REPARATION-WRONGOUS ARREST-POWER OF The Ammonia Soda Co. Ltd. v. Chamberlain. ATED.-A ship was on a voyage from Archangel to Hull with a cargo of wood. The charter-party CONSTABLE TO ARREST ON SUSPICION-LICENSING contained an exception of the King's enemies. ACT 1872 (35 & 36 VICT. CAP. 94), SECTION 12. While she was crossing the Firth of Forth on -Decision of Bailhache J. (supra p. 56) varied. the voyage to Hull a German submarine forced-Court of Appeal (Swinfen Eady, Bankes, and the crew to take to the boats, and took possession Warrington L.JJ.).-6th November 1917. of the ship, exploded a bomb on board, and left her waterlogged. The crew believed the ship was sunk. One of the owners then wrote to charterers stating that the ship and cargo were lost. The ship was ultimately taken to Leith, where the Receiver of Wrecks took charge of her. A limited company paid a dividend out of Held that the shipowners had expressed their the net profits of its trading in a given year. inability to perform the contract of affreightment, Held that the company had not acted illegally and that the charterers were entitled to treat although its paid-up capital was not intact and the contract as repudiated and to claim the although losses incurred in previous years had cargo at Leith without paying freight. Decision not been made good. of Sankey J. (supra, p. 62) affirmed.-Court of affirmed.- Court of Appeal (Swinfen Eady, Appeal (Pickford and Bankes L.JJ., diss. Warrington, and Scrutton L.JJ.)-7th November Sargant J.).—30th October 1917. Moore & Gallop v. Evans. INSURANCE-WAR-LOSS OF GOODS- GOODS ON SALE OR RETURN-IMPOSSIBILITY OF RETURN. -English jewellers insured certain pearls under a Lloyd's policy against loss "from any cause whatever." They were consigned before the war to firms in Brussels and Frankfort on approval, or sale and return. When last heard of the pearls were in a bank under the control of the consignees, who could not deal with them in consequence of war conditions. There was no evidence that the pearls had been injured, or had been confiscated by the German Government. Held that the insurers could not recover as for a loss under the policy. Decision of Court of Appeal (supra, p. 28) affirmed.-House of Lords (Lord Atkinson, Lord Parker of Waddington, Lord Parmoor, and Lord Wrenbury). 1st November 1917. COMPANY-DIVIDEND-PAYMENT OF CAPITAL. 1917. The Decision of Peterson J. LAW LIBRARY. BOOK NOTICES. Parliament House Book for 1917-1918. The shadow of this year's edition of The Parliament House Book is slightly less than that of its predecessors, for the division which formerly dealt with local government has been omitted (the statutes being published separately in The Councillor's Manual), and the new statutes are neither numerous nor long. But it is still the most useful and the cheapest law book in existence. We have made a malignant search for mistakes, but have been unable to find any. WE have received a selection of Messrs Waterston & Sons' Scots Diaries for 1918. Those which are of special interest to the legal profession are the "Scots Law Diary," a pocket diary and engagement book, and the "Accountants' and Solicitors' Diary," which is intended for office use. The other diaries will appeal to looked appeal to men of business and the general public. INTERNATIONAL LAW-WAR-PRIZE-ENEMY CHARACTER OF GOODS PASSING OF PROPERTY.-The enemy character of goods seized as prize is determined by the property, not by the risk. The property to be looked for is the general property, as opposed to THE LATE MR D. M. MACKINTOSH, SHERIFF-CLERK OF SELKIRKSHIRE. By the death, on 8th November last, of Mr Donald MacAndrew Mackintosh, Sheriff-Clerk of Selkirkshire, the county of Selkirk lost a trusted, efficient, and popular official, and the burgh of Selkirk a good friend and highly esteemed citizen. Mr Mackintosh was born at Clashmore, in Sutherland, sixty-three years ago, and was trained in the office of the Sheriff-Clerk of Inverness. In 1879 he came to Selkirk as Depute to the late Mr Alexander Rutherford, writer, Galashiels, who then held the position of Sheriff-Clerk. Mr Mackintosh remained Depute until Mr Rutherford's resignation in 1895, when he was appointed Sheriff-Clerk, an office he held up to the time of his death with great acceptance, not only to the members of the profession, but also to all those whose concerns brought them into contact with him officially. Mr Mackintosh's connection with the Borders thus