licence

have received from Our Food Controller
to feed horses on oats or other grain to be given
only in cases where it is necessary to do so with
a view to maintain the breed of horses in the
national interest: And We do hereby further
charge and enjoin all Ministers of Religion in
their respective churches and chapels within
Our United Kingdom of Great Britain and
Ireland to read, or cause to be read, this Our
Proclamation on the Lord's Day, for four
successive weeks after the issue thereof.

Given at Our Court at Buckingham Palace,
this Second day of May, in the year of our
Lord one thousand nine hundred and
seventeen, and in the Seventh year of Our
Reign.

GOD SAVE THE KING.

INDICTABLE

CRIMINAL LAW-EVIDENCE-DEPOSITION OF WITNESS TOO ILL TO TRAVEL OFFENCES ACT 1848 (11 & 12 VICT. CAP. 42), SECTION 17.-The deposition of a witness taken before the committing magistrate may be read at the trial if the witness is too ill to travel, and it is not necessary that the inability of the witness be proved by medical evidence if other evidence, to the satisfaction of the presiding judge, is adduced. -Court of Criminal Appeal (Lord Reading C.J., Ridley and Bray JJ.).-6th February 1917.

Roe v. R. A. Naylor Ltd.

CONTRACT-WRITTEN CONTRACT-CONDITION PRINTED IN SUCH SMALL PRINT AS NOT TO BE NOTICED WHETHER BINDING.-A contract for the sale of timber was concluded by delivery of a

DECISIONS IN THE ENGLISH COURTS. sale note from the vendor to the purchaser. It

In re Guardian Assurance Co. Ltd. COMPANY-FUSION OF BUSINESSES OF TWO

66

COMPANIES- 'COMPROMISE OR ARRANGEMENT'

bore on it, printed in very small characters, a condition that the goods were sold on condition that they were in hand when the order was received. The purchaser, who looked through the document, "failed to observe the condition so printed. Held in an action by the purchaser for damages for non-performance that the condition was so printed that a reasonably careful business man might readily miss it; and that the contract must therefore be read as if the condition had not been inserted.-K.B. Div. (Bailhache and Atkin JJ.).

Sports and General Press Agency Ltd. v. "Our
Dogs" Publishing Co. Ltd.

PROPERTY

CONTRACT RIGHT ΤΟ TAKE

-COMPANIES (CONSOLIDATION) ACT 1908 (8 EDW. VII. CAP. 69), SECTION 120.-An insurance company arranged with another company for a fusion of the businesses of the two companies, whereby it was provided that the capital of one of the companies should be subdivided and each share in the other company should be exchanged-9th February 1917. for two of its ordinary shares and ten shillings cash. The arrangement was conditional on the sanction of the Court. Held that, although no compromise of any dispute was involved, the scheme was a "compromise or arrangement" PHOTOGRAPHS.-Fall bought from the Ladies' within the meaning of section 120 of the Com- Kennel Association the sole right of taking panies (Consolidation) Act 1908, and that it ought photographs at the Association's Dog Show, and to be sanctioned by the Court in terms of that sec-assigned his right to the plaintiff's. The Association. Decision of Younger J. reversed.-Court of tion admitted visitors to the show but did not Appeal (Lord Cozens-Hardy M.R., Warrington make a condition that visitors should not take L.J., and A. T. Lawrence J.).—19th January 1917. photographs. Held that the plaintiffs were not entitled to an injunction against the defendants who had sent an agent to take photographs at the show, and had published them, although aware of the contract between the Association and Fall. Judgment of Horridge J. affirmed.— Court of Appeal (Swinfen Eady, Bankes L.JJ., and Lush J.).—13th February 1917.

Canadian Pacific Railway Co. v. Parent.

INTERNATIONAL LAW

DELICTI

TORT LEX LOCI

- DAMAGES FOR DEATH IN RAILWAY ACCIDENT.-An action of damages was brought by the widow and son of a man who was killed on the appellants' railway through the fault of their servants. The fatal accident occurred in the province of Ontario, where such an action was not maintainable by the local law. The action was brought in Quebec, where the appellants' head office was situated and where the action was maintainable by the local law. Held, reversing the decision of the Supreme Court of Canada, that the action was not maintainable.Judicial Committee (Viscount Haldane, Lords Dunedin, Parker of Waddington, Parmoor, and Wrenbury).-26th January 1917.

Mr Herbert W. Jordan is the guide, philosopher, and friend of the company official who]

T

THE LATE SECOND-LIEUTENANT

ALEXANDER BROWN,

ADVOCATE.

The Faculty of Advocates has sustained many grievous losses in this most terrible of all wars, but none of these has aroused feelings of greater regret than the death of Mr Alexander Brown, who was killed in action on 28th April last.

Mr Brown, who was the son of a well-known Glasgow minister, the Rev. James Brown of St George's and St Peter's United Free Church, was educated at Glasgow Academy and Glasgow University, and after receiving a legal training in the office of Messrs Cowan, Clapperton & Barclay, Glasgow, he was admitted to the Faculty of Advocates in 1908. A keen Liberal in politics, he threw himself zealously into political work. He shewed great aptitude as a platform speaker, and during the two General Elections of 1910 he was to be found almost every night ex

During the fighting on 28th April Mr Brown
was leading a bombing party. He was wounded
in the wrist, but instead of going back he carried
on fighting, pulling the pins out of bombs with
his teeth, till he was shot through the head
by a sniper. One of his commanding officers
writes: "He nobly bore his part in the various
campaigns with great courage and cheerful-
ness. He was one of the most conscientious
men whom it has been my privilege to meet.
When given any duty to discharge, you had a
sure confidence it would be faithfully done. The

pounding the principles of his party to large sad sense of personal loss.
public audiences. He took part in the work
of party organisation, and acted for a time as
treasurer of the Scottish Reform Club. He
was also engaged in reporting for the "Scots
Law Times," and certainly no more efficient
reporter ever sat in the reporter's box.

