The King has been pleased, on the recommendation of the Secretary for Scotland, to approve of the following appointments:

Mr John Wilson, K.C., at present Sheriff of Renfrew and Bute, to be Sheriff of the Sheriffdom of Perth, now vacant by the resignation of Mr C. N. Johnston, K C.

Mr A. O. M. Mackenzie, K.C., at present Sheriff of Inverness, Elgin, and Nairn, to be Sheriff of the Sheriffdom of Renfrew and Bute in the place of Mr Wilson, K.C.

Mr George Watt, K.C., at present Sheriff of Chancery, to be Sheriff of the Sheriffdom of Inverness, Elgin, and Nairn, in the place of Mr Mackenzie, K.C.

Mr M. P. Fraser, advocate, to be Sheriff of Chancery in the place of Mr Watt, K.C.

MR JOHN WILSON.

Mr John Wilson has been successively Sheriff of Caithness, Orkney, and Zetland, of Inverness, Elgin, and Nairn, and of Renfrew and Bute. He is a son of the late Mr James Wilson, solicitor and town clerk of Falkirk, was born in 1857, and educated at the Royal High School and Edinburgh University. For some time he acted as assistant to the Professor of Scots Law. He was admitted

to the Faculty of Advocates in 1885 and was called to the English Bar (Inner Temple) in 1900, and became a K.C. in the same year; in 1898 he was appointed Advocate-Depute, a post which he resigned on being appointed Sheriff of Caithness. He has enjoyed a large practice as a senior counsel and has been largely employed in Parliamentary Bills and Provisional Orders. As a Unionist Mr Wilson unsuccessfully contested Leith Burghs in 1895 and Montrose Burghs in 1898.

MR A. O. M. MACKENZIE.

Mr A. O. M. Mackenzie (transferred from Inverness to Renfrew and Bute) is the fifth son of the late Lord Mackenzie, Senator of the College of Justice. Born in 1858, he was educated at Loretto and at Oxford University. Appointed an Advocate-Depute in 1900, he became one of the Sheriffs-Substitute of Lanarkshire in 1902, and was appointed Sheriff of Inverness in 1912.

MR GEORGE WATT.

Mr George Watt is the son of a Macduff shipbuilder, and received his education at Banff Academy, Aberdeen Grammar School, and Aberdeen University. He afterwards took law classes at Edinburgh University. He took silk in 1900, and since then has conducted a large senior practice. He is one of the most successful jury pleaders at the Scottish Bar. A Unionist in politics, he contested Banffshire unsuccessfully in 1900.

MR M. P. FRASER.

Mr M. P. Fraser, who becomes Sheriff of Chancery, is a son of a Paisley minister of the old Free Church. He was classical dux of Paisley Grammar School, and had a distinguished career at Glasgow University, both in the classrooms and in the athletic field. For a time he was assistant town clerk of Govan. Then he

became a partner in the firm of M'George, Cowan & Fraser, and was admitted to the Faculty of Advocates in 1897. He has been an AdvocateDepute since July 1915. For more than a quarter of a century he acted as honorary secretary of the Central Conservative or Unionist Association.

MR J. L. WARK, advocate, has been appointed interim Sheriff-Substitute of Fife at Cupar in place of Sheriff Armour Hannay, who has obtained leave of absence on account of ill-health.

MR COLIN SMITH has been appointed by the Lord Chancellor to be Secretary of Presentations and Private Secretary to the Permanent Secretary. He was called to the Bar at the Inner Temple in 1903.

MAJOR J. G. THOM, Gordon Highlanders, who has been awarded the Military Cross, is

the elder son of Mr. John Thom, solicitor, Linlithgow, Dean of Linlithgowshire Faculty of Procurators. He is a graduate in Arts of Edinburgh University, and was studying law there at the outbreak of the war. In September 1914 he obtained a commission as Second-Lieutenant in the Gordon Highlanders, and in January following he was promoted to the rank of Captain. In June 1915 he proceeded to France, and has seen much active service there, including the battle of Loos and the battle of the Somme. He has recently been gazetted Major, his promotion being ante-dated to 1st September 1916.