extended over the long period of thirty-eight years, but he never lost his love for his native county and remained throughout a true Highlander. Mr Mackintosh's official position prevented him from entering, as he might otherwise have done, into the public life of the community, but he always took great interest in all its concerns. He was one of the original members and an ex-captain of the Selkirk Golf Club, and a member of the first local Cyclists' Club; he was a member and honorary treasurer of the Choral Union; and, if not an ardent, at least an interested, member of the Curling and Bowling Clubs; for many years he acted as secretary to the Farmers' Club; for a number of years he was a Trustee and latterly Chairman of the Ettrick Forest Savings Bank. To the success of these he greatly contributed by his tact, urbanity, and generosity. He remained a bachelor till 1904, when he married the widow of SheriffSubstitute Harper, by whom he is survived. At the Sheriff Court held shortly after Mr Mackintosh's death Sheriff Smith paid the following tribute to his memory: "It has been well said that 'in the smooth working of the judicial machine there is no more important official than the Clerk of Court.' We all know how true that is, and we also know how smoothly the machine has worked here owing to the way in which Mr Mackintosh discharged his duties. He was thoroughly well versed in all the details of his work, scrupulously careful to see that everything was correct, and firm in insisting that procedure should be followed in accordance with the prescribed regulations. But he was never a mere bureaucrat. His innate High land courtesy and kindness of heart saved him from becoming a slave to red tape. His time and experience were always at the disposal of those who needed his help and he made it his business to see that no one suffered through ignorance. This was particularly remarkable in the case of those who were acting without professional assistance. I have been impressed with the amount of trouble he would take in such cases. He seemed to consider himself as if he were acting, not so much as an official, but as a trustee, taking as much interest in their affairs as if they were his own." SITTINGS of the High Court of Justiciary will be held as follows: Dundee, 9th January 1918; Aberdeen, 11th January 1918; Perth, 15th January 1918. Lord Johnston and Lord Hunter will be the presiding Judges; Mr William Mitchell will be Advocate-Depute, and Mr George A. Slight will be Clerk of Court. THE Lands Valuation Appeal Court which was to have been held yesterday has been postponed until next Thursday. THE latest list of causes standing for hearing in the House of Lords includes fourteen appeals, of which eleven are from England and three from Scotland. The Scots appeals are British Columbia Farms Association v. Stewart; Houston v. Burns; and Oakbank Oil Co. Ltd. v. Love & Stewart Ltd. In addition, the following Scots appeals are awaiting judgment:-North British Railway Co. v. Birrell; Charles R. Davidson & Co. v. Officer; Glendinning v. Board of Agriculture for Scotland; and Glasgow and South-Western Railway Co. v. Boyd & Forrest. Thursday, 21st March, to Wednesday, 3rd April, Thursday, 4th April, to Wednesday, 17th April, Lord Johnston. Thursday, 2nd May, to Monday, 13th May, Autumn Vacation. Sunday, 21st July, to Saturday, 3rd August, Lord Dundas. Lord Skerrington. Lord Sands. Sunday, 15th September, to Saturday, 28th September, Sunday, 13th October, to Monday, 14th October, Christmas Vacation, 1918-19. First week Lord Salvesen. Belmont, Midlothian, took place in Edinburgh on 8th December. He was sixty-five years of age, and death resulted from acute pneumonia. Mr Hope, who was a son of Mr James Hope of Belmont, married a daughter of Admiral Sir William Edmonstone of Duntreath. He was a Writer to the Signet, but did not practise. He acted as Registrar of Estate Duties for Scotland for a number of years, and retired in 1903. He was a member of the Royal Company of Archers, King's Body Guard for Scotland, and a Justice of the Peace for Midlothian. WE regret to record the death of Mr J. Murray Lawson, S.S.C., Edinburgh, which took place on 27th November. Mr Murray Lawson was the senior partner of the firm of J. & G. Murray Lawson, W.S., and conducted a large practice chiefly consisting of family and trust business. His eldest son, who is a partner of the firm, has been wounded, and his second son was killed at Salonica