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good stead, for even in his early days at the Bar he was largely employed in cases involving medico-legal questions. He took silk in 1882.

In 1885 Mr Finlay (as he then was) entered Parliament as Liberal member for the Inverness Burghs. In the following year the Liberal party was split on the Home Rule issue, and Mr Finlay was one of those who adhered to the cause of the Union. At the General Election of 1886 he retained his seat for the Inverness Burghs, and he continued to represent that constituency until 1892, when he was defeated by Mr Gilbert Beith, but he was again returned at the General Election of 1895. In 1895 he was appointed Solicitor-General in Lord Salisbury's third administration, and at the same time he received the honour of knighthood. He remained Solicitor-General for five years, and in 1900 succeeded Lord Alverstone as Attorney-General. In 1904 he was created a G.C.M.G. He went out of office with his party in December 1905, and lost his seat at the General Election of 1906. In 1910 he was returned for the Universities of St Andrews and Edinburgh, which constituency he represented until he was appointed Lord Chancellor.

On leaving office Sir Robert Finlay returned to the Bar, and since then he has conducted an enormous practice, especially in commercial, patent, and other "heavy" cases. He has been specially prominent in appeals before the Privy Council and the House of Lords. During the last few years especially he seems to have been briefed in almost every important appeal, and a reader of the Appeal Cases is apt to wonder if he ever found time to appear in any other Court.

Lord Finlay's only son, Mr William Finlay, is also a leading member of the English Bar. He was junior counsel to the Board of Inland Revenue from 1905 to 1914, when he took silk, and report has it that in the short time that has since elapsed his father has already found him a redoubtable opponent.

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only five cases, and these were all-disposed of in one day.

FACULTY OF ADVOCATES.-A meeting of the Faculty of Advocates was held on Tuesday, 19th December, the Vice-Dean (Mr J. A. Fleming, K.C.) presiding. A letter was read from the Dean of Faculty (Mr J. A. Clyde, K.C., M.P.) intimating that he had accepted office as Lord Advocate under the new administration, and tendering, in accordance with custom, his resignation of the office of Dean. It was unanimously resolved by the Faculty that in view of the present exceptional circumstances Mr Clyde should be requested to reconsider his resignation and to retain meantime the office of Dean. Mr Clyde has now intimated his assent to this request, and will accordingly continue to hold the Deanship.

SOCIETY OF SOLICITORS IN THE SUPREME COURT.-At a special meeting of the Society on 29th December-the President, Mr John Mathison, in the chair-Mr William Main Page and Mr James Black were admitted members of the Society.

THE Solicitor-General (Mr T. B. Morison, K.C.) has been elected member of Parliament for Inverness-shire, and Mr C. N. Johnston, K.C., has been returned for the Universities of St Andrews and Edinburgh.

MR J. HARLING TURNER, Director of the Agricultural Section of the National Service Department, has appointed Mr R. S. Horne, K.C., and Mr Raikes to be Assistant Directors of the Department. Mr Horne will also undertake the duties of private secretary to Mr Turner.

Mr Horne is one of the best-known King's Counsel at the Scottish Bar, and gives up a large practice in order to devote his services to the country at this critical time. He was admitted to the Faculty of Advocates in 1896, and contested Stirlingshire in the Unionist interest at the two General Elections of 1910.

HIS MAJESTY has conferred the honour of knighthood on Mr Gordon Hewart, the new Solicitor-General (England).

SIR SAMUEL EVANS, President of the Divorce Court, has been created a G.C.B. in recognition of the services he has rendered to the country in the Prize Court.

THE RIGHT HON. JAMES H. M. CAMPBELL, Lord Chief Justice of Ireland, has been created a baronet.

LIEUT. CHARLES ANDERSON, Royal Scots, who has been awarded the Military Cross, is the eldest son of Mr R. B. Anderson of Glen

burn Hall, Jedburgh, senior member of the firm of Messrs Charles & R. B. Anderson, W.S. Lieut. Anderson, who received his legal training in Edinburgh, is a member of the Society of Writers to the Signet. In the early days of the war he joined the Lovat Scouts, but transferred to the Royal Scots, in which he obtained a commission, and is now Adjutant of his battalion. The four brothers of Lieut. Anderson are all on active service.

QUARTERMASTER AND HON. LIEUTENANT JOHN DISSELDUFF, A. and S.H., who has been awarded the Military Cross, is the third son of Mr William Disselduff, Cowal District Clerk and Burgh Prosecutor, Dunoon. Lieutenant Disselduff was Sheriff-Clerk Depute for Oban district when he joined his regiment at the outbreak of war. He was born at Inveraray in 1878. His first appointment was that of SheriffClerk Depute at Dunoon when he was only sixteen years of age. He was a prominent member of the rowing club at Dunoon, his crew winning sixteen first prizes at different regattas

in one season.

