Mercer v. Wright, Graham & Co. which they had been put by reason of extraordinary traffic, held that traffic was not prePRINCIPAL AND AGENT - FOREIGN PRINCIPAL-vented from being "extraordinary" merely NAME OF PRINCIPAL NOT DISCLOSED-LIABILITY because it was run to meet the demands of the OF AGENT.—A written contract of sale signed by district. Decision of Sankey J. (supra, p. 4) the defendants bore as follows: "Sold to" the affirmed.-Court of Appeal (Swinfen Eady and plaintiff "for the account of our principals," and Scrutton L.JJ., and Bray J.).-24th April 1917. then specified the goods sold. The name of the principal was not stated, and he was in fact an American. Held, on a construction of the document, that privity of contract was created between the plaintiff and the principal, and that the plaintiff was not entitled to sue the defen- PROXIES.-A company which carried on business dants on the contract.-K.B. Div. (Bray J.).—in Chicago, but was managed in London, was 17th April 1917. British Association of Glass-Bottle Manufacturers v. Forster & Sons. WAR—PATENT—SUSPENSION OF PATENT BY BOARD OF TRADE-PATENTS, DESIGNS, AND TRADE MARKS (TEMPORARY RULES) ACT 1914 (4 & 5 GEO. V. CAP. 27), SECTION 1-PATENTS, DESIGNS, AND TRADE MARKS (TEMPORARY RULES) AMENDMENT ACT 1914 (4 & 5 GEO. V. CAP. 73), SECTION 1.-Where a patentee who was an alien enemy has granted a mortgage in favour of a neutral and a license in favour of a British subject, these facts do not disentitle the Board of Trade to exercise its power to suspend or avoid the patent under the Patents Designs and Temporary Rule Act 1914. Decision of Sargant J. affirmed.-Court of Appeal (Lord Cozens-Hardy M.R., Bankes and Warrington L.JJ.).-18th April 1917. Vecht v. Taylor. MILITARY SERVICE-ALIEN ARMY DUAL NATIONALITY BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (4 & 5 GEO. V. CAP. 17), SECTION 14 (1).-A. was born in London of Dutch parents and was of British nationality by British law and of Dutch nationality by the law of Holland. On 8th November he was charged before a magistrate with being an absentee from the Army. On 9th November 1916 he executed a declaration of alienage under the British Nationality and Status of Aliens Act 1914, section 14. The magistrate convicted. Held that the declaration, being executed after the date when the charge was made, could not be an answer to the charge, and conviction upheld. -K.B. Div. (Lord Reading C.J., Ridley and Rowlatt JJ.). 19th April 1917. COMPANY M'Laren v. Thomson. ANNUAL GENERAL MEETING bound by its articles to hold its annual general meeting once a year. Under the articles shareholders were entitled to vote at the meeting by proxy, but these proxies must be lodged two days before the meeting. The annual general meeting was adjourned. Held that proxies of American shareholders which, owing to postal delays, did not arrive in time for the annual general meeting could not be used at the adjourned meeting.Chan. Div. (Astbury J.).—24th April 1917. was ENEMIES.-An oil tank British steamer chartered by the owners to a German company for three years from January 1913. On 31st July 1914 she was at Portland, and the charterers ordered her to Kustendji in Roumania. The owners took out a policy of insurance on the freight against war risks without disclosing the fact that the charterers were Germans. War between England and Germany broke out on 4th August 1914. Held that the fact that the charterers were Germans was a material fact; but Abingdon Rural District Council v. City of Orford that on the evidence it would not have affected Electric Tramways Limited. EXTRAORDINARY TRAFFIC. In an action by a road authority to recover outlays to the judgment of any underwriter at the time. when the policy was taken out, and that accordingly the non-disclosure did not invalidate the policy.-K.B. Div. (Atkin J.).-26th April 1917. Marten v. Whale. SALE CONDITIONAL SALE TRANSFER BY BUYER―TITLE OF TRANSFEREE-SALE OF GOODS ACT 1893 (56 & 57 VICT. CAP. 71).-A. agreed to sell a motor car to B. by a document by which he also agreed to buy certain land from B. The purchase of the land was subject to the buyer's solicitors approving the title. Thereafter A. let B. have the motor car on loan, and B. sold the car to C. In an action by A. against C., held that C. had a good title to the car, in respect that even if A.'s solicitor's approval of the title to the land were a condition of the sale of the car, yet B., having agreed, although conditionally, to buy the car, could give a good title to a purchaser from him under section 25 (2) of the Sale of Goods Act 1893. Decision of Rowlatt J. affirmed.-Court of Appeal (Swinfen Eady and Scrutton L.JJ., and Bray J.).—30th April 1917. In re the Surrender of Tsing Tau. WAR-NAVY-PRIZE BOUNTY-JOINT OPERATIONS OF NAVAL AND MILITARY FORCES-NAVAL PRIZE ACT 1864 (27 & 28 VICT. CAP. 25), SECTION 42.