a

of his age. This love of music caused James enjoyment of Gib. This act of sovereignty, III. to draw to his court at Stirling those who which suppressed a national institution, and cherished the harmonic art. His enthusiasm deprived its proper officers of the means of being excited by the musicians who surrounded living, did not commend itself to the Scottish him, James determined that St Michael's Parliament. In 1606 they ventured on Chapel in the castle of Stirling should be rebuilt protest, and passed an Act which, in the words and endowed both as a royal chapel and a of the historian, is illustrative of the intellimusical college. His assassination prevented gence and patriotism of the period. He quotes his project from being completely carried out. the Act in its entirety. It, inter alia, ratified

James IV., it is recorded, did not yield to and approved of the foundation and institution his royal sire in the love and practice of music, of the Chapel Royal in so far as concerned the and not forgetful of his father's desire for the service of His Majesty and his successors in establishment of a musical college, the king at music and all other things not repugnant to length took steps towards this object. Having the true religion then professed, and by the law in 1501 opened negotiations with the court of established within the realm, and all lands, Rome, proceedings ensued from which it kirks, teinds, rents, and commodities whatsoappeared, inter alia, that the pope had got a ever mortified, given, and disponed to the same petition from the king representing that in the or to any of the members thereof; and decerned Chapel Royal of the Blessed Mary and St the members of the Chapel Royal to have Michael, within the palace of the castle of undoubted right to the whole lands and others Stirling, in the diocese of St Andrews, one dean which formerly belonged to the Chapel Royal and several others, chanters, chaplains, and and members thereof. clerks, daily celebrated mass and discharged Although the Act of 1606 formally received other important functions; that the king had the royal assent, King James VI. did not think caused the chapel to be renovated, and had it necessary to keep faith with the Scottish adorned it with books, cups, and other orna- Parliament and with those serving the Chapel ments. The king, it had also been set forth, Royal. He asserted his determination to had assigned some of his own immoveable convert the revenues of the institution into a property with a view to the chapel being source of permanent emolument to Gib, who erected and endowed as a collegiate church. was duly made the recipient of these revenues. The chapel was subsequently erected under a A counter movement was, however, at work, and commission from the pope into a collegiate in course of time Gib's claim was more or less church, with common coffer, seal, chapter, and bought out. other collegial insignia.

By an instrument of gift, dated 2nd June The endowments, consisting of the revenues 1615, the king, on the narrative that the Chapel of certain lands and churches, parts of the Royal of Stirling in the days of James IV. was royal domains assigned by the king, were united to the Bishopric of Galloway, together distributed among the dean, sub-dean, and other with all lands, etc., pertaining to the Chapel officers of the collegiate church. The endow- Royal, ratified in favour of William Cowper, ments were confirmed by Parliament on 13th then Bishop of Galloway, all gifts, provisions, March 1503.

and mortifications made in favour of him or By the erection the Provost of the Provostry any of his predecessors of and concerning the of Kirkheugh, St Andrews, was constituted Bishopric of Galloway, whereof the Chapel Dean of the Chapel Royal, but by a papal Royal at Stirling with the lands, etc., pertaining bull, dated in 1504, it was declared that the thereto, was a part and pertinent; and His provost should cease to be dean, and that the Majesty ordained that the Bishops of Galloway Bishop of Galloway should in future fill that be in all time coming chaplains to His Majesty office.

and his successors as Deans of the Chapel Royal It should be mentioned that in later years of Stirling, etc. the endowments of the Chapel Royal were William Cowper, Bishop of Galloway, died on transferred to Holyrood House.

15th February 1619, and was succeeded in the The historian of the Chapel Royal relates that See of Galloway by Andrew Lamb, then Bishop for many years, notwithstanding feeble attempts of Brechin. This prelate, finding himself after a better state of things, the revenues of the unable to discharge the duties of Dean of the institution were almost wholly secularised. Chapel Royal, resigned the office, and all the John Gib, who was appointed groom of the teinds and revenues of every description belongPrivy Chamber when James VI. was under the ing thereto, into the hands of the king, who age of nine years, acquired an easy ascendancy thereupon effected an important change. over his royal master, and apparently persuaded By letters of presentation, dated 16th July the king to divert the revenues of the Chapel 1621, the king, with advice of the lords of the Royal from their proper use to the beneficial Privy Council, dissolved the Deanery, with all