SECOND-LIEUTENANT SAMUEL H. Dow, Scottish Rifles, who has been killed in action, was educated at Glasgow High School and Glasgow University, where he graduated M.A. and LL.B. He was a partner of the firm of D. M. Hutchison & Dow, writers, Glasgow, and was a member of the Faculty of Procurators. Enlisting in September 1914 as a private in the H.L.I., he received his commission in the Scottish Rifles in February 1915, and was on active service for exactly a year when he was slightly wounded in July 1916. On recovering he returned to the Front in October last. Mr Dow, who was unmarried, was well known as a tennis player in the West of Scotland.

SIR JESSE HERBERT, Political Secretary to the Chief Liberal Whip, who died at 10 Sudbury, Hill, Harrow, on 26th December, was called to the Bar at the Middle Temple in 1873. Born in 1851, he was the third son of the late Jesse Herbert of Reading. Before he devoted himself to political work he was Professor of International Law at Canton University and Legal Adviser to the South China Government. He had been associated with the work of the Liberal Party at headquarters under seven Chief Whips, and was knighted in 1911.

MR EDWARD KEMBLE, late Judge of the Supreme Court of the Island of Jamaica, died at Cedarholme, Colchester, on 24th December, in his ninety-fifth year. He was called to the Bar at the Middle Temple in 1846.

MR ALBERT HENRY JESSEL, K.C., died at his residence in London on 2nd January. Mr Jessel was a leader of the Chancery Bar, and was fifty-two years of age. He was a sound and painstaking lawyer, skilful and scrupulously fair in argument, caustic in humour, but never unkindly. A nephew of Sir George Jessel, he was born in 1864, and was educated at Clifton College and at Balliol College, Oxford. He was called to the Bar at the Inner Temple in 1889. He took "silk" in 1906, and he first practised before Mr Justice Kekewich, and at the time of his death was one of the leaders in Mr Justice Eve's Court. He made a special study of company law, and was joint editor of the volume on companies in the "Encyclopædia of Forms and Precedents." He was elected a Bencher of Lincoln's Inn in 1911.

MESSRS CAIRNS, M'INTOSH & MORTON, W.S., 31 Queen Street, Edinburgh, have assumed as partners Mr William Main Page, S.S.C., and Mr James Black, S.S.C., who have been associated with them in business for many years past.

THE firm of Motherwell, M'Murdo & Mitchell, solicitors, 10 Bank Street, Airdrie, was dissolved on 31st December 1916 by the retiral from business of Mr W. Rankin Mitchell. The business will, as from 1st January 1917, be carried on by Mr Gavin Black Motherwell and Mr John J. M'Murdo, under the style of Motherwell

MR EDWARD CUTLER, K.C., died at 32 Eaton Place, S. W., on 22nd December. Mr Cutler, who was eighty-five years of age, was the only son of Mr Edward Cutler, F.R.C.S., surgeon to St George's Hospital, and a grandson of Sir Thomas Plumer, first Vice-Chancellor of England, and afterwards Master of the Rolls. He was educated at Eton, Paris, Dresden, and Balliol College, Oxford, where he obtained honours in classics, and was called to the Bar at Lincoln's & M'Murdo. Inn in 1857. He practised at the Chancery Bar. He devoted himself particularly to copyright law, and this, with his knowledge of music, led to his writing a "Manual of Musical Copyright Law" (1906), and he collaborated with Mr Eustace Smith and Mr F. E. Weatherley in a "Treatise on Musical and Dramatic Copyright." Mr Cutler, who took silk in 1886, was a member of the Imperial Commission for Copyright in 1909, and was employed in the following year TINUOUS VOYAGE-KNOWLEDGE OF SHIPOWNER

in revising the International Copyright Bill.

DECISIONS IN THE ENGLISH
COURTS.

WAR - PRIZE

The "Maracaibo."

LAW CONTRABAND CON

CONDEMNATION OF SHIP. Held that the

carriage of contraband by a neutral ship to the extent of more than one-half of the cargo subjects the ship to condemnation even if the ship is bound for a neutral port if the contraband is to be transhipped to enemy territory. Held further that it is not necessary, in order to justify condemnation of the ship as lawful prize, that the captors should prove knowledge of the ship as to the ultimate destination of the contraband goods.-Prob., Div., and Adm. Div. (Evans P.).-6th November 1916.

Brooke v. Inland Revenue Commissioners.

REVENUE-INCOME TAX- -SUPER-TAX-LIA

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BILITY OF PERSONS RESIDENT ABROAD-FINANCE Scottish Navigation Co. Ltd. v. W. A. Souter & Co. (1909-10) ACT 1910 (10 EDW. VII. CAP. 8), Admiral Shipping Co. Ltd. v. Weidner, SECTIONS 66 (1), 72 (2).—Held that super tax, Hopkins & Co. being income tax, was payable by persons resident abroad upon the same classes of income as were liable, in their case, to income tax, that BY WAR-LIABILITY FOR HIRE.-In cases reis, upon income derived from property within lating to charters of steamers for "the Baltic the United Kingdom.-K.B. Div. (Atkin J.).-round" commenced before the war, the ships

9th November 1916.

Hampton v. Glamorgan County Council.

