THE LATE CAPTAIN J. OGILVIE KEMP, ADVOCATE. We regret to record the death of Captain James Ogilvie Kemp, Royal Scots, which took place on 12th December as the result of an illness contracted while on active service. war, though many years over military age, he at once offered his services, and he received a commission in the Royal Scots in October 1914. After a considerable period of service in this country he proceeded to France. For a time he was in command of a labour battalion, but most of his time abroad was spent in the trenches with the Royal Scots. Some weeks ago he was invalided home, and recently he entered a sanatorium for special treatment. He seemed to be making good progress towards recovery, Captain Kemp was a native of Banffshire, and was the son of Mr John Kemp, wine merchant, Keith. After receiving his early education at Keith and at the Aberdeen New Grammar School he took his degree in Arts at Aberdeen but heart failure supervened, and his death took University and attended the law classes at Edinburgh University. He was admitted to the Faculty of Advocates in 1889, and he was not long in securing work. Gifted with clear judgment and the quality of taking pains, as well as a courageous and independent manner of presenting a case, he acquired a good general practice, which he continued to enjoy up to the outbreak of war. A Conservative in politics, he took a prominent part in organising St Stephen's Ward on THE Lord President was absent from the chair of the First Division on Tuesday and Wednesday. His Lordship spent the week-end in Glasgow with the behalf of his party, and for some time he repre- | intention of fulfilling a public engagement, but sented the same ward in Edinburgh Parish on Sunday, while walking in Buchanan Street, Council. He also acted as advocate-depute in the Sheriff Court and as extra advocate-depute on the Glasgow Circuit under Lord Advocate Murray (now Lord Dunedin). All his life Mr Kemp had been keenly interested in military matters, and in 1898 he obtained a commission in the Queen's Edinburgh Rifles (V.B.), rising to the rank of captain and the command of a company. For a time he acted as musketry instructor, but on the formation of the Territorial Force he resumed company work, at which he remained until 1911, when he retired from the Force. On the outbreak of he slipped and fell, receiving slight injuries to the head. Although cut and somewhat shaken, he was able to make his way to his club. He was unable to fulfil his engagement, and did not return to Court until Thursday, when he presided over a sitting of the Justiciary Court, at which a number of appeals were disposed of. IT is notified in the Rolls of the Court of Session that as Tuesday, 1st January 1918, will be recognised as a public holiday, all summonses due for calling on the box-day in the recess should be lodged on Monday, 31st December, or on any prior date after the expiry of the than fifteen good and faithful men" was wholly induciæ. THERE are only three cases down for trial at the next sitting of Glasgow High Court of Justiciary on Thursday, 27th December. The cases are: William Frizzle, theft; George Munro, incest; and Francis Kelly, fraud. FACULTY OF ADVOCATES.-A meeting of the Faculty of Advocates was held on 18th December, the Vice-Dean, Mr J. A. Fleming, K.C., presiding. Mr G. L. Crole, K.C., was re-elected as one of the Managers of the Royal Infirmary for the ensuing year, and Mr J. H. Millar and Mr J. A. Maclaren were appointed as Managers of the Craigcrook Mortification. WRITERS TO THE SIGNET.-Mr Patrick Turner Mackintosh, 5 Albyn Place, Edinburgh, was admitted a member of the Society of Writers to His Majesty's Signet on 17th December. IT is understood that Mr A. H. B. Constable, K.C., has been appointed by the Secretary for Scotland to advise in connection with the release of men for military service, his special duty being to keep Mr Munro in as close touch as possible with recruiting in Scotland. This appointment will not interfere with the existing tribunal arrangements, but where questions with other departments are raised Mr Constable will undertake any necessary conference. Owing to Mr Constable's experience of recruiting this arrangement will be of advantage in facilitating cooperation between the Scottish Office and the tribunals. MR D. OSWALD DYKES, advocate, has been appointed Lecturer on International Private Law in Edinburgh University. CAPTAIN JAMES ALEXANDER, who is reported missing, believed killed, was a partner in the firm of Messrs Alexander & Martin, writers, | Glasgow. He joined the forces on the outbreak of war, and saw considerable service in the field. He took an active interest in the affairs of