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has acted as Sheriff-Substitute at Haddington legal and hunting friends, both at Ratho, where and Linlithgow, will cease to sit at Linlithgow, he lived until recently, and later in Edinburgh. but will act as Sheriff-Substitute at Haddington He is survived by his widow and one daughter. and in Edinburgh. The duties of the SheriffSubstitute at Linlithgow will be taken over by Mr Alexander Moffat, now Sheriff-Substitute at Falkirk, who, of course, still remains SheriffSubstitute at Falkirk. The work at Peebles will be discharged by Mr Patrick Smith, SheriffSubstitute at Selkirk, in addition to his duties at Selkirk.

IMPERIAL PARLIAMENT.

Mr WATT (Glasgow, College-Lib.) asked the Secretary for Scotland-Whether it is his intention to fill up the vacancy in a procurator-fiscalship at present existing in Scotland, or to adopt his former system of joining up two or three districts of this office in view of the facts that very few duties have to be performed in war time by fiscals in most districts, that the holders of such offices are themselves in favour of consolidation, and that thereby considerable sums would be saved to the Treasury.

THE SECRETARY FOR SCOTLAND.-The answer to the first alternative of my hon. friend's question is in the affirmative, to the second in the negative. The Lord Advocate does not agree that very few duties have to be performed by fiscals in most districts in war time, and certainly no such state of affairs obtains with regard to the fiscalship in question. In view of the circumstances of this particular post, the Lord Advocate is satisfied that no amalgamation with any other district would be expedient or would result in any considerable saving to the Treasury.

NEW IRISH JUDGE.

Mr T. F. DAWSON MILLER, K.C., has been appointed Chief Justice of the High Court of Judicature at Patna, in succession to Sir Edward Chamier, who has resigned.

Mr EDWARD W. HANSELL, barrister-at-law, has been appointed Recorder of Maidstone, in succession to Mr H. F. Dickens, K.C., who resigned on his appointment as Common Serjeant of the City of London.

Mr RAYNOR GODDARD, barrister-at-law, has been appointed Recorder of Poole, in succession to Mr Justice Clavell Salter.

DECISIONS IN THE ENGLISH
COURTS.

Cheshire Lines Committee v. Butler & Co. Ltd.

RAILWAY-RAILWAY AND CANAL COMMISSION -EXPENSES-BOARD OF TRADE ARBITRATIONS

ACT 1874 (37 & 38 VICT. CAP. 40)—RAILWAY AND CANAL TRAFFIC ACT 1894 (57 & 58 VICT. CAP. 54).-Held that the Railway and Canal Commissioners have no power to award costs in a case coming before them under the Board of Trade Arbitration Act 1874, unless (1) the dispute is a dispute between two railway companies or (2) the Commissioners are of opinion that the

defence or the claim is frivolous or vexatious. Railway and Canal Commission (Lush J., Hon. A. E. Gathorne Hardy, and Sir James Woodhouse). 30th July 1917.

Cannon Brewery Co. Ltd. v. The Central Control
Board (Liquor Traffic).

WAR-LIQUOR CONTROL-COMPENSATION FOR

Mr William Moore, K.C., M.P., has been appointed one of the Justices of the King's Bench Division of the High Court of Justice in Ireland. Mr Moore has for many years represented North Armagh in the House of Commons, the last con- PREMISES COMPULSORILY ACQUIRED—DEFENCE test having been in 1906, when Mr Moore's return | OF THE REALM (AMENDMENT) (NO. 3) ACT 1915 in succession to the late Colonel Saunderson was (5 & 6 GEO. V. CAP. 42), SECTION 1.-The contested by an independent Conservative, who was defeated by a large majority.

THE death is announced of Mr Hugh Martin, S.S.C., the senior partner of the firm of Hugh Martin & Wright, Edinburgh. Mr Martin, who had been in business since the early seventies, was for many years an official of the Linlithgow and Stirlingshire Hunt. After he ceased to follow the hounds he was a well-known and popular figure at the annual point-to-point races of the Hunt. He was a great favourite among

Central Control Board (Liquor Traffic), acting under the powers conferred on them by the Defence of the Realm (Amendment) (No. 3) Act 1915 and the regulations made thereunder, acquired compulsorily the fee-simple of certain licensed premises. Held that the owners were entitled to claim compensation under the Lands Clauses Act 1845, and not merely the compensation which might be awarded as an act of grace on the recommendation of the Defence of the Realm Losses Enquiry Commission.—Chan. Div. (Younger J.).—31st July 1917.