the lands, kirks, and teinds belonging thereto, Deanery was appointed until the restoration from the Bishopric of Galloway, and from the of the Stuart dynasty after the Usurpation. Crown, and erected the same into a distinct From the Restoration, however, until the benefice, to be called in all time coming the Revolution in 1688 and final establishment of Deanery of the Chapel Royal of Stirling, to Presbytery in Scotland, the office and emolube disponed and gifted by His Majesty to such ments of Dean of the Chapel Royal were held person or persons as he should please, to be by the successive Bishops of Dunblane during called Deans of the Chapel Royal. Further, that period. by the said letters His Majesty incor- At the Revolution in 1688 the whole patriporated with the said Deanery certain kirks, mony of the Chapel Royal reverted to the Crown lands, teinds, and others belonging to the as bona vacantia. monastery of Dundrennan, and ordained a Their Majesties, William and Mary, made a letter of gift to be made under the Great grant of the whole revenues of the Chapel to Seal in competent and due form to the Mr William Carstairs, Minister of the Gospel, Bishop of Dunblane making him Dean of whom they at the same time appointed to be the Chapel Royal of Stirling during his life, one of their ordinary chaplains in Scotland. and giving him the office, benefice, and dignity The revenues were afterwards applied by the of the Deanery of the said Chapel Royal, with Crown principally in grants for life or during lands, teinds, kirks, fruits, emoluments, and pleasure to literary men holding cures in the casualties whatsoever, which of old belonged Church of Scotland, who were generally at the to the patrimony of the benefice. A charter same time appointed royal chaplains, and were of mortification, dated 16th July 1621, under commonly styled Deans of the Chapel Royal. the Great Seal, was expede in favour of Adam, Under the existing gifts the revenues are Bishop of Dunblane, in terms of the said devoted to the endowment of professorships in letters. By the Act, 1621, cap. 57 (Thomson's the Faculty of Divinity in the Scotch unied., Vol. IV. p. 649), entitled “Annexation versities, the subjects gifted being described as of the Chapel Royal to the Bishopric of Dun- “ All and sundry the feu-duties, teind-duties, blane,” the foresaid gift and grant and charter profits, and emoluments whatsoever apperof mortification were ratified and approved taining to the said Chapel Royal of Scotland and confirmed by the king and estates of by the ancient rights and foundations thereof Parliament.

or by any other right or title whatsoever and Thereafter the Privy Council proceeded to whereunto the dean, sub-dean, rectors, prerecover from Grissell Anderson, the widow of bends, chanters, chancellors, treasurers, sacrists, Bishop Cowper, the charters and other writs or any other office-bearers belonging to the said of the institution. Bearing the documents Chapel Royal, at any time theretofore held or entrusted to her late husband, Mrs Cowper lawfully might have had right or title, compreappeared before the Privy Council and duly hending the Abbacy of Crossraguell and Dundelivered the charters, etc., which were there- drennan, being parts and pendicles of the said after delivered to the Bishop of Dunblane. The Chapel Royal. Bishop zealously sought to restore the Chapel The Deanery revenues are derived from lands Royal to its former opulence, but in those in the Counties of Wigtown, Kirkcudbright, days it was far from an easy matter to make Ayr, and Perth, also from teinds of the lands rights effectual.

of Shaws, Helmburn, and Balliades, in the On the translation of Adam, Bishop of parishes of Ettrick and Kirkhope, in the county Dunblane, to the See of Aberdeen in 1635, he of Selkirk. was succeeded in the See of Dunblane by Dr James Wedderburn, in whose favour Charles I., of date 14th October 1635, granted a presenta

MESSRS KENNETH MACDONALD & BARKER, tion and appointment to the Deanery, making solicitors, 11 Queensgate, Inverness, inform us him Dean of the Chapel Royal during his life, that Mr H. L. Williamson, solicitor, Perth, and giving, granting, and confirming to him has been assumed as a partner in their firm as and his successors in office, the gift and grant from 1st July, and that the business will be

carried on the above address under the same enjoyed by Adam, Bishop of Dunblane. Dr Wedderburn held the office of dean with

firm name. all the emoluments belonging thereto until he was deprived of his office of bishop and MR JOHN NIMMO, solicitor, sole partner of the excommunicated by the General Assembly of firm of Nimmo & Fisher, solicitors, Wishaw, 1638, in the course of their proceedings against has assumed as a partner his son, Mr H. W. the order of bishops, which ended in the Nimmo, B.L., solicitor. The business will in abolition of Episcopacy.

future be carried on under the firm name of No successor to Dr Wedderburn in the John Nimmo & Son, solicitors, Wishaw.