about a year ago. His third son, who is a captain in the R.A.M.C., has been at the front since the outbreak of war. Mr Murray Lawson was a member of the council of the S.S.C. Society, and was an elder in Morningside Parish Church. MR W. R. C. MURDOCH, solicitor, Glasgow, has been appointed secretary to the Glasgow District Committee of the Scottish National Society for the Prevention of Cruelty to Children. THE FACULTY OF PROCURATORS IN The half-yearly meeting of the Faculty of Procurators in Glasgow was held on 6th December in the Library Hall, St George's Place, Glasgow-Mr John A. Spens, Dean, in the chair. Mr Andrew Herbert Aspin, M.A., writer, 105 West George Street, and Mr Charles George Elder, writer, 141 Bath Street, were admitted members of Faculty. The Dean referred to the deaths of Mr Arthur Alison, advocate, who joined the Faculty in 1861, and of Mr John Fleming, who had joined in 1867, and also of Mr David Cook, a comparatively young member. The Dean pointed out the difficulties in Scotland in handling Government stocks, and reminded the meeting that in 1915 a representative committee, on which the Faculty was represented, had been appointed to try to get these difficulties removed. This committee had on the whole succeeded in attaining its objects, and the grievances have been or will shortly be removed; and he reported the arrangements made with the Treasury. It had to be observed THE death of Mr James Edward Hope of that Treasury regulations were still required to THE King has been pleased to approve of Mr Justice Darling being sworn a member of the Privy Council. give full effect to these arrangements, and it was unfortunate they had not been issued before the Martinmas term. On his motion, seconded by Dr Mackenzie, the following resolution was adopted: "That it be by this general meeting of Faculty resolved that it is expedient in the national interest to encourage Scottish investors in Government stocks, including National War Bonds, that H.M. Treasury without delay publish the regulations required to remove the inconveniences suffered by Scottish investors in handling such stocks, in accordance with the undertaking of the Chancellor of the Exchequer on the subject, and which in the opinion of the Faculty are necessary for the object in view." The clerk was instructed to send a copy to the Chancellor of the Exchequer and to the Governor of the Bank of England. The Dean further pointed out that in this matter the public and the profession were in debted and owed much of their success to Mr G. W. Currie, M.P. for Leith Burghs, and on his motion, seconded by Mr Gillies, a vote of thanks to Mr Currie was unanimously adopted. The following representatives on the governing bodies of public trusts were appointed: The Scott Scholarship and Scott Bursaries, Mr Andrew Millar Bannatyne; the Royal Technical College, Glasgow, Mr Henry Bowie Fyfe; Glasgow Maternity Hospital, Mr James Fleming, LL.B.; Anderson's College of Medicine, Mr Andrew Acworth Mitchell; the Ure Elder Fund, Mrs D. M. Alexander, Mrs Arthur Whitson, Mr Archibald Craig, LL.B., and Mr John Stewart Robertson, LL.B.; the Victoria Infirmary, Mr James Ness, LL.B.; Glasgow Royal Infirmary, Mr William Gillies and Mr Allan M'Lean; Glasgow Branch of the Council to Combat Venereal Disease, Mr Alexander Crosbie Turner; Glasgow and West of Scotland Commercial College, Mr David Bruce. It was remitted to a committee to consider and report to next annual meeting of Faculty as to the mode of nominating members to fill the office of Dean, and to make suggestions for improving the procedure. DECISIONS IN THE ENGLISH COURTS. Speyer Brothers v. Rodrigues. WAR-PARTNERSHIP-ALIEN ENEMY-PARTNER CHARTER-PARTY-FRUSTRACHARTER-PARTY FOR TION OF ADVENTURE VOYAGE AT TIME RATE-RETURN OF HIRE PAID IN ADVANCE.-A Greek steamer was hired as from 30th November 1916 for a voyage-hire to be paid monthly in advance. Under the charterparty, if the steamer were lost or missing, hire not earned was to be repaid to the charterers. The exceptions clause included restraints of princes, rulers, and peoples. On 2nd December 1916 the ship was detained by the British Government because she was a Greek ship, and she was not released till 10th February 1917. On 12th December 1916 the charterers gave notice terminating the charter-party. Held (1) that the detention of the ship amounted to a frustration of the adventure, and that the contract was dissolved either on 2nd or 12th December 1916, but (2) that the charterers were not entitled to repayment of hire paid in advance prior to the dissolution of the contract. Decision of Atkin J. (supra, p. 71) affirmed.