UNIV. OF MICH. LAW LIBRARY

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WAR—TRADING WITH THE ENEMY-DISSOLU

agree

neutral Government has failed to do its duty,
that fact does not entitle the Prize Court to

release the prize. Judicial Committee of the
Privy Council (Lord Parker of Waddington,
Lord Wrenbury, Sir Samuel Evans, Sir Arthur
Channell).-3rd August 1917.

ARMY

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REGULAR MINISTER OF RELIGIOUS DENOMINA-
TION

TION OR SUSPENSION OF CONTRACT.-—An
ment between an English company and K., a
German, provided that it should remain in force
for ninety-nine years; that the company, if
required by K., should deliver to him a minimum
quantity of 200,000 tons of iron ore per annum,
and that K. should be bound to take a minimum
quantity of 45,000 tons of ore in each year.
The agreement also provided that if by reason
of war or civil disturbance the company
GEO.
should
be unable in any year to deliver the proper
quantity of ore, the amount should be made up
during the five years following the cessation of
war or civil disturbance. The agreement further
provided that (apart from its provisions as to
arbitration and the settlement of accounts) it
should have no force during the time in which
an unavoidable cause should prevent the delivery
or receipt of the ore, but should revive on the
cessation of such cause. K. transferred the
benefit of the agreement to a German company.
Held that the agreement was dissolved, not
merely suspended, by the outbreak of war
between Britain and Germany, except as to the
liability of the German company to pay for ore
delivered prior to the outbreak of war.-Chan.
Div. (Younger J.).-31st July 1917.

The "Carrie."

SHIP-SALVAGE-DUTY TO RENDER SERVICES -KING'S SHIP NEUTRAL VESSEL ATTACKED BY SUBMARINE-CARGO BELONGING TO ALLIED GOVERNMENT.-A neutral steamer, carrying a cargo of munitions for the French Government, was attacked by German submarines but not sunk. She was towed into port by two of H.M. patrol boats. Held that, even if it were the duty of the officers and men on board the patrol boats to save the cargo as the property of an allied Government, they owed no duty to the owners of the neutral ship to save the ship, and that they were entitled to an award for salvage services. Observed that salvage by a King's ship cannot be treated in the same way as salvage by a private ship.-Prob., Div., and Adm. Div. (Hill J.).—31st July 1917.

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MILITARY SERVICE ACT 1916 (5 & 6 V. CAP. 104), FIRST SCHEDULE (4). A., who had no special training for the tion of strict Baptists, and thereafter ministered ministry, was elected minister of a congregaregularly to the congregation, which consisted of about thirty persons. A. did everything that could be done by any minister of the denomination, but he was not formally ordained. He was not paid a fixed salary, but collections were taken, out of which, after paying expenses, he received about £20 a year. He had the exclusive privilege of conducting the service of the congregation, and was responsible to the congregation only. At the time of his election A. was a grocer, and he subsequently became a storekeeper to a brassfounder. Held that there was evidence entitling a magistrate to find that A. was not a regular minister, and therefore was not exempt from military service.-K.B. Div. (Lord Reading C.J., Darling and Shearman JJ.). -30th August 1917.

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MILITARY SER

SERVICE ACT 1916 (5 & 6 GEO. V. CAP.
104), FIRST SCHEDULE (4)
VICE ACT 1916 (SESSION 2) (6 & 7 GEO. V.
CAP. 15), SECTION 1 (1).—A regular minister of
a religious denomination was appointed after the
expiry of thirty days from the passing of the
second Military Service Act 1916, and was
ordained in 1917. Held that he was not exempt
from military service as he was not a regular
minister at "the appointed day."-K.B. Div.

(Darling, Avory, and Bailhache JJ.). 20th Council (Lord Parker of Waddington, Lord September 1917. Wrenbury, Sir Arthur Channell).—16th October 1917.