و

FACULTY OF ADVOCATES.—A meeting of the Bank would frame and distribute among legal Faculty of Advocates was held on 4th July in practitioners a leaflet setting forth their the Advocates' Library, the Dean of Faculty specialities regarding transfers or dealings with (Mr Condie Sandeman, K.C.) presiding. It the stocks under their charge, that would be was reported that the arrangements for the helpful.

D. M. G. transfer to the Faculty of the library and other property of the Juridical Society of Edinburgh were in course of completion, and it was remitted to the Curators of the Advocates' Library

Letter to the Editor. to take charge of the Society's premises and library, to carry out such repairs and re

21 GOLDEN SQUARE, arrangements as might be necessary, and to

ABERDEEN, 8th July 1924. frame a scheme for the future administration Dear Sir, of the library. Reports by a Committee of

The Bank of England. Faculty on the Adoption of Children (Scotland) Bill and the Guardianship of Children (Scotland) The seventh clause in the Trust Act of 1921, Bill were submitted and adopted.

to which your correspondent refers, carries his

criticism of the action of the Bank of England MESSRS FALCONER & MARSHALL, solicitors very little further. In this clause notice to a and notaries public, Kinross, intimate that they co-trustee of the action to be taken by the have assumed as a partner Mr D. A. R. Cuthbert, others is not dispensed with-advisedly-else M.C., solicitor. The business will be carried on the position of a trustee out of touch with the in the firm name of Messrs Falconer & Marshall. majority would be impossible.

Mr Cuthbert, who has been associated with Adequate notice implies an opportunity to the firm for the last six months, has had a wide acknowledge, and the Bank are taking a legal experience, and was for several years reasonable method of obtaining evidence of managing clerk to a large firm of Writers to receipt of such notice by the remaining trustee. the Signet.

There may be other methods by which such notice might be proved, but that is beside the point.--I am, yours faithfully,

W. O. DUNCAN. THE BANK OF ENGLAND. With reference to the recent article under the above heading, another legal firm has written in sympathy, and has called attention to a further requirement of the Bank. Where, DECISIONS IN THE ENGLISH for example, there are persons in a joint account

COURTS. and one dies, although his death is proved by a certificate, yet in the case of a transfer the

Nadler v. Wilson. Bank will not approve of a form running in the survivor's name unless it contains the words

Survivor in a joint account with deceased ” RENT INCLUDING PAYMENTS FOR ATTENDANCE(naming him). The transfer is accordingly INCREASE OF RENT AND MORTGAGE INTEREST returned by the Bank to the agent that the (RESTRICTIONS) ACT, 1920 (10 & 11 GEO. V. addition may be made and initialed, or a fresh CAP. 17), SECTION 12 (2)—RENT AND MORTGAGE transfer executed.

INTEREST (RESTRICTIONS) ACT, 1923 (13 & 14 The Bank have also forms which they issue GEO V. CAP. 32), SECTION 10 (1).-A dwellingfor amalgamation of accounts in their books. house was let for three years at £74, 48. a year, Thus a man may hold stock in his own name and five shillings a week (which amounted to in one account. Then in another account he £13 a year) for attendance. Both sums were may hold stock jointly with another who is to be paid quarterly in one payment of £21, 16s. dead and whose death is proved. Yet he may The agreement stated that the first payment not include both stocks in one transfer without was due on 24th June 1921, such rent to an amalgamation form being signed.

include attendance. The lease came to an end These regulations, like the declinature of the on 24th March 1924, and the tenant claimed to Bank to accept a transfer signed by a quorum continue in occupation of the dwelling-house in of Scottish trustees (without a form specially virtue of the provisions of the Increase of Rent signed by all the trustees authorising the and Mortgage Interest (Restrictions) Acts. quorum to act), are not generally known, and Held that as the rent included attendance the friction and delays are occasioned which it landlord was entitled to obtain possession.would be desirable to avoid. Perhaps if the K.B. Div. (Lush J.).—16th May 1924.

