« PreviousContinue »
(6) If the weekly payment is awarded by the Court, the application may be made at or immediately after the hearing of the application.
(c) The application may also be made to the Sheriff after notice in writing has been served on the other party or his agent three days at least before the hearing of the application by the Sheriff.
(d) Where any weekly payment is ordered to be paid into Court, the sums paid in shall be paid out by the sheriff-clerk or otherwise applied for the benefit of the person entitled thereto in such manner as the Sheriff shall direct.
21. The forms appended to C.A.S., Book L, Chapter xiï., are to be held as the forms appended to this Act. 22. Definitions. In the Act of Sederunt,
“the Acts” means the Workmen's Compensation Acts, 1906 to 1923;
the principal Act means the Workmen's Compensation Act, 1906;
Act, 1906, as amended by the Workmen's Compensation Act, 1923;
the Channel Islands, and the Isle of Man.
J. A. CLYDE, I.P.D.
ACT OF SEDERUNT AMENDING ACT OF SEDERUNT REGULATING FEES PAYABLE
IN THE SHERIFF COURTS OF SCOTLAND, TC., DATED 22ND FEBRUARY 1922.
The Lords of Council and Session, in pursuance of the power vested in them by section 25 of the Workmen's Compensation Act, 1923, do hereby declare and enact that in Part II. of A-Sheriff Court Proceedings of the Table of Fees annexed to the foresaid Act of Sederunt the section applicable to the Workmen’s Compensation Act is hereby repealed, and in lieu thereof there shall be inserted in the said Act of Sederunt the following:
“ WORKMEN'S COMPENSATION ACTS. “ 20. Application for reference to a medical referee
£0 5 0 " 20A. Fee to be prescribed by Secretary of State to cover remuneration and
expenses of medical referee under
(13 & 14 Geo. V. cap. 42)
0 10 0
(calculated to the nearest shilling) and that section 3 of the said Act of Sederunt be altered and amended by inserting the words“ or the recording of an agreement ” after the word " award "in the fourth
" ” line of the second paragraph of said section 3.
And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form.
J. A. CLYDE, I.P.D.
MR J. MʻLAREN SMALL, solicitor and notary, B.L., S.S.C., and Mr James Sutherland Tait, having acquired the practice of Mr John H. S.S.C., as partners in his practice, which will Horn, solicitor, Stonehaven, is now carrying on be carried on under the firm name of G. W. the same under the firm name of Horn & Small, Tait & Sons. solicitors and notaries, at 69 Barclay Street, Stonehaven.
ADJOURNMENT OF COURT. - Edinburgh, 8th Mr Small carried on business at Stornoway January 1924. — The Lords of Council and
for a number of years.
Session, under authority of the 4th section of
the Court of Session Act, 1868, resolve to MR GEORGE W. Tait, S.S.C. and N.P., 34 adjourn the Court from Saturday the 9th to Leith Walk, Edinburgh, intimates that he has and including Saturday the 16th February assumed his two sons, Mr George James Tait, next.
J. A. CLYDE, I.P.D.
SIR ARCHIBALD CRAIG, LL.B., J.P., in Council is confined to England and Northern SOLICITOR, GLASGOW.
Ireland, and similar provision has not yet been Members of the profession who are acquainted made as regards the Irish Free State by the with Mr Craig's numerous activities will heartily congratulate him on the honour of knighthood recently conferred on him.