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EXCEPTION MILITARY SERVICE ACT

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1916

(SESSION 2) (6 & 7 GEO. V. CAP. 15), SECTION 1 (1). A. was discharged from the Army by the Army Council under the King's Regulations 329, paragraph 25, on the ground that his services were no longer required. The discharge was ex facie unconditional, but the intention was that A. should be enabled to appeal to a tribunal. Held that, notwithstanding the discharge, A. was liable to military service under section 1 (1) of the second Military Service Act of 1916.-K.B. Div. (Darling and Avory JJ., diss. Bailhache J.).-20th September 1917.

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WAR-PRIZE-CONDITIONAL CONTRABAND

FOODSTUFFS NEUTRAL SHIP.-A neutral ship carrying a cargo of herrings (which were conditional contraband) from Norway to Lubeck was captured by one of His Majesty's ships. Held that as the victualling of the civil population in Germany had become a war problem, and as the cargo, if it had arrived, might have increased the rations of other kinds of foodstuffs supplied to the German forces, the cargo was rightly condemned as prize. Held also that the ship was lawful prize, as in the circumstances the owners must be deemed to be aware that the cargo was contraband. Decision of Sir S. Evans P. affirmed.-Judicial Committee of Privy

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Sir John Fortescue's "De Laudibus Legum Anglia" is one of the earliest of English lawbooks. As most lawyers know, Sir John was an eminent judge, who held the office of Lord Chief Justice of England from 1442 to 1460. A staunch supporter of the Lancastrian king, he was deprived of his office and driven into exile when the Yorkist line came to the throne, and the "De Laudibus" was written during his exile for the instruction of Prince Edward, the son of King Henry VI., whom Sir John, of course, regarded as the rightful Prince of Wales. The title of the book is appropriate, for the author insists at length on the great superiority of the laws of England over other systems, such as the Civil Law and the law of France-the merits of trial by jury, and of limited as compared with absolute monarchy being specially emphasised. To a modern lawyer, the accounts which the author gives of the Inns of Court and the Order of Serjeants are among the most interesting features of the book. The translator has done a difficult piece of work exceedingly well, and may be heartily congratulated on the results of his labours.

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This book discusses the question, What is to be the fate of Constantinople and the Straits at the end of the war? The greater part of the book is taken up with the history of the question, including a very clear exposition of the different treaties by which the statesmen of Europe have striven to reconcile the jarring interests of the different nations in this troubled part of the world. For the future, the authors' thesis is that the Straits should be neutralised, and that Constantinople itself should be internationalised and placed under the joint protection of the Powers. A good deal of ingenious argument is adduced in support of the authors' plan, but we cannot help feeling that its survival value is not very high.

THOMAS LIDDLE, Esq., S.S.C.

Mr Thomas Liddle is senior partner of the firm of Thomas & William Liddle, W.S. He has long taken an active interest in the affairs of the Society of Solicitors before the Supreme Courts, which has now, in well-merited recognition of his professional standing and his past services in many capacities, including those of librarian and vice-president, elected him to the office of President of the Society.

which has brought him many friends. He used to be fond of hill climbing, and still retains the "heather step," but he now prefers to exercise it on the golf course.

LIEUTENANT F. C. THOMSON, Scottish Horse, who has been wounded, is a member of the Scottish Bar, having been admitted in 1901. He is the son of a well-known Leith shipowner, and prior to the war was largely employed in shipping cases. He obtained a

Mr Liddle was born in Linlithgow at an commission in the Scottish Horse in the early earlier date in the

Victorian era than one would guess from the vigour of mind and body which characterise him to-day. He served his apprenticeship with Messrs Glen & Henderson, Linlithgow, and was subsequently in the employment of Messrs M'Grigor, Donald & Co., Glasgow, and Messrs Waddell & M'Intosh, W.S., Edinburgh, to whom he acted as managing clerk. Duly fortified with the all-round experience thus acquired, he started

business in 1881

in partnership with

days of the war, and has now been a long time on active service in the East. Lieutenant Thomson was dangerously wounded, but his friends in the Parliament House and elsewhere will be glad to learn that he is progressing favourably.