-The siege of the fortress of Tsing Tau was conducted by British and Japanese military and naval forces. During the siege and before the capture of the fortress a number of enemy ships in the harbour were sunk. Held that the crews of the British ships which were present were not entitled to claim prize bounty, in respect that prize bounty was payable only when the destruction of enemy ships was effected by naval forces alone, and not when the destruction was the result of the joint action of military and naval forces.-Prob. Div. and Adm. Div. (Sir S. Evans P.).-30th April 1917. Roberts v. Roberts. HUSBAND AND WIFE—DIVORCE FOR ADULTERY CONDONATION CONDONATION INDUCED BY FRAUD.-A husband, after a confession by his wife that she had committed adultery, agreed to forgive her, and had intercourse with her. The forgiveness was induced by a statement by the wife that she was not pregnant-a statement which was false to her knowledge, and was made for the purpose of inducing the husband to forgive her. Held that the husband was not barred from obtaining decree nisi.-Prob. Div. and Adm. Div. (Hill J.). 30th April 1917. Rex v. Halliday. WAR-DEFENCE OF THE REALM-INTERNMENT -VALIDITY OF REGULATIONS-DEFENCE OF THE REALM CONSOLIDATION ACT 1914 (4 & 5 GEO. V. CAP. 8), SECTION 1 (1).-His Majesty in Council made a regulation which empowered the Secretary of State, on the recommendation of a competent naval or military authority, to require a person of hostile origin or associations to be interned. Held that this regulation was within the powers conferred by the Defence of the Realm Consolidation Act 1914, section 1 (1). Decision of Court of Appeal (1916 S.L.T. 63) affirmed. House of Lords (Lord Finlay L.C., Lord Dunedin, Lord Atkinson, and Lord Wrenbury, diss. Lord Shaw of Dunfermline). — 1st May 1917. In re Stahlwerk Becker Aktiengesellschaft's Patent. ALIEN ENEMY PATENT FOR PETITION REVOCATION AMENDMENT PATENTS AND DESIGNS ACT 1907 (7 EDW. VII. CAP. 29), SECTION 22.-In 1916 a firm trading in Sheffield presented a petition for the revocation of a patent belonging to a firm carrying on business in Germany on the grounds of want of novelty and want of subject-matter. Held that the patentees, although alien enemies, were entitled to apply for an order for leave to amend the patent by way of disclaimer under section 22 of the Patents Act 1907.-Chan. Div. (Sargant J.).-1st May 1917. REPARATION INJURIES GUEST AT HOTEL.-LIABILITY OF INNKEEPER FOR STATE OF PREMISES.-A guest in an hotel was injured as the result of the premises taking fire. The fire resulted from a defective scheme for conveying away the smoke from the kitchen chimney. The defective scheme was carried out by a builder employed by the landlord at the time when the innkeeper took a lease of the premises. The plans were approved by the innkeeper, but they did not disclose the defect which led to the fire. The jury found that the premises were not as safe as reasonable skill and care could make them. Held that the contract between the innkeeper and his guest contained an implied warranty that the premises were as safe as reasonable skill and care could make them, that it was immaterial that the lack of care and skill, was that of an independent contractor, and that the innkeeper was liable in damages to the guest.-K.B. Div. (M'Cardie J.). -1st May 1917. THE LATE SECOND-LIEUTENANT J. G. FRANCE, WRITER, GLASGOW. It is with great regret that we record the death in France, on 12th April last, of John Galbraith France, Second-Lieutenant, Scottish Rifles, a partner of the firm of Bannatyne, Kirkwood, France & Co., writers, Glasgow. Mr France, who was thirty-four years of age, was a son of Mr Charles France, the senior partner of that firm. He was educated at Kelvinside Academy and Glasgow University, where he graduated in Arts and Law. During his academic career he was prominent in athletics, being a member of Kelvinside Academical Rugby Football Team. His professional training was obtained in the offices of M'Grigor, Donald & Co., Glasgow, Webster, Will & Co., Edinburgh, and Bannatyne, Kirkwood, France & Co., of which he became a partner about four years ago. Joining the Inns of Court Officers' Training Corps, he in due course received his commission, and, towards the close of last year, proceeded to France. Mr France had many friends in professional and other circles in the west of Scotland, by whom keen regret is felt at the premature ending of a promising career. Such regret must inevitably and rightly remain, but the manner of his death-leading his men in a charge-is in itself the fulfilment and realisation of the promise of which he gave evidence. However long he might have lived, whatever public services he might have rendered, and to whatever professional eminence he might have attained, he could not have done for others or given to the com munity more than he did. His professional work has been cut short little beyond