Queen's Park Football Club, first as a player and then as an official, acting as treasurer of the club for many years. He was a well-known Freemason. ANCIENT procedure took place at Glasgow Sheriff Court on 12th December in connection with a petition brought by Mrs Jessie Hill or Dougall, widow of Mr Andrew Dougall, bottler and aerated water manufacturer, Glasgow, to establish her right to terce. The proceedings, "kenning to the terce," were formal and brief. Sheriff Craigie presided, and was accompanied on the bench by Mr Robert Guy, Sheriff-Clerk of Lanarkshire. The requisite jury of "not less composed of law agents. Mr John Wood, Senior Depute Sheriff Clerk, having read the King's warrant authorising the trial, the Sheriff enquired if there were any objections to the proceedings. No objection being taken, formal evidence for the petitioner was led by Mr J. Boyd Dunlop, writer. The evidence shewed that the petitioner was the lawful wife of Mr Dougall during his lifetime, and that he left no settlement. Thereafter the chancellor of the jury, Mr Alexander Donaldson, announced the following verdict: "We hereby serve and cognosce the said Mrs Jessie Hill or Dougall to a just and reasonable terce or third part of the whole lands, subjects, and others described in her claim wherein her husband Andrew Dougall died infeft and seized from and after the term of Whitsunday 1910, being the first term after his death." The Sheriff briefly thanked the jury for their He said he saw attendance. a good many lawyers there, and he hoped when the next Conveyancing Bill was put before Parliament, or when alterations were made in the Sheriff Court Act, this farce, or comedy, would come to an end. Service of terce could be carried out quite as easily, as far as he could see, as ordinary service of heirs. It was really absurd that in these war days fifteen men presumably versed in the law should be brought together, even for half an hour, for such work. ON 12th December Mr Peter Macnaughton, S.S.C., clerk and law agent of Heriot's Trust, was entertained at dinner on the twenty-fifth anniversary of his appointment, in the Caledonian Station Hotel. Sir Robert K. Inches presided over a representative gathering. In a letter of regret for absence the Lord Provost expressed his appreciation of Mr Macnaughton's services, and said that at an early meeting of the Trust they would place on record their appreciation. The chairman, in proposing "Our Guest," said they congratulated their friend on attaining his semi-jubilee as clerk and law agent. It seemed to him a right and fitting thing that his friends should gather round him and break bread in 66 communal feeding," and to say they approved and appreciated his work, and to wish him Godspeed for the future. He was appointed to his present office on the 12th December 1892, exactly twenty-five years ago. Referring to the long history and great value of the Trust, the chairman said the work done by Mr Macnaughton in his term of office had been as thorough, as able, and as competent as at any time in the long course of the history of the Trust. Mr Macnaughton, who was received with applause, referred to the recently issued report by the Royal Commission on Housing, which contained certain strictures on the management of the Heriot Trust. The Governors had never in his time held up a single inch of ground. of Sir S. Evans P. affirmed.-Judicial Committee of Privy Council (Lord Parker of Waddington, Lord Sumner, Lord Wrenbury, and Sir Arthur Channell).-22nd November 1917. Piper v. Winnifrith and Lepard. REPARATION-JOINT AND SEVERAL LIABILITY The report said that the Governors were responsible for a good deal of slum property. This was not the case. He would strongly urge the Town Council to proceed with town planning for their Gorgie ground, and he was sure the Heriot Governors would be anxious to carry out a scheme in all respects like the Gorgie one. As to the charge that the Governors had held up land, he said they had spent £12,000 on making roads in advance of the feuing. As to —DOGS—SHEEP-WORRYING.-Two persons living the purchase of the estate at Redford, although in one house each owned a dog. The dogs the Governors had a valuation of about £6000 attacked certain sheep without the knowledge more, they gave it to the War Office at the price they paid for it. He had collected about £60,000 in casualties which had brought him a good deal of ill-will, and he thought it right to state that in 1910, on the motion of Mr R. C. Millar, the Governors agreed that there should be neither duplicands nor triplicands. WE regret to record the death of Lord Kinnear, which took place on Thursday, 20th December. A notice of his career will appear in an early number of the "Scots Law Times." DECISIONS IN THE ENGLISH Pounteney v. Turton. of either owner. The amount of damage done by each dog was not proved, but the County Court judge thought that each dog had probably done about half the damage and he awarded the owner of the sheep one half of the damage against each dog-owner. Held that the two dogowners were not joint wrongdoers and that the County Court judge was entitled to decide as he did.