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MAJOR J. R. ORR TAYLOR, who has been wounded, was admitted to the Faculty of Advocates in 1914. He held a commission in the Territorial Force at the beginning of the war, and was gazetted major in May

Mr J. Murray Lawson. On the dissolution of 1916. He was previously wounded last April. that firm he carried on business alone, until in 1913 he assumed as partner his son, Mr William Liddle, W.S., who is now on service as an officer of the Royal Scots.

Mr Liddle is a strong churchman. Besides being an Ecclesiastical Commissioner, he has for many years taken an active part in the work of St George's Parish Church. He is one of the senior members of the kirk-session, and became clerk to that body on the death of Mr Harry Cheyne, W.S., last year.

To the ripe experience and robust common sense which he places at the service of his clients Mr Liddle adds a kindly and sociable disposition,

MR FREDERICK M'MILLAN, of the Inner Temple, barrister-at-law, has been appointed the Admiralty in conveyancing counsel to succession to Mr Frank Loftus Wright, who has resigned.

MR GEORGE HUNTER PICKERING, barristerat-law, has been appointed a Judge of the High Court of East Africa. Mr Pickering was called to the Bar at the Inner Temple in 1903.

MR H. T. WADDY has been appointed junior

y

magistrate at Greenwich and Woolwich Police Courts, in succession to Mr F. C. P. Boyd.

MAJOR G. E. B. OSBORNE, who has been killed in action, was the only son of the late Mr Robert Osborne, of Thornton Hall, near Glasgow. He was educated at Glasgow Academy and Glasgow University, and after receiving a practical training in law he became a partner in the firm of Pagan & Osborne, solicitors, Cupar, in 1904. In March 1913 he was appointed joint-agent of the British Linen Bank at Cupar. He also acted as secretary of the Cupar Tennis and Hockey Clubs. Before coming to Cupar he held a commission in the Lanarkshire Volunteers, and at the outbreak of war he was a captain in the Yeomanry. He served in Gallipoli and Egypt.

WITH reference to the announcement in our issue of 27th October that the Secretary for Scotland had appointed Mr Patrick Gifford, solicitor, Castle-Douglas, to be Sheriff-Clerk and Steward Clerk of the Stewartry of Kirkcudbright, now informed that Mr Gifford has declined the appointment.

we

are

MR THOMAS MACROBERT, jun., solicitor, Paisley, has been appointed Clerk of the Peace for the county of Renfrew, in place of the late Mr J. P. Fyfe. Mr MacRobert is the senior partner of the firm of Messrs MacRobert, Son & Hutchison, writers, Paisley, and of 7 West George Street, Glasgow. He has held the office of Depute J.P. Clerk since 1889, when his father, the late Mr Thomas MacRobert, who was Clerk of the Peace for the county from 1859 till his death in 1892, assumed his son as a partner, and Mr MacRobert was appointed Depute-Clerk on joining his father's business. He is one of the leading lawyers in Paisley, and on various occasions he has acted as agent for the Unionist candidate at Parliamentary elections in the burgh. He is a brother of Mr A. M. MacRobert, advocate, who has given up a large junior practice at the Bar in order to take up war work at the Admiralty.

It is understood that Mr Robert Young Mackay, Procurator-Fiscal of Banffshire, has been promoted to be Procurator-Fiscal of Dumfriesshire. Mr Mackay is a son of the late Dr Mackay, Elgin. He was appointed to the ProcuratorFiscalship of Banffshire several years ago, when he left Buckie to reside in Banff. Formerly he was Liberal agent for Banffshire.

WE regret to record the death of Mr G. A. Mackenzie, solicitor, Perth, which took place on 13th November. Mr Mackenzie, who was the son of the late Mr David Mackenzie, of the firm of Mackenzie & Dickson, was born at Perth sixty-seven years ago. In 1872 he succeeded his

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WAR-PRIZE-WRONGFUL SEIZURE-DAMAGES

-LIABILITY OF CROWN.-A ship which left Hamburg on 21st October 1914 was ordered to Stornoway, where her cargo was seized on 13th April 1915. The Prize Court ordered the release of the cargo on the ground that, as the vessel had left Hamburg before 1st March 1915, the "Reprisals" Order in Council of 11th March 1915 did not apply. Held that the owners of the cargo were not entitled to claim damages and costs from the Crown.-Prob., Div., and Adm. Div. (Sir S. Evans P.).—18th October 1917.

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