THE LATE CAPTAIN GEORGE MUIR THORNTON, ADVOCATE. George Muir Thornton was the eldest son of the late George Boyd Thornton of Feddal, Perthshire, and Grange Park, Edinburgh, and was born in February 1882. He had his schooling at Merchiston and was thereafter at Trinity College, Oxford, where he was an honours man in the School of Modern History and at Edinburgh University, where he graduated LL.B. He became a member of the W.S. Society, but almost immediately upon doing so he changed his mind as to his career, and in March 1910 he was admitted to the Faculty of Advocates. When war broke out he was among the very first to offer his services and in November 1914 he received a commission in the Seaforth Highlanders. Before long he was promoted to the rank of captain and he proceeded to France in Septtember 1916. He was killed on the busy practice-it is more than doubtful if he would have wanted it. But he had some good work, and had made his pilgrimage to the House of Lords in an important feudal casualty case. He was fond of sport, and spent most of his leisure time on horseback or with rod or gun. His fishing took him far afield-to the wilds of the west of Ireland, where the trout are large and few, and to the comforts of South Harris, where the salmon are small and many. One summer and one only was he persuaded to go to Switzerland for climbing, but he was too strong a nationalist to care much for travel in foreign parts. Thornton was extremely reticent and consequently he was not so well known to many in the Parliament House as most of those others who have gone out into the darkness during the war, but those who knew him well regret his loss deeply, for he was a straight fellow, a true friend, and a genuine sports man. 22nd of August 1917 during an THE Lords of Council and Session have resolved to adjourn the attack on a strongly fortified position in Court from Saturday, 22nd December, up to Flanders. In these few sentences are told the all too brief life story of one more of those whose lives have been nipped by the frost of the Prussian winter just before they had attained full maturity. And they constitute just about all that Thornton would have had the public told about him, for he was one of the most retiring of men. Even now one can only hint at the depth of his disappointment when he was refused a commission in those early days when the War Office insisted upon matter rather than mind for its officers. and including Saturday, 5th January 1918, and have appointed Thursday, 3rd January 1918, to be the box day in the recess. The Lands Valuation Appeal Court will sit on Friday, 14th December next, for disposal of appeals against entries in the Valuation Roll of 1917-18. THE latest list of causes standing for hearing in the House of Lords includes sixteen appeals, of which eleven are from England and five from Scotland. The Scots appeals are: Heinemann At the Bar Thornton never attained a very v. Macdonald; North British Railway Co. v. w Birrell; Davidson & Co. v. M'Robb; Glasgow and South-Western Railway Co. v. Boyd & Forrest; Glendinning v. Board of Agriculture for Scotland. The case of Heinemann v. Macdonald has already been heard, and is awaiting judgment. MR C. D. MURRAY, K.C., has been appointed Director of Recruiting in Scotland. Our readers are doubtless aware that Mr Murray left a most lucrative practice at the Scottish Bar in May 1915, in order to take up military duty. He served for some time under the Director-General of Recruiting in this country, and for the last few months he has been in America acting as legal adviser to the British Recruiting Mission in the United States. MR W. G. SCOTT MONCRIEFF, advocate, formerly Sheriff-Substitute at Lanark, has been appointed an honorary Sheriff-Substitute of Lanarkshire. SIR JOHN LINDSAY, Town Clerk of Glasgow, has been appointed an honorary Sheriff-Substitute of Lanarkshire. MR ROWLAND BURROWS, barrister-at-law, has been appointed one of the counsel to the Board of Trade in Bankruptcy and Companies winding-up. MR PATRICK GIFFORD, solicitor, CastleDouglas, has been appointed Sheriff Clerk and Steward-Clerk of the Stewartry of Kirkcudbright, in succession to Mr William Nicholson, who has resigned. MR WILLIAM FIFE, writer, Glasgow and Barrhead, has been appointed joint-agent of the Barrhead branch of the Bank of Scotland, in succession to the late Mr Joseph Watson. SOCIETY OF PROCURATORS OF MIDLOTHIAN.— The annual meeting of the Society of Procurators of Midlothian was held in the Sheriff Court Buildings, Edinburgh, on 26th October. The following office-bearers were appointed for the ensuing year: President, Mr J. Erskine Dods,, S.S.C.; vice-president, Mr W. Croft Gray, S.S.C.; secretary and fiscal, Mr Charles T. Nightingale, solicitor; treasurer, Mr W. Carter Rutherford, S.S.C.; librarian, Mr Allan M'Neil, S.S.C.; and Messrs R. S. Carmichael, S.S.C.; H. Bell Scott, W.S.; Peter Clark, solicitor; James Cunningham, solicitor; and Norman M. M'Pherson, as members of council. DECISIONS IN THE ENGLISH COURTS. Marsh v. Pope & Pearson Ltd. WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 1-ARISING OUT OF EMPLOYMENT-ACCIDENT IN EMPLOYER'S PREMISES -WORKMAN GOING TO WORK. —A boy going to his work as a screen boy at a colliery slipped on a rail crossing a road while on the colliery premises. The road was a private road belonging to the colliery company and not dedicated to the public, but the public were allowed to use it. At the time of the accident the boy was on his way to the enquiry office to get his check before going to his work. Held that the accident arose out of the employment. Court of Appeal (Swinfen Eady, Bankes, and Warrington L.JJ.).