Mr Brown received a commission in the Royal Scots in the summer of 1915, and almost a year later he proceeded to France. Shortly after his arrival his battalion took part in the great offensive on the Somme. It sustained heavy losses, and was removed to a quieter part of the line, but it was again called on to take part in heavy work during the last few months.

men felt they
could rely on him
absolutely, and he
thus instilled great
confidence into
them. His labours
for their welfare
were unremitting,
and they much
appreciated what
he did for their
comfort."

Mr Brown was
a man of singular
personal charm.
His kindliness and
fairness of mind
combined with his
frank interest in
life to make him
a most delightful
companion. He
was a man of
many friends,
and to them his
untimely but
glorious death.
has caused a

EXTRA sittings of the High Court of Justiciary will be held as follows: Glasgow, 26th June (Lord Mackenzie and Lord Cullen); Perth, 8th June; Dundee, 12th June; Aberdeen, 14th June (Lord Guthrie and Lord Skerrington).

LORD DUNDAS and Sir J. Patten Macdougall,
Registrar-General for Scotland, are to be the
Commissioners for Scotland on the Boundary
Commission in connection with the Representa-
tion of the People Bill.

MR ALBERT PARSONS, K.C., has been appointed
k

County Court Judge of Circuit No. 7, in place of Judge Barnard Lailey, K.C., who has been transferred to Circuit No. 51, in succession to the late Judge Martelli, K.C. Mr Parsons is the fourth son of Mr Robert Parsons, of Bradford, and was born in 1865. He was educated at Bedford School, Leeds Grammar School, and London University, and was called to the Bar at the Middle Temple in 1891. He took "silk" in 1914, and has practised on the South Wales Circuit. He wrote, in 1893, "The Liability of Railway Companies for Negligence Towards Passengers," and he is joint-author of a wellknown work on the Workmen's Compensation Acts.

MR JOHN M'BURNIE, Sheriff Clerk-Depute, Dumfries, has been appointed Sheriff-Clerk of Dumfriesshire in succession to Mr Fred Watson, who has resigned.

MR WILLIAM DEWAR, solicitor, has been appointed Clerk to the Justices of the Peace of the County of Ross and Cromarty, in succession to the late Mr Alexander Dewar.

busiest juniors at the bar. In 1898 he published his great work on the "Law of Diligence," which at once took rank as one of the very best law books ever published in Scotland. A strong Unionist in politics, he contested East Perthshire at the General Election of 1900. In 1905 he was appointed an Advocate-Depute, but his stay at the Crown Office was short, for his party went out of office in December of that year. He took "silk" in 1906, but shortly afterwards his health began to give way, and during the last few years it was only occasionally that he appeared in Court.

1864 (27 & 28 VICT. CAP. 25), SECTION 42— ARMED SHIP."—Held that a Turkish transport, armed with six field guns and carrying 6000 troops with rifles and other equipment, was not an armed ship in the sense of section 42 of the Naval Prize Act 1864, and that accordingly the officers and crew of a British submarine which torpedoed her were not entitled to claim prize. bounty.-Prob. Div. and Adm. Div. (Sir S. Evans P.).—21st February 1917.

CAPTAIN J. B. LORIMER, Cameron Highlanders, who is reported missing, is the son of Mr J. Campbell Lorimer, K.C., Sheriff of Aberdeen. He was a Writer to the Signet, and practised in Edinburgh before the war. He acted for many years as the representative of the W.S. Society in the Court of Reporters on probabilis causa. While holding that office he gave evidence before the Divorce Commission on the Scots practice as to the Poor Roll. Leyland Shipping Co. Ltd. v. Norwich Union Fire He obtained his commission in the Cameron Highlanders in January 1915.

THE LATE MR J. GRAHAM STEWART,
K.C.

We regret to record the death of Mr. J. Graham Stewart, K.C., which took place very suddenly on 22nd May. Mr Stewart had had a severe attack of pneumonia towards the end of last winter session, but he made a wonderful recovery, and it was hoped that he would soon be restored to his normal health. Unfortunately the struggle with his illness had proved too severe, and his heart gave way suddenly.

Mr Graham Stewart was born in Perth, and was educated at Perth Academy and Edinburgh University, where he graduated in Arts and Law. He was a distinguished student at the University, winning the Forensic Prize and the Vans Dunlop Scholarship in Scots Law and Conveyancing. He was admitted to the Faculty of Advocates in 1887, and in a very short time acquired a considerable practice indeed, in the course of a few years he became one of the

Insurance Society.

EXCEPTION OF WARLIKE OPERATIONS.-A ship was insured under a marine insurance policy against perils of the sea, but was warranted free of the consequences of warlike operations. She was torpedoed in the English Channel, but remained afloat and was towed into Havre and moored alongside a quay. The authorities, fearing she would sink at the quay, ordered her to be moored in the outer harbour, where she became a total loss in consequence of bad weather. Held that there was no intervening cause of loss subsequent to the injury by the torpedo; that the warranty applied; and that the plaintiffs could not recover under the policy. Decision of Rowlatt J. affirmed. - Court of Appeal (Swinfen Eady, Bankes, and Scrutton L.JJ.).—26th February 1917.

Rex v. Peers.

BETTING-BETTING ACT 1853 (16 & 17 VICT. CAP. 119), SECTION 1-GAME OF SKILL AUTOMATIC MACHINE.-A shopkeeper kept in