THE annual meeting of the Greenock Faculty of Procurators was held on 12th January. Mr Wm. M'Clure, Dean of Faculty, in the course of a review of the past year, said that the profession to which they belonged had certainly suffered very seriously from the war. They had no extra excess profits; and, while the cost of living and the cost of staffing offices was much greater than before, they were very much in the same position as those with fixed incomes. Since the end of 1914 there had been practically no general legislation. Everything, as the statute-book shewed, had been taken up with exceptional legislation due to the war. There were, however, many subjects which ere long would require to be taken up whenever Parliament had time to deal with them. The question of conveyancing was one which was prominent, and there was actually in draft at the present time a bill which the Incorporated Law Society had taken a good deal of trouble with, and which, he presumed, would see the light whenever the war was ended. There were also a land tenure bill and a bill for the amendment of the Trust Acts. An important matter considered by the Council of the Faculty was the question of the proposed establishment in Glasgow of a branch of the Inland Revenue. It certainly would be a great advantage to those living in the West of Scotland that at the least an expert should be stationed in Glasgow to deal with ordinary accounts and to advise with agents as to those which presented any difficulty. An Act which had taken up a good deal of attention from the Faculty was the Act relating to property -the Increase of Rent and Mortgage Interest (War Restriction) Act 1915, which had been a good deal discussed, and which had certainly created some considerable difficulty, not only for property owners but for those who held bonds over property. He was afraid that, with the extra interest now offered by the Government, for some time to come the position of property owners would not be a very happy one. Mr. James Miller submitted the treasurer's statement, which shewed a balance on hand of £20. The membership of the Faculty was 52.

Mr J. W. Crawford was elected the new Dean of Faculty; Mr T. B. Rowan was appointed secretary, in place of Mr A. R. Prentice, who resigned. Mr James Miller, treasurer and fiscal, and Mr W. A. Thom, auditor, were reappointed.

THE "LAW JOURNAL" of 13th January alludes to the action taken by the military authorities in Ireland in placing a solicitor under arrest because he refused to tell them how he came into possession of certain documents which he produced for the defence at the hearing of a case in Limerick. The military authorities appear to have proceeded under Regulation 53 of the Defence of the Realm Regulations-"The competent naval or military authority may by order require any person or persons of any class or description to furnish him, either verbally or in writing, with such information as may be specified in the order." The words of this regulation, says the "Law Journal," are certainly very wide, but they can scarcely have been intended to compel a solicitor to disclose, against the wish of his client, communications made to him in the ordinary course of his professional work. That would obviously be to make the administration of justice a mockery. No defence in a criminal case could properly be prepared-no legal business of any description could safely be transacted-if the confidence of solicitor and client could be violated. The privilege is entirely in the client's favour, and the interests of justice sanction it. If the military authorities insist that they have been empowered to disregard this old-established rule, their claim will, the journal hopes, not be recognised before the regulation under which they profess to act receives a judicial interpretation.

NEW ENGLISH JUDGE.

The King has been pleased to approve the appointment of Sir Maurice Hill, K.C., as a Judge of the High Court of Justice (Probate, Divorce, and Admiralty Division), in the place of Mr Justice Bargrave Deane, resigned.

Sir Maurice Hill was born in 1862, and was educated at Haileybury and Balliol College, Oxford. He was called to the Bar at the Inner Temple in 1888, and was made a K.C. in 1910. He was knighted last year.

Sir H. Bargrave Deane, who now retires from the Bench, is in his seventieth year. He was Recorder of Margate in 1905, when he was appointed a Judge of the High Court.

DECISIONS IN THE ENGLISH

COURTS.

Ferguson v. Inland Revenue Commissioners.

REVENUE UNDEVELOPED LAND DUTIESBRICKWORKS-FINANCE (1909-10) ACT 1910 (10 EDW. VII. CAP. 8), SECTION 16 (2).-Land was purchased for use as brickworks, and buildings for that purpose were erected on part of it. Other parts were let as arable land. Held that the parts so let had not been "developed" by the erection of buildings, and that they were liable to assessment for undeveloped land duty. Decision of Atkin J. affirmed.-Court of Appeal (Lord Cozens-Hardy M.R., Warrington and Scrutton L JJ.).-24th November 1916.

Horwood v. Millar's Timber and Trading Co. Ltd.