—12th July 1917. WAR RISK-COLLISION.-A ship was requisitioned by the Admiralty on the terms of a charter-party which provided that the Admiralty should not be liable if the vessel were lost by collision or through any other cause arising as a marine risk, but should take the risks of war. The ship was run down by a French battleship while employed at night in embarking troops at Gallipoli at a time when, in consequence of Admiralty orders, she had no navigation or other lights shewing. Held that war risks were the proximate cause of the collision, and that the case fell within the war risks taken by the Admiralty.-K.B. Div. (Rowlatt J.). - 13th July 1917. Rio Tinto Co. Ltd. v. Eitel Bieber & Co. CONTRACT-WAR-TRADING WITH THE ENEMY. 1916 (6 & 7 GEO. V. CAP. 13), SECTION 2.-A a maritime lien over the ship.-Prob., Div., and lessee assigned his lease to an assignee who Adm. Div. (Hill J.).—23rd July 1917. agreed to indemnify the cedent. In 1916 the assignee, who had joined the army, obtained an order from the County Court authorising him to determine the lease, which he subsequently did. The order of the County Court provided that the rights and liabilities of third parties were not to be affected. The lessor was, but the original lessee was not, represented in the County Court proceedings. Held that the determination of the tenancy by the assignee had the effect of discharging the lessee. -Chan. Div. (Astbury J.)-14th July 1917. The -Where a contract for the sale of cupreous sulphur ore provided for the suspension of deliveries during war, but also contained clauses postulating constant commercial intercourse between the parties during war time, held that the contract became illegal and was dissolved on the outbreak of war. Decision of Sankey J. (supra, p. 56) affirmed.-Court of Appeal (Pickford and Scrutton L.JJ. and Neville J.).-25th July 1917. Attorney-General v. Hackney Borough Council. LOCAL GOVERNMENT-ELECTRICITY SUPPLY UNDUE PREFERENCE-ELECTRIC LIGHTING ACT 1882 (45 & 46 VICT. CAP. 56), SECTIONS 19 AND Order issued circulars to customers in their area 20. The undertakers under an Electric Lighting setting forth a scale of charges for the supply of electrical energy. The scale for power was lower than the scale for light, and the circular stated that persons using power could use 20 per cent. of the energy supplied for the purpose of lighting their factories. Held, in view of the differences in the circumstances from the standpoint of the undertaking between power users and light users, that no undue preference was conferred on the former over the latter, and that the undertakers had acted intra vires.-Chan. Div. (Astbury J.).-25th July 1917. Grigg v. Smith. SALE OF FOOD AND DRUGS ACT 1875 (38 & 39 VICT. CAP. 63), SECTION 6-MILK-DEFICIENCY IN FAT-MILK SOLD AS IT CAME FROM THE COW. -A sample of milk was sold as it came from the cow, but was deficient in milk fat to the extent of 13 per cent. The deficiency was due to the manner of milking, some milk having been left in the cow for her calf. Held that the milk, having been sold as it came from the cow, was of the nature, substance, and quality demanded by the purchaser, and that no offence had been committed against the Sale of Food and Drugs Acts.-K.B. Div. (Lord Reading C.J., Ridley and Atkin JJ.).—26th July 1917. Robinson v. Metcalf. PAYING SEAMEN'S WAGES.-In order to prevent the arrest of a ship a firm of shipping-agents paid the wages of the master and crew. shipping-agents did not obtain an assignation of the claims of the master and crew against the PRISONER ship. Held that the shipping-agents had not 1916 (6 & 7 GEO. V. CAP. 15), SECTION 8.— ARMY MILITARY SERVICE · EXCEPTIONS- A British subject resident in Hamburg left Hamburg by train for Denmark two days after the outbreak of war. On two occasions he was detained by an armed guard, and was informed by an officer that he was a prisoner of war, but he was ultimately allowed to continue his journey. Held that there was evidence on which a magistrate was entitled to find that he had not been a prisoner of war or interned by the enemy within the meaning of section 8 of the Military Service Act 1916, and was not excepted from military service of that section. -K.B. Div. (Lord Reading C.J., Darling and Atkin JJ.).—26th July 1917. Clapham Steamship Co. Ltd. v. Naamlooze Venrootschap Handels-en-Transport Maatschappij Vulcan. A British company in January 1913 chartered a steamer belonging to them to a Dutch company in which all the shares were held by German companies. The Dutch company was really a branch establishment of the German companies, and the object of the charter was the provision of tonnage for the business of the German companies. Held that the continued existence of the charter-party tended to support the enemy during the war and that the contract was dissolved by the outbreak of the war.