-K.B. Div. (Lawrence and Atkin JJ.).— 22nd November 1917. In re Melody. SUCCESSION-WILL-VALIDITY OF BEQUEST CHARITABLE BEQUEST.-A testatrix bequeathed a fund to provide an annual treat or field day for the school children of a parish, the children to be selected by the vicar and trustees of a church in the parish. Held that the bequest was WORKMEN'S COMPENSATION ACT 1906 (6 EDW. a good charitable bequest.-Chan. Div. (Eve J.). VII. CAP. 58), SECTION 13-WORKMAN-CON--22nd November 1917. TRACT OF EMPLOYMENT-ILLEGAL CONTRACT.— A boy of thirteen was employed as a boatman, and as he might, under the contract, be at work before 6 A.M. the contract was illegal, as being contrary to section 3 of the Employment of Children Act 1903. Held that the boy could not claim compensation under the Workmen's Compensation Act 1906. Court of Appeal (Swinfen Eady, Warrington, and Scrutton L.JJ.). -21st November 1917. WAR Cargo ex the "Baron Stjernblad." PRIZE Ayrey v. British Legal, etc., Assurance Co. LIFE INSURANCE-CONCEALMENT OF MATERIAL FACTS-WAIVER-ACCEPTANCE OF PREMIUMS.An insured person stated on the proposal form that he was a fisherman, but did not state that he was a member of the Royal Naval Reserve, had been called up for service, and was expecting to go mine-sweeping. The district manager of the insurance company was informed by the insurance agent (who, according to the policy, was the agent of the assured) that the assured expected to go mine-sweeping. Thereafter the insurance company accepted premiums. Held that the communication to the district manager was equivalent to a communication to the head office of the company, and that any objection to the policy on the ground of non-disclosure of material facts was barred by the receipt of the premiums.-K.B. Div. (A. T. Lawrence and Atkin JJ.).—23rd November 1917. - CONTRABAND—SEIZURE-RELEASE CLAIM FOR DAMAGES AND COSTS.-Contraband goods which ostensibly had a neutral destination were seized on the ground that they had an ultimate enemy destination, but were ultimately released on the ground that in fact they had not an enemy destination. Held that the owners were entitled to damages and costs only if there were no suspicious circumstances justifying seizure. Held also that on the question whether there were reasonable grounds of suspicion the Court was entitled to take the Metropolitan Water Board v. Dick, Kerr & Co. Ltd. whole surrounding circumstances into consideration, not only the circumstances for which the owners of the goods were responsible. Judgment CONTRACT-IMPOSSIBILITY OF PERFORMANCE -SUPERVENING ILLEGALITY.-A company con tracted with a water authority to construct two reservoirs. The work of construction was expected to take about six years. After the commencement of the work the Ministry of Munitions made it illegal to proceed with the work. Held that the conditions of the contract had been fundamentally changed by the order of the Ministry of Munitions, and that the company were no longer bound to carry out the contract. Decision of Court of Appeal (supra, p. 48) affirmed.-House of Lords (Lord Finlay L.C., Lord Dunedin, Lord Atkinson, and Lord Parmoor).-26th November 1917. Wellaway v. Courtier. PROPERTY-TRESPASS BY ANIMALS-TITLE TO cent. on surplus profits. ber 1917. Great Western Railway Company v. Helps. SUE.-A. bought a crop of turnips in a field, Cornelius v. Phillips. MONEY-LENDERS-CARRYING ON BUSINESS AT OTHER THAN REGISTERED ADDRESS SINGLE TRANSACTION - VALIDITY OF TRANSACTION MONEY-LENDERS ACT 1900 (63 & 64 VICT. CAP. 51), SECTION 2 (1) (B).—A money-lender entered into a money-lending transaction at an hotel which was not his registered address. Held that he had carried on the business of money-lending at an address other than his registered address, in contravention of the prohibition contained in the Money-lenders Act 1900, section 2 (1) (b). Held also that the transaction was void. Decision of Court of Appeal (Swinfen Eady and Bankes L.JJ., diss. Phillimore L.J.) reversed.—House of Lords (Lord Finlay L.C., Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Parmoor). - 29th November 1917. and was sanctioned by the company. Held that Cheater v. Cater. LANDLORD AND TENANT-POISONOUS TREE ON LANDLORD'S ADJOINING LAND-TENANT'S ANIMAL |