its threshold, and the record of professional accomplishments which time permitted is necessarily brief; but his ability and earnestness had earned the respect and confidence of his profession, and those who knew and associated with him intimately will always retain in their recollections the impress of the frank and winning personality, lovable disposition, and high character of one whom they held in honour and esteem. COURT O F SESSION. - The sittings of the First and Second Divisions of the Court of Session for the trial of causes by jury in the ensuing vacation will commence on Saturday, 21st July. Thursday, 16th August and Thursday, 27th September, have been appointed Box-Days in the vacation. The Lord Ordinary officiating on the Bills will sit in Court on Wednesday, 22nd August and Wednesday, 3rd October, each day at 11 A.M., for the disposal of against one of the magistrates of Glasgow. After a hearing extending over two days the prisoner was convicted and sentenced to twelve months' imprisonment. LORD ANDERSON has been appointed-in succession to the late Lord Dewar-chairman of the Advisory Committee for the purpose of advising the Secretary for Scotland with respect to the Internment and Deportation of Aliens, and other matters arising in the administration of the Defence of the Realm Regulations. The other members of the committee are the Hon. William Watson, K.C., M.P., and Mr D. T. Holmes, M.P. NEW SHERIFF-SUBSTITUTE. Mr William Dunbar, advocate, has been appointed Sheriff-Substitute at Stornoway in succession to Mr Francis Squair, who has resigned. Mr Dunbar is the son of the Rev. J. W. Dunbar, St James' Place U.F. Church, Edinburgh. He was admitted to the Faculty of Advocates in 1904 and has enjoyed a good practice at the bar. Since 1909 he has acted as lecturer on Civil Law in Glasgow University. A portrait and biographical notice of Mr Dunbar appeared in the "Scots Law Times" of 19th May 1917 (supra, p. 37). MR R. N. MACPHAIL, K.C., Sheriff of Stirling, Dumbarton, and Clackmannan, presented his commission in Alloa Sheriff Court on Monday last. Sheriff-Substitute Dean Leslie introduced the new Sheriff, and Mr Moir, Sheriff Clerk, welcomed him on behalf of the officials of the Court and Bar. The Earl of Mar and Kellie and Provost Pearson also extended a cordial welcome to Sheriff Macphail on behalf of the County Council of Clackmannan and the Town Council of Alloa. MR A. MACKENZIE STUART, advocate, has been appointed interim Sheriff - Substitute at Peebles. MR HENRY GOODWIN ROOTH has been appointed a Metropolitan Police Magistrate in succession to Mr Fordham. MR W. H. BLYTH MARTIN, Town Clerk of Dundee, has been appointed an honorary SheriffSubstitute of Forfarshire. MR WILLIAM M. Dow, senior partner of the firm of Thomas Dow & Son, solicitors, Kirkcaldy, died in Glasgow on 27th June. Mr Dow was Town Clerk of Kinghorn for forty-one years, and in that position he succeeded Mr Thomas THE LATE SHERIFF GARDNER We regret to record the death of Mr J. Gardner Millar, Sheriff of Lanarkshire, which took place in Glasgow on Tuesday, 26th June. Up to the previous Wednesday he had been, to all appearance, in his usual health. On that day he was attacked by severe illness. An operation was performed on the Thursday, but he never rallied from its effects. Mr Gardner Millar was the son of the late Mr John Millar, merchant, Glasgow, and was born in Glasgow fifty-three years ago. He was educated at Glasgow High School and at Glasgow University, where he graduated in Arts. While at the University he became an apprentice with Messrs J. & J. Boyd, writers, Glasgow; and after taking the degree of LL.B. at Edinburgh University he was admitted to the Faculty of Advocates in 1881. He never acquired a large practice at the bar, but he acted on occasion as an interim Sheriff-Substitute at Kilmarnock and at Glasgow. In 1905 he was appointed legal secretary to the Lord Advocate, and a few months later succeeded the late Mr A. Edward Henderson as Sheriff-Substitute at Edinburgh. In 1908 he was appointed Sheriff of Lanarkshire in succession to the late Sheriff Guthrie. The office of Sheriff of Lanarkshire is one of the most onerous judicial posts in Scotland, and the appointment of Mr Millar was regarded at the time as a very doubtful experiment. But few appointments have been so fully justified, for he proved to be an admirable judge. He had a sound knowledge of law, plenty of common sense, and an almost unerring instinct for the sound view of a case. He spared no pains, either in the hearing of an appeal or in the preparation of his judgment, and no agent or litigant ever left his bar feeling that his case had not been fully stated to the Court or that the arguments in his favour had not been carefully considered before judgment was delivered. Since the Military Service Tribunals were constituted Sheriff Gardner Millar had acted as the President