CONTRACT-RESTRAINT ON LIBERTY-PUBLIC

POLICY. A clerk in the employment of the defendants borrowed money from a moneylender in consideration for which he agreed to pay 60 per cent. per annum, and assigned his salary from his present or any subsequent employers. He further agreed not to leave his employment without the moneylender's consent, not to part with his furniture, not to make himself liable for any sum of money, and not to remove from his residence without the like consent. Held, affirming decision of the Divisional Court, that the consideration was indivisible, that the contract was contrary to public policy, and not enforceable.-Court of Appeal (Lord Cozens-Hardy M. R., Warrington and Scrutton L.JJ.).-30th November

1916.

WAR-PARTNERSHIP-ALIEN ENEMY PARTNER

-LEGAL PROCEEDING AGAINST ENEMIES ACT 1915 (5 GEO. V. CAP. 36), SECTION 1.-An English company and a German company entered into partnership in 1906 for the manufacture of certain goods, and the former became agents for the latter in Great Britain and the British colonies. In proceedings under the Proceedings against Enemies Act 1915, held (A. T. Lawrence J. dissenting) that the agency was dissolved by the outbreak of war, but that the English company were not entitled to take over the German company's share in the partnership at a valuation, but that the latter were entitled to a sale and to an accounting for the joint property as at the date of the commencement of the war with a share of the profits subsequently made by the English company with the joint property. Decision of Atkin J. (1916 S.L.T. 63) altered.-Court of Appeal (Swinfen Eady and Bankes L.JJ., and A. T. Lawrence J.).

-30th November 1916.

Rex v. Hertfordshire Appeal Tribunal,
Ex parte Hills.

MILITARY SERVICE ACT 1916 (5 & 6 GEO. V. CAP. 104), SECTION 2 (7)—REFUSAL TO RE-HEAR CASE-APPEAL.-An applicant for exemption from military service, whose application had been refused (subject to an extension of time) sought to have his case re-heard on the ground of "new facts." The tribunal refused to re-hear the case. On appeal, the Appeal Tribunal held that there was no right of appeal from such refusal. Held (diss. Atkin J.) that the Appeal Tribunal was right.-K.B. Div. (Lord Reading C.J., Bray and Atkin JJ.).-5th December 1916.

ACT OF SEDERUNT

APPOINTING JUDGES AND CLERK FOR ADDITIONAL DIVISION OF THE INNER HOUSE.

EDINBURGH, 16th January 1917. The Lords of Council and Session, in pursuance of powers vested in them by the Court of Session Act 1868, section 8, as amended by the Codifying Act of Sederunt, Book A, Chapter I., section 2, hereby appoint Lord Dundas, Lord Mackenzie, and Lord Cullen to sit on and after Tuesday, 6th February 1917, as a Court for the hearing and disposal of causes standing in the Rolls of the First and Second Divisions; further, appoint Mr James S. Saunders, Depute-Clerk of Session, to act as clerk of said Court.

And the Lords Appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form.

(Signed) STRATHCLYDE, I.P.D.

W.S.

Mr Matthew Freer Rodger was the younger son of Mr Campbell Rodger of Helensburgh. He was educated at Merchiston Castle and at Corpus Christi College, Oxford. After leaving Oxford he spent a year at Freiburg, and he then proceeded to Edinburgh, where he took the LL.B. degree. He served his apprenticeship with Messrs R. R. Simpson & Lawson, W.S., and he was afterwards employed in the office of Messrs Carmichael

& Miller, W.S.

Both at school and at college his career was a distinguished one. At Merchiston he twice won the Sir Walter Scott Club Essay Prize, and he also won the Merchiston Essay Prize two years in succession. He distinguished himself in athletics, and was captain of the school in the year 1903-4. At Oxford, besides taking honours in Greats, he was captain of his college Rugby fifteen. He rowed in his college Eight for two years, at a time

succeeded in capturing the trench, but Lieutenant Rodger was killed while leading his company in the advance.

Lieutenant Rodger was of a retiring disposition, but his strong character and great abilities aroused among his friends the liveliest hopes for his professional career. His is one of the many promising lives cut short by this merciless war which has exacted so heavy a toll from the legal profession.