EXTRA NORTH CIRCUIT.—The Hon. Lord Sir Archibald Craig, the senior partner of the Hunter and the Hon. Lord Blackburn. Dundee, firm of Scott, Craig & Brown, is a lawyer well Tuesday, 5th February 1924, at half-past ten known in Glasgow and by no means unknown o'clock forenoon. Pleading Diet, Saturday, in Edinburgh. He was born at Barrhead and 26th January 1924. Service, Saturday, 19th received his early education at the High School January 1924. Aberdeen, Tuesday, 19th Feband University of Glasgow. His association ruary 1924, at half-past ten o'clock forenoon. with the University did not cease with the Pleading Diet, Saturday, 9th February 1924. completion of his education, and for over Service, Saturday, 2nd February 1924. Perth, thirty-five years he has been clerk to the Tuesday, 26th February 1924, at half-past General Council. He is a member of the ten o'clock forenoon. Pleading Diet, Saturday, Merchants' House, a member of the Livery 16th February 1924. Service, Saturday, 9th of the Worshipful Company of Plumbers, a
February 1924. Lord Kinross, AdvocateFreeman of the City of London, and Dean of Depute; Messrs Alexander Rae and V. S. M. the Glasgow Consular Corps. First as treasurer Marshall, Clerks. of the Glasgow Centre of the Franco-Scottish Society and then as secretary, Sir Archibald MR WILLIAM A. BOYES, Perth Burgh ProseCraig has devoted much time and enthusiasm cutor and Depute Procurator-Fiscal for Perthto the promotion and maintenance of friendly shire, has died at his residence at Bellwood relations with the French people. In recogni- Park, Barnhill, Perth. Mr Boyes, who was a tion of this service the French Government native of Stanley, was about seventy-five years conferred on him the Médaille de la Recon- of age, and was appointed Burgh Prosecutor in naissance Française and the honour of Officer 1894. He served his apprenticeship with the de l'Instruction Publique. In the political late Mr Melville Jamieson, solicitor and world he has long worked zealously for the Procurator-Fiscal for the county. Unionist cause in Glasgow and the West of Scotland. During both Mr Bonar Law's con
MR J. E. GROSSET, LL.B., solicitor, Cupar, tests for the Central Division of Glasgow he was died at his residence, Edenpark, Cupar, recently. chairman of the election committee, and at He was the second son of the late Mr William present holds the positions of convener of the Grosset, paper manufacturer, Leven. After Western Divisional Council of the Scottish graduating at St Andrews, he went to Cupar Unionist Association and vice-chairman of the in 1886, having acquired the legal business of Glasgow Unionist Association.
the late Mr W. R. Renton, who had then been
appointed Procurator-Fiscal for the county of It is officially announced that Orders in Fife. In 1893 Mr Grosset was assumed a Council have been issued extending the Main- partner by the late Mr W. M. Johnstone in tenance Orders (Facilities for Enforcement) the firm of Drummond, Johnstone & Grosset, Act, 1920, to the Overseas Territories named writers, Cupar. Mr Johnstone retired from the below. The Act provides for the enforcement Cupar agency of the National Bank of Scotland in England and Ireland of maintenance orders in 1896, and Mr Grosset then succeeded him in made by a Court in any part of His Majesty's that office. He later took into partnership his Dominions outside the United Kingdom or in brother, Mr A. E. Grosset, who survives him, any British Protectorate to which it extends, and who became joint-agent in the bank with and the Legislatures of the undermentioned him. Mr Grosset's abilities in Court work were Territories, to which it has now been extended, widely known, and he was engaged in many have made reciprocal provisions for the enforce- important cases. He was recognised as ment therein of maintenance orders made by authority on Church law, and frequently Courts in England and Ireland :
appeared before the Courts of the Church of Union of South Africa (as from 1st November Scotland. As an educationist, Mr Grosset was 1923).
considered one of the leading men in Fife. He Bahamas.
served for the first three years of its life on the British Honduras.
Fife Education Authority. Previously he had St Helena.
been a member of Cupar School Board, and for Norfolk Island.
twenty years was a member of the Cupar The operation of the above-mentioned Orders Education Trust, holding the office of chairman
of Governors of the Bell-Baxter School since guilty, as stated. Held that the refusal of 1916. He was also Dean of the Faculty Procurators. He was a man of wide knowledge the parties remain living together and dis
e sexual intercourse by one of the parties while and great generosity. He was about sixty-two charging the other duties of the married state years
cannot by itself be said to amount to desertion.
-Prob., Div., and Adm. Div.(Sir Henry Duke P. SIXTY YEARS AT PARLIAMENT HOUSE.—The and Hill J.). --16th October 1923. death occurred suddenly on 18th December of Mr Robert Hamilton, bar officer at Parliament House, Mr Hamilton, who was born in 1837,
Sandeman v. Gold. entered the employment of the Faculty of Advocates on 15th June 1863, in the Deanship of James Moncreiff. In 1877 he became bar
TARRAGONA PORT APPLIED TO SPANISH WINE officer, and in that capacity he served under eighteen Deans of Faculty, and was contem
-MERCHANDISE MARKS ACT, 1887 (50 & 51 VICT. porary with nineteen Lords Advocate and
CAP. 28), SECTIONS 2 AND 3-ANGLO-PORTUtwenty-six Solicitors-General. Of those
GUESE COMMERCIAL TREATY ACT, 1914 (5 GEO. V. members who belonged to the Faculty when he CAP. 1), SECTION 1–ANGLO-PORTUGUESE COMentered its service, Lord Trayner is the only
MERCIAL TREATY ACT, 1916 (6 & 7 GEO. V. survivor. Mr Hamilton was for forty-three 1923 the respondent sold a quart bottle of red
CAP. 39), SECTION 1 (1).—Upon 9th January years a member of the Edinburgh Choral Union; he was precentor of the Parish Churches Spanish wine known as “ Tarragona,” the bottle
being labelled “ Tarragona Port.” It was
, lockhart, and from 1870 he led the singing in the claimed by the appellant that these words conGeneral Assembly of the Church
of Scotland. the provisions of the Anglo-Portuguese Treaty
stituted a false trade description. Held that Mr Hamilton, who resided at 5 Hailes Street, Acts had been contravened, as by these Acts Edinburgh, was in attendance at the Court of Session till a week before his death, and
it was provided that the description “port appeared to be in his usual health.