of the Appeal Tribunal for Lanarkshire. In this capacity his impartiality and fairness of mind gave great satisfaction. He was unmarried. In Glasgow Sheriff Court on 27th June SheriffSubstitute Fyfe referred to the death of Sheriff Millar. Sheriff Fyfe was accompanied on the bench by Sheriffs-Substitute Craigie, Thomson, Lyell, Mackenzie, Lee, and Scott Moncrieff. which they had paid. Decision of Bailhache J. The Court officials present included the SheriffClerk of Lanarkshire (Mr Robert Guy), the Procurator-Fiscal (Mr P. F. M'Kenna), Mr. T. F. Wilson, Clerk of the Peace, and Mr A. R. Brown, Auditor of Court. The Bar was represented by Mr John A. Spens, Dean of Faculty, and many others; and Sir John Lindsay, Town Anthony, Hordern & Sons Ltd. v. Commonwealth Clerk, represented the Corporation. and Dominion Line Ltd. Sheriff Fyfe said: "The Courts of Lanarkshire meet this morning under a dark shadow. Before SHIPPING LAW- -BILL OF LADING-EXCEPTIONS entering upon the work of the day I should like,-HARTER ACT.-Goods were shipped on board in a few words, on behalf of my colleagues and the defendants' vessel for shipment from New myself, to express our deep sense of the loss York. The bills of lading exempted the defenwhich the removal of Sheriff Millar is to the dants from liability for any package which was legal profession which he adorned, and to the of more than £100 value, unless the value was County of Lanark which he so efficiently adminis- stated in writing. The bill of lading bore to be tered. As a sound lawyer he well merited the subject to the terms and conditions of the confidence of the profession. As a cultured and Harter Act, which, in the case of merchandise ever-courteous gentleman he endeared himself being transported from a United States port to all with whom he came in contact. We who to a foreign port, renders void all clauses in were associated with him in the work of the bills of lading relieving the shipowner of liability Courts have lost not only a highly respected for loss or damage arising from failure in proper chief but a personal friend. His loss will be delivery. Held that the clause of exemption mourned not only by the legal profession, but was struck at by the Harter Act, and was void. by the whole community of Lanarkshire." -K.B. Div. (Horridge J.).-2nd May 1917. The Dean of Faculty, speaking on behalf of the Bar, said Mr Millar came to them, although of Glasgow, comparatively unknown to the legal profession, but he at once won their respect, and it was not long before he won their regard. He conducted the duties of his high office not only efficiently and effectively, but with a high sense of duty. Sir John Lindsay said that, perhaps more than any of the ordinary members of the Bar, he had occasion to come into official contact with Sheriff Millar very frequently, and he was bound to say that the appreciation of his merits by the responsible representatives of the corporation and the city was very great and keen. DECISIONS IN THE ENGLISH Maskinonge Steamship Co. v. Dominion Coal Co. MARINE INSURANCE-WAR-WAR REGION. Certain goods were shipped from Australia to London on board a ship requisitioned by the Crown under a bill of lading which contained an exception of the acts of the King's enemies. The bill of lading also gave liberty to deviate, and provided that anything done by reason of Government orders should not be deemed to be a deviation. The vessel, after discharging in Egypt troops, horses, and guns which she carried, was ordered to Mudros and Imbros, where she was used for about three months as a store or warehouse for meat for the army in Gallipoli. On her way from Mudros to London the ship was torpedoed, and the goods were lost. Held in a petition of right that under the bill of lading the Government were not entitled to use the ship as a store; that this use amounted to a deviation from the voyage; that, accordingly, the exception clauses did not apply; and that the owners of the goods were entitled to recover in respect of the loss. Decision of Sankey J. reversed.-Court of Appeal (Lord Reading C.J., Bankes and Warrington L.JJ.). An agreement between the owners and the time charterers of a ship provided that if the charterers ordered the ship to trade "in the war region" the charterers should refund to the owners war risk insurance premiums payable by them. In 3rd May 1917. 1916 the ship was trading in American waters by orders of the charterers, and about that time a German submarine destroyed six vessels in an area not far from the area where the ship was trading. Held that the ship had been ordered to trade in "the war region," and that accordingly the owners were entitled to receive from TION OF ADVENTURE-REQUISITION BY ADMIRthe charterers war risk insurance premiums | ALTY.-In August 1914 a ship was chartered Heilgers & Co. v. Cambrian Steam Navigation SHIPPING LAW TIME CHARTER FRUSTRA |