-K.B. Div. (Rowlatt J.).—27th July 1917. Torres v. Torres. WAR COURTS (EMERGENCY POWERS) ACT 1914 (4 & 5 GEO. V. CAP. 78)—LEAVE TO ISSUE EXECUTION—JUDGMENT FOR COSTS ONLY.-In an action on a pre-war contract, where the plaintiff obtained judgment for costs only, held that the Emergency Powers Act 1914 did not apply and that leave to issue execution was not required.-Chan. Div. (Eve J.).-27th July 1917. Hayward v. Moss' Empires Ltd. NEGLIGENCE MASTER AND SERVANT actresses rehearsed for the necessary time without receiving payment and without any contract with the company producing the revue. If their work was approved they would receive a contract to appear in the revue, but they might attend most of the rehearsals and not be engaged. In an action by the actress against the company producing the revue, held (1) that the doctrine of common employment did not apply to the case, and (2) that the plaintiff was not a mere volunteer. Held accordingly that the defendants were liable in damages. Judgment of Shearman J. affirmed. Court of Appeal (Lord Reading C.J., Scrutton L.J., and Neville J.).—30th July 1917. ACT OF SEDERUNT APPOINTING JUDGES FOR HEARING Edinburgh, 26th October 1917. Whereas by section the twenty-third of the Representation of the People (Scotland) Act 1868 it is provided that the Court for hearing appeals under the twenty-second section of the said Act shall consist of three Judges of the Court of Session, to be named from time to time by Act of Sederunt of the said Court, one Judge to be named from each Division of the Inner House, and one from the Lords Ordinary in the Outer House: Therefore the Lords hereby Nominate and Appoint the following three Judges, viz. Lord Dundas, Lord Mackenzie, and Lord Cullen, to be the Court for hearing appeals under the twenty-second section of the said Act, with power to the said Court to adjourn their sittings from day to day so long as the business before them renders it necessary. And the Lords Appoint this Act to be inserted EMPLOYMENT-VOLUNTEER-ACTRESS in the Books of Sederunt, and to be printed and published in common form. COMMON A PLAY.-A theatre company entered into an In (Signed) STRATHCLYDE, I.P.D. THE LATE MR ARTHUR ALISON, ADVOCATE AND BARRISTER-AT-LAW. We regret to record the death, on 12th October, of Mr Arthur Alison. To more than onehalf probably of the members now on the roll of the Faculty of Advocates he must have been a name merely, to many not even that. Years had already passed since he ceased his attendance at the Parliament House, and severed all but a formal connection with its everchanging population. But for over a quarter of a century, with one considerable interruption spent abroad on account of ill health, Mr Alison was a well-known figure there, and took part and interest in all its affairs. His kindly disposition, combined with his shrewd, rather cynically expressed views on men and things, rendered him a most attractive conversationalist and a favourite with all his brethren at the Bar. At the time of his death Mr Alison had reached his seventy-ninth year. He was born in Mearns on Mr William Burns, the firm becoming at first It was in July 1873 that Mr Alison was admitted to the Faculty of Advocates, and began practice at the Scottish Bar. For some years, until his health gave way in 1878, he conducted a large junior practice. In 1875 he was called to the Bar in England (Inner Temple), but, so far as we know, he never availed himself of his right to practise there. He was a generous supporter of many charitable institutions. For long he was a director of the Royal Hospital for Sick Children, Edinburgh, and for some years was chairman of the Board. Mr Alison married Miss Agnes Barclay, daughter of Mr Robert Barclay of the firm of Barclay, Curle & Co., shipbuilders, and he is survived by her and by one daughter and two sons, one of whom is Mr Arthur Alison, advocate, and the other Mr R. B. Alison, Writer to the Signet. COURT OF SESSION.-Monday being term day, Outer House enrolments for Wednesday next will be received to-day. 29th June 1839, and was the youngest son of Mr James Alison, farmer in that parish. He was educated at Mearns School and at the University of Glasgow. Like so many others, he first entered the legal profession as a A SITTING of the High Court of Justiciary solicitor, and that in Glasgow. In qualifying will be held in Glasgow on Thursday, 27th for that branch he served an apprenticeship with the late Mr John Boyd, Writer, Glasgow. In 1861 he was admitted a member of the Faculty of Procurators in that city, and by the time of his death had become the senior member of that body. For some time Mr Alison was IN consequence of the death of the late Sheriff with Messrs Macgregor, Stevenson & Fleming, Orphoot, some changes have been made in the and conducted their Sheriff Court work. There- arrangement of the duties of the Sheriffs-Subafter he entered into partnership with the late stitute of the Lothians. Sheriff Macleod, who December. Lord Guthrie and Lord Skerrington will be the presiding judges, Mr C. H. Brown, advocate-depute, and Messrs George A. Slight and Alexander Rae, clerks. |