 71) it is, inter alia, provided that "a person shall not be disqualified by sex or marriage from the exercise of any public function . . . and a person shall not be exempted by sex or marriage from liability to serve as a juror provided that. . . . (b) any judge, chairman of quartersessions, recorder or other person before whom a case is or may be heard may, in his discretion, on an application made by or on behalf of the parties (including in criminal cases the prosecution and the accused) or any of them, or at his own instance, make an Order that the jury shall be composed of men only or of women only as the case may require, or may, on an application made by a woman to be exempted from service on a jury in respect of any case by reason of the nature of the evidence to be given or of the issues to be tried, grant such exemption"; and that by the same section it is further, inter alia, provided that "Rules of Court may be made:"(a) Prescribing the manner in which jurors are to be summoned and to be selected from the panel; and (b) Exempting from attendance as jurors any women who are for medical reasons unfit to attend; and "(c) As to the procedure to be adopted on any application under this section relating to service on juries": and that by section 4 (2) of the said Act it is provided that ". any other enactment, Order in Council, Royal Charter, or provision, so far as inconsistent with the provisions of this Act, shall cease to have effect, and any enact Do therefore, by virtue of the powers conferred upon them by the said recited Acts, and of all other powers to that effect vested in them, hereby enact, provide, and declare as follows: A. SUMMONING OF JURORS. ASSIZE. LISTS OF I. Where according to the existing law and practice a List of Assize falls to be returned upon requisition of the Clerk of Justiciary for a criminal trial or trials in which the second diet is to be held before the High Court of Justiciary, or falls to be prepared by the Clerk of the District where the second diet is to be held in cases in which the second diet is to be in a Sheriff Court, the following provisions shall apply, viz. : (i) Where according to the existing law and practice the number of jurors in any list to be requisitioned by the Clerk of Justiciary would not exceed 65 in the appointed to be held in a Sheriff Court, shall, in preparing the same, include such equal number of women as of men therein as shall seem to him to be reasonably sufficient to ensure the attendance of a number of jurors of each sex so as to provide a jury of that sex only, if such should be required for the trial of such case or cases. (vii) A husband and wife shall not be returned in any case on the same List of Assize. B.-JURY OF MEN ONLY, OR OF case of a list for a sitting of the High Court in Edinburgh, or 45 in the case of a list for a sitting of the High Court on Circuit, the Clerk shall in future make requisition for a return of such a number of jurors-not exceeding double the number requisitioned by him according to the present law and practice, and not fewer than 90 in the case of a trial at Edinburgh falling under the provisions of the Act of Adjournal of 22nd June 1831, nor fewer than 60 where 45 would presently be requisitioned, and in the like proportion in other cases-as he may deem requisite and the Sheriffs responsible for making the return shall return II. Any application by a prosecutor or by a such increased number accordingly, person accused in terms of subsection (a) of the returning as nearly as possible the proviso to section 1 of the Act for a jury of names of men qualified according to men only, or of women only, must be made at the law in force prior to the passing the first (pleading) diet immediately after the of the said Acts to the number of one-recording of a plea or pleas of "not guilty" (or half of the total number requisitioned where no plea is taken because of preliminary and the names of women now corre- objections held by the Sheriff not to be frivolous, spondingly qualified to the extent of then immediately after such objections have been the remainder of such total number. certified by the Sheriff under section 29 of the (ii) Where according to the present law and Criminal Procedure (Scotland) Act 1887, or practice a number of jurors in excess otherwise disposed of by him). An entry of the numbers specified in the preced- recording the making of the application shall ing subsection is in use to be requisi- be entered on the record copy of the indicttioned, the Act of Adjournal or the Lord ment, and signed by the presiding Sheriff. Commissioner of Justiciary making the direction for the return shall specify the number of jurors to be returned and of the number so specified, men and women respectively shall be returned as nearly as may be equally. (iii) Of the total numbers of men and women respectively included in any such return, the proportion of those of each sex qualified to be special jurors shall be the same as that of men so qualified according to the law and practice heretofore in use. (iv) The provisions of any existing Acts of Parliament or Acts of Adjournal regulating the proportions in which jurors are to be drawn from the various districts included in any area for which a return is made by a Sheriff, shall extend to and be observed in the return of women as well as of men. (v) In making his return the Sheriff shall group the men and women respectively returned by him separately, by placing their names in different columns, or in some other convenient manner; and in each case he shall distinguish between special and common jurors in the manner at present in use. (vi) The Clerk charged with the preparation of any List of Assize for a trial or trials of which the second diet is III. If the second diet is appointed to be held in the Sheriff Court, and the judge presiding at the first diet is a Sheriff having jurisdiction to try the case, he may, if so advised, forthwith deal with the application in the manner in which as hereinafter provided it may be dealt with by a judge of the Court of the second diet, or he may at his own instance make an order as to the composition of the jury in respect of sex conform to the said subsection, and in that case his decision shall be recorded as aforesaid and shall be final; or he may reserve consideration of the question to be dealt with as aftermentioned. IV. In all cases in which such an application shall be made as herein before provided for, but not dealt with by the judge presiding at the first diet in terms of the immediately preceding section-after transmission of the record copy of the indictment in terms of sections 28 or 29 of the Criminal Procedure (Scotland) Act 1887, or on receipt of the telegraphic intimation of the presentation of an application hereinafter provided for, the Clerk of Justiciary, or the Clerk of the Court of the second diet shall, on the third lawful day after the date of the first diet submit the report of the proceedings at the first diet to a Lord Commissioner of Justiciary, or, where the second diet is in a Sheriff Court, to a Sheriff having jurisdiction to try the case, who shall deal with it as follows: (i) The application shall be disposed of by him summarily in Court, or in Cham |