THE House of Lords reassembled after the vacation on Tuesday last, when the new Lord Chancellor, Lord Finlay, occupied the woolsack for the first time at a judicial sitting of the House. The other noble

and learned Lords present were Earl Loreburn, Lord Parker of Waddington, Lord Sumner, and Lord Wrenbury. The Judicial Committee of the Privy Council sat in two Divisions. One Division, consisting of Viscount Haldane, Lord Shaw of Dunfermline, Sir John Edge,

When war broke out Mr Rodger was one of the first to answer the call, and he obtained a commission in the 4th Scottish Rifles. After some months' training at Nigg and at Fort Matilda he went out to France in May 1915, where he was attached to another battalion of the same regiment. He took part in the great offensive on the Somme last July, and afterwards was engaged for some weeks in training reinforcements. He returned to the firing line, and on 23rd October his battalion took part in an attack on enemy trenches which six other battalions had failed to take. On this occasion

ing an Indian appeal, and in the other a Ceylon case was heard by Lord Buckmaster, Lord Dunedin, Lord Parmoor, and Sir Walter Phillimore. It will be noted that each Division had a former Lord Chancellor as its President. There has been a good deal of ill-natured and uninformed comment in the Press on the number of former Lord Chancellors (four) who are entitled to pensions. Three out of the four sit regularly as judge's in the Supreme Appellate Tribunals, and if their services were not available it would be necessary to appoint and pay other judges to do the work. The fourth ex-Lord Chancellor is the veteran Lord Halsbury,

C

who is over ninety years of age, and who sat regularly in the House of Lords for nearly ten years subsequent to his resignation.

SCOTTISH LEGAL CHANGES.

The Lord Advocate has made the following appointments :

Mr William Mitchell, advocate, to be Advocate-Depute, in room of Mr M. P. Fraser, on his appointment as Sheriff of Chancery.

Mr Charles H. Brown, advocate, to be ExtraAdvocate-Depute on the Glasgow Circuit in room of Mr Mitchell.

Mr A. M. MacRobert, advocate, to be Sheriff Court Advocate-Depute, in room of Mr J. 1. Wark on his appointment as interim SheriffSubstitute at Cupar.

MR W. MITCHELL.

Mr William Mitchell was educated at Keith Grammar School and at the Universities of Aberdeen and Edinburgh, and took the degrees of M.A. and LL.B. He was admitted to the Faculty of Advocates in 1897. In November 1911 he was appointed Counsel for the Crown as Ultimus hæres, and was later appointed Extra AdvocateDepute on the Glasgow Circuit. He became an Advocate-Depute in March 1913, but again became Extra Advocate-Depute on the Glasgow Circuit on the formation of the Coalition Government in July 1915. Mr Mitchell presented his commission in the High Court of Justiciary on Monday last.

SIR MAURICE HILL, the new Judge of the High Court of Justice (Probate, Divorce, and Admiralty Division), was born at Tottenham in 1862, and is the eldest son of the late Dr Birkbeck Hill. Educated at Haileybury and at Balliol College, Oxford, he was called to the Bar at the Inner Temple in 1888, and joined the Northern Circuit. He was a pupil of the late Mr. Justice Walton. He "took silk" in 1910, and has since then been one of the foremost leaders in the Commercial Court and at the Admiralty Bar. He has been engaged in nearly all of the important cases in the Prize Court during the war. For a time he gave up his practice at the Bar to act as chairman of the Ship Licensing Committee, and received the honour of knighthood last June.

MR FRANK MELLOR has been appointed a Registrar in Bankruptcy, in the place of the late Mr Registrar Linklater. Mr Mellor was called to the Bar at the Inner Temple in 1886.

CAPTAIN D. BARROGILL-KEITH, Scottish Rifles, who has been awarded the Military Cross, is a graduate of Edinburgh University, where he took the LL.B. degree in 1913. In July 1914 he qualified as a solicitor. Whilst at Edinburgh University Captain Keith had a distinguished career both in Art and Law. He was President of the Students' Representative Council, editor of the "Student," and President of the Students' October 1914, he proposed Lord Kitchener for Conservative Association, in which capacity, in the office of Lord Rector of the University. Captain Keith, who had studied Art in Paris, was well known as a caricaturist, and since the war has been responsible for all the drawings in the

"Book of the 12th Scottish Rifles." lle is the eldest son of Mr. Peter Keith of Olrig, Dean of the Caithness-shire Faculty of Procurators, whose second son, a midshipman on H.M S. "Warspite," was through the battle of Jutland. Captain Keith, who received his commission in September 1914, has seen fifteen months' active service in France, and was awarded the Military Cross during the recent heavy fighting on the Somme.

ANNIVERSARY MEETING OF THE FACULTY OF ADVOCATES.