LANDLORD

AND

TENANT

RESTRICTIONS

CONVEYANCING AND VOTE MAKING. 1681, cap 21, and 16 Geo. II., section 9, to be

publicly infeft in property or superiority and By WM. YEAMAN.

in possession of a 40s. Iand of old extent holden In the "Scots Law Times” of 23rd February of the King or Prince, or liable in public burden 1924 an article appeared entitled “Fagots,” in for His Majesty's supplies for £400 Scots of which there was explained for the benefit of valued rent. To enjoy this privilege it was not · students of law the method adopted by con- necessary for the claimant to be infeft in the veyancers for the purpose of creating votes dominium utile. It was sufficient that he had after the Reform Act of 1832—à method which a title to the superiority either in fee or liferent. was declared to be illegal. In the presentUp to this time scarcely any feu-rights were article it is proposed to bring before students granted except to parties bona fide paying the ingenious methods the profession adopted adequate value and in exchange getting the in order to create votes prior to the Reform Act, entire right of property and possession of the and which fell into disuse thereafter.

lands feued. The number of superiors thereof, The subject now has only an historical interest, and as such county voters on any roll, was but in the course of their professional career therefore very limited. If any great landed the present-day students may have occasion proprietor, therefore, could legally add a number to refer to the inventories of the titles of large of friendly liferent freeholders to the roll, his landed estates, and these, containing frequent influence would thereby become paramount. renewals of Crown rights and the other instru- It does not seem to be recorded who the conments employed in separating the property, veyancer was who first devised the scheme of conveying the superiority and reinvesting their creating a new class of feu-rights and of freeowner in the property, will be more easily hold voters, but it is a well-known fact that understood if the state of the election law of in many of the counties of Scotland the rival the period in question is set forth, and also the great landed proprietors soon came to adopt procedure followed by the conveyancers of a

a similar course. bygone day for the purpose of creating votes The following is a summary of the methods and enabling their clients to carry elections of evolved by the profession in the adaptation Members of Parliament.

of estates of superiority to the creation of votes, At the outset it is necessary to explain that and therefrom students will (in the language of during the eighteenth century, and especially Professor Menzies) have the benefit of observafter the '45 Rebellion, when ward-holdings ing feudal principles illustrated by circumwere abolished-ward-holding being a form of stances which were singularly fitted to exhibit military tenure-landed property became to a their peculiar character and force, viz. : great extent a mercantile commodity. The I. If the owner of lands held them of the practice was then becoming common for landed Crown and the old extent or valued rent thereof proprietors holding of the Crown to grant feu- was large enough to enable several votes to be rights of portions of their estates for adequate created, each voter's qualification amounting value, the consideration being partly money to a 40s. land, or £400 Scots of valued rent, the down and partly a specified ground rent called lands after being surveyed were parcelled out the feu-duty. A stipulation was also made for into separate farms. Thereafter the Commiscasualties of superiority, which might be taxed sioners of Supply of the County, on satisfacor fixed at a certain sum, or be the yearly rent tory evidence being led, granted a decreet of of the ground feued and the buildings thereon, division of the cumulo valued rent of the whole subject to certain deductions. Such convey- estate among the separate farms conform to ances of the property in feu left the right of the relative proportions that the real rent of freehold or of superiority unimpaired. This each farm bore to the cumulo real rent of the right of superiority might be sold as a separate whole lands. A feu-right of each farm, in estate, and, when covering feued property of which a nominal feu-duty was inserted, was the requisite extent, entitled the purchaser then granted by the owner to a friend, who to be enrolled as a freeholder. Such right of acknowledged that the feu was only held by superiority then became a marketable com- him in trust. As soon as the grantee in the modity like the separate rights of property feu-right was infeft by an instrument of sasine conferred by the feu-rights.

being expede on his feu-right the dominium About the middle of the eighteenth century utile was separated or split from the superiority. almost every great landed proprietor in Scotland Then the owner conveyed to the intended became desirous of increasing his political voter, his political friend, the dominium influence. To entitle anyone to be enrolled directum or superiority by a disposition a me as a freeholder of a county, or to elect or be de superiore meo. The voter obtained a charter elected its Member of Parliament, he required from the Crown and, after expeding an instruin virtue of the older statutes, particularly ment of sasine thereon, he was entitled to be