-Court of Appeal (Pickford and Bankes L.JJ., and Sargant J.).-13th November 1917. Heilgers & Co. v. Cambrian Steam Navigation Co. Ltd. SHIPPING LAW-TIME CHARTER-FRUSTRATION -ACTION AT INSTANCE OF FIRM.-A partnership consisted of six partners, one of whom was a German who was entitled to onefortieth share of the profits. The firm made a loan to the defendant and a sum of nearly OF ADVENTURE-REQUISITION BY ADMIRALTY. £30,000 became due in February 1914. The-In August 1914 a ship was chartered for a firm was dissolved by the outbreak of war, and period of fifteen months, beginning in December the assets were taken over by the partners other | 1914. In October 1915, when there were about four and a half months of the charter-party to run, the ship was requisitioned by the Admiralty. Held on the evidence that the adventure had been frustrated, and that the hire payable by the Admiralty belonged wholly to the owners of the vessel. Judgment of Horridge J. (supra, p. 67) affirmed.-Court of Appeal (Pickford and Bankes L.JJ., and Sargant J.).—13th November 1917. Tozer v. Viola. OF ORIGINAL LESSEE LANDLORD AND TENANT-EMERGENCY LEGIS-SOLIDATION) REGULATIONS, REG. 39 BBB. LATION—ASSIGNATION OF LEASE-DETERMINA-Regulation 39 BBB of the Defence of the RegulaTION OF TENANCY BY ASSIGNEE DISCHARGE tions made under the Defence of the Realm COURTS (EMERGENCY Consolidation Act 1914, and the New Ministries POWERS) (AMENDMENT) ACT 1916 (6 & 7 GEO. and Secretaries Act 1916 empowers the Shipping V. CAP. 13), SECTION 2.-A lessee assigned his Controller to requisition any ships in order that lease to an assignee, who agreed to indemnify they may be used in the manner best suited for the cedent. In 1916 the assignee, who had the needs of the country. The Shipping Conjoined the Army, obtained an order from the troller made an Order formulating a scheme County Court under the Courts (Emergency whereby he requisitioned certain ships, the Powers) (Amendment) Act 1916 authorising him owner's services, and the profits of the ships. to determine the lease, which he subsequently Held (1) that Regulation 39 BBB was intra vires did. The order of the County Court provided and valid, but (2) that it did not empower the that the rights and liabilities of third parties | Shipping Controller to requisition the owner's were not to be affected. The lessor was, but the services, and (3) that the scheme was ultra vires original lessee was not, represented in the County and invalid.-K. B. Div. (Bailhache J.).-15th Court proceedings. Held that the determination November 1917. of the tenancy by the assignee did not discharge the original lessee. Decision of Astbury J. (supra, p. 94) reversed.-Court of Appeal (Swinfen Eady, Warrington, and Scrutton L JJ.).—14th November 1917. Upjohn v. Hitchens. LANDLORD AND TENANT INSURANCE OBLIGATION TO INSURE AGAINST FIRE SHIP DIRECTIONS The Algol. COLLISION-COMPLIANCE WITH ADMIRNAVIGATION WITHOUT LIGHTS-COLLISION REGULATIONS, ARTICLES 1, 2, AND 27. In compliance with Admiralty directions, a ship which was involved in a collision did not exhibit the lights required by Articles 1 and 2 of the Regulations for Preventing Collisions at Sea. Held that the ship was not negligent. - Prob., Div., and Adm. Div. (Hill J.).—15th November 1917. ARMY MILITARY SERVICE EXCEPTION SERVICE ACT 1916 (5 & 6 GEO. V. CAP. 104), SECTION 1 (2).-A man who had been called up for military service brought an action in the FIRE High Court of Justice claiming a declaration CAUSED BY ENEMY AIRCRAFT.-The lessee under that he was not bound to comply with the a lease dated in 1905 bound himself to insure calling-up notice in respect that he fell under the subjects let against loss or damage by fire the exception in the Military Service Acts of a with the Imperial Insurance Co. or some other regular minister of a religious denomination. responsible office in London or Westminster to Held that the High Court was not a "Civil be approved by the plaintiff. Neither at the Court" in the sense of the Military Service Act date of the lease, nor at any other material date, 1916, section 1 (2), and had no jurisdiction to was there any company whose fire policies covered entertain the action.-Chan. Div. (Neville J.). the risk of fire due to hostile aircraft. Held that -19th November 1917. |