CONTRACT

BUILDING CONTRACT – SUB-CON

TRACTOR PRIVITY OF CONTRACT BETWEEN EMPLOYER AND SUB-CONTRACTOR.-A building contractor, who had contracted to erect a school for the respondents, accepted a tender from the appellant for the supply of a heating apparatus. The respondents' architect had directed the contractor to accept the tender. After making a payment to the appellant to account of the work, the contractor suspended payment. The appellant then sued the respondents for the balance of the price. Held that the respondents were not liable, as the contractor had no authority to pledge the respondents' credit and was not their agent in employing the appellant. Decision of Court of Appeal affirmed.-House of Lords (Earl Loreburn, Viscount Haldane, Lords Shaw of Dunfermline and Parmoor).-9th November 1916.

SHIP-CHARTER-PARTY-ADVENTURE STOPPED

were detained in the Baltic by the outbreak of war. Held that the adventure had been frustrated by a suspension of long and indefinite duration, and that the charterers were not liable for hire during the detention. Decisions of Sankey J. and Bailhache J. reversed.-Court of Appeal (Swinfen Eady and Bankes L.JJ., and Lawrence J.).—17th

November 1916.

Rex v. Superintendent Registrar of Marriages for
Hammersmith, Ex parte Mir-Anwaruddin.

66

HUSBAND AND WIFE DIVORCE INDIAN DOMICILE · · NON-JUDICIAL DECLARATION OF "" BY MOHAMMEDAN HUSBAND.—

DIVORCEMENT The applicant in the case was a Mohammedan subject, domiciled in India. He was married in England in 1913 to an Englishwoman. Some months later he made in England a written "declaration of divorcement" against her in the forms of Mohammedan law, which by that law was an effective mode of divorcing his wife without resort to any Court of law. Wishing to marry another Englishwoman in England, he brought proceedings for a mandamus against the registrar of marriages to have him compelled to issue a certificate and licence for the intended marriage. Held that the declaration of divorcement did not CHARTER-PARTY REQUISITION BY have the effect in England of dissolving a ADMIRALTY.-A time charter of a ship contained marriage contracted in England so as to entitle an exception clause including restraint of princes. the applicant to marry again in England, reservDuring the currency of the charter-party the ing the question as to the effect of such a declaravessel was requisitioned by the Admiralty for tion of divorcement if followed by proceedings in six months. Held that the charterers were liable the Courts of the applicant's domicil.-K.B. Div. to pay the stipulated hire during that period, (Lord Reading C.J., Darling and Bray JJ.).— and were entitled to receive the sums paid by 10th November 1916.-Affirmed by Court of the Admiralty for the use of the ship. Decision Appeal (Swinfen Eady and Bankes L.JJ., and of Sankey J. affirmed.-Court of Appeal (Swinfen | Lawrence J.).-23rd November 1916.

Modern Transport Co. Ltd. v. Duneric S.S. Co. Ltd.

SHIP

A. MORRICE MACKAY, Esq.,

ADVOCATE.

the athletic world on account of his achievements at lawn tennis. At Cambridge he was President of the Lawn Tennis Club and gained Mr A. Morrice Mackay is a native of the his half blue, and numerous Scottish championGranite City. Born in 1875, he received his ships in singles, doubles, and mixed doubles preliminary education at Aberdeen Grammar have fallen to him. At one time he went School, and thereafter took his Arts degree at actively in for mountaineering, and like other Aberdeen University. His Aberdeen University keen mountaineers did reckless things. Arts course was one of great distinction, and he accident, which fortunately did not permanently graduated with first-class honours in both Classics incapacitate him in any way, turned him to less and Philosophy. He also gained, after competi- strenuous pastimes, and now he is numbered tion, the Ferguson Scholarship in Philosophy, among the keenest and most expert votaries of

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Scholarship in Civil, Constitutional, and Public Law. He took his LL.B. degree in 1902, and in the same year was admitted to the Faculty of Advocates. As might be expected from a native of Aberdeen with such a groundwork of culture and learning, it was not long before he made his mark at the Bar, and he has gone on steadily consolidating and increasing an all-round practice which has won him a well-recognised position as one of the leading juniors.

the good old Scottish games of curling and golf.

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Mr Mackay has never allowed his love of exercise and a sound body to interfere with work, and just as those who were intimate with him in the field of sport were impressed with the methodical and scientific interest which in his person seemed to be imparted to all the sports in which he engaged, SO now, in the field of professional life, those who are privileged to associate intimately with him are impressed with the keen, almost sporting, interest which he takes in all his cases.

Mr Mackay is the possessor in a marked degree of what in the profession is called "the legal type of mind." He has read widely, and is soundly grounded in the law. His patience and perseverance first in the preparation of his cases, however great may be the mass of detail involved, and subsequently in the exposition thereof to the Court, are inexhaustible. He While throughout his academic career he gained is ingenious in argument, and fertile in resource. great distinction, Mr Mackay has not neglected As to manner, he has a most easy and persuasive the field of sport and athletics. A keen and style, which, coupled with his lucidity of thought able player of cricket and Rugby football in his and argument has gained him the ear of the earlier days, he is perhaps best known in Bench. He is, moreover, a born fighter, does

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