C

owner.

a

enrolled as a freeholder, and was expected to the assignation of the open precept of sasine, support by his votes the political leanings of etc., and the instrument of sasine were only the landowner. Thereafter the owner of the for the liferent of the disponee. Such liferents dominium utile granted an ordinary disposition were in course of time terminated by the death of the subjects feued in favour of the owner, of the liferenters or by renunciation by them, who could then complete his title as sub- and the fee remained all along with the original vassal of the voter.

II. When several votes were to be created It will readily be seen that the constitution the following procedure was adopted in order of votes tended to complicate the titles of large to save the expense of separate charters, viz. : landed estates, especially when the proper pro(a) The owner granted a feu-right and so cedure was not carried out at the right time,

split the superiority from the property. and titles had to be made up when deaths (6) He executed a procuratory of resignation occurred prior to conveyances being granted for new infeftment to himself.

to owners. (c) He obtained Crown charter of The creation of votes did not proceed without resignation.

challenge from political opponents, and the (d) He granted to each voter a disposition legality of the methods adopted was contested

of his portion of the lands and therein in the Courts. It appears from the report assigned the unexecuted precept of of the case of George Skene and Charles Hunter sasine and the clause of dispensation v. David Ogilvie (M. 8792) that in the course of in the Crown charter.

the contest between the Earls of Strathmore (e) The voter was infeft on the charter and and Panmure for the county of Forfar, previous disposition.

to the general election, 1768, the Earl of Strath(f) The grantee in the feu reconveyed the more complained of fourteen different enroldominium utile to the owner.

ments in virtue of dispositions granted by the III. The same end was obtained succinctly Earl of Panmure. It was pleaded against thus : The owner granted to the intended Ogilvie that the tenements or holdings of which voter an absolute conveyance of the property his qualification was composed lay discontiguous containing an obligation on him to reconvey and that infeftment had not been taken upon the dominium utile after completing his title. each tenement separately, but upon one part The voter thereafter resigned upon the dis- of the whole. The Court of Session sustained position, and, having completed his right as the objection, but on appeal the House of Lords Crown vassal, he granted a feu-charter to the reversed the judgment. The appeal is reported

in Paton's Appeals (Vol. II. p. 141). It may IV. When a Crown vassal in lands capable be useful to note the titles under which Ogilvie of affording several votes sold his lands under claimed a vote, and to give the rubric of the reservation of one vote to himself the arrange- case.

The titles were as follow: ment was carried into effect by his conveying 1. Charter under the Great Seal to Earl of the lands to which the reservation did not

Panmure of various lands dated 6th apply by a disposition in usual form but August 1765. granting a feu-right of the portion which was 2. Disposition of certain lands by the Earl to constitute his qualification. The purchaser to Ogilvie in liferent and assigning the accordingly got the dominium utile of that por- charter and the precept of sasine therein tion, the superiority remaining with the seller. contained dated 3rd September 1765.

V. The foregoing methods relate to cases 3. Instrument of sasine in favour of Ogilvie where votes created by constituting following on the charter and disposition estates of superiority. Owners could also dated 19th September and recorded make votes by splitting or dividing existing

14th October 1765. estates of superiority. Thus anyone possessing The rubric reads thus : the dominium directum of Crown lands of £800 INFEFTMENT-DISPENSATION CLAUSE.--Held, Scots valued rent could create one vote in reversing the judgment of the Court of addition to his own by conveying the pro Session, that where parts of lands are indiviso half of the lands, the right of property conveyed by a party, whose charter being excepted from the warrandice. In such contains a dispensation clause authorisa case the voter would complete his title by ing infeftment to be taken on a part for charter of resignation or of confirmation. the whole, that the benefit of this disThe consent of the vassal to multiplication of pensation clause is not lost to the parts superiors had first to be obtained.

alienated, when the conveyance is merely VI. Liferent qualifications were constituted for life, to revert then to the granter, in similar ways, the only difference being that and that the infeftment taken was good the conveyance of the dominium directum with for the whole.

owner,

were