applied to any wine or other liquor other than
wine the produce of Portugal should be deemed It is with much regret that we record the to be a false trade description within the meanrecent death of Mr J. W. Brodie-Innes, advocate ing of the Merchandise Marks Act, 1887.and barrister. A portrait biography will be
K.B. Div. (Lord Hewart C.J., Sankey and
Salter, JJ.).—19th October 1923. published in our next issue.
Parkes v. Parkes.
DECISIONS IN THE ENGLISH
HUSBAND AND WIFE- -DIVORCE--RESTITUTION COURTS.
OF CONJUGAL RIGHTS-NULLITY SUIT BROUGHT
BY HUSBAND DISMISSED WIFE THEREAFTER Jackson v. Jackson.
EXPRESSING HER WILLINGNESS TO RETURN TO
HER HUSBAND AND FILING PETITION FOR RESTIHUSBAND AND WIFE-DESERTION—AUSBAND TUTION.—The respondent in this case admitted REFUSING MARITAL INTERCOURSE-SUMMARY
that he had ceased to live with his wife, and JURISDICTION (MARRIED WOMEN) ACT, 1895 averred that she had by her refusal to allow (58 & 59 VICT. CAP. 39), SECTION 4.-The the marriage to be consummated made it appellant had been found guilty by the Burnley impossible for him to live with her. He had justices under the Summary Jurisdiction previously filed a petition for nullity on the (Married Women) Act, 1895, section 4, of ground of her incapacity, but the petition had deserting his wife and had been ordered to pay been dismissed. Held that if it was to be her maintenance at the rate of £1 a week. believed that the petitioner was resorting to It had been proved that he had for some time the Court without any readiness to return to previously occupied a separate bedroom and cohabitation with her husband, the petition abstained from sexual intercourse. The parties would have been dismissed, but on a review of had been living in the same house, and the the facts there appeared to have been no such husband had been supporting his wife. The wilful refusal of marital intercourse by the wife case was adjourned by the justices to allow the as to warrant her husband's desertion, and husband an opportunity of resuming marital decree for restitution of conjugal rights granted. relations. Thereafter, as marital relations had --Prob., Div., and Adm. Div. (Sir Henry not been resumed, they found the appellant Duke P.).-30th October 1923.
has at least this advantage, that it enables the The “ Australmead."
commentators to expound the statute in the
light of a certain amount of judicial interpreSHIP-COLLISION-DUTY
STEAMSHIP tation. Careful attention has been given to WHEN TURNING IN A RIVER AFTER GIVING A the effect of the Act on Scots law no less than TURNING SIGNAL-AUMBER BYE-LAWS, 1910— on that of England. HUMBER RULES, 1910, RULE 14.-On 25th January 1923 the screw-tug “ Salvage,” 80 feet in length, with eight keels in tow, was in the The Practice and Law of Income Tax and SuperBell Mouth entrance of the Alexandra Dock, Tax. By Wm. Sanders. Third Edition. Hull, bound out and down the river. The keels 1923. London : Butterworth & Co. Price were in four ranks, the Pioneer” being the 21s. net. first keel in the port string. The length of the whole flotilla about 470 feet. The
Every fresh attempt to solve the riddles proAustralmead,” 370 feet long, in charge of a vided by the income tax legislation provokes pilot with a head tug attached was bound for afresh the anger of the lawyer and the taxAlexandra Dock. She had come up river, and, payer at the needless complexity and obscurity the dock signals being against her, had given the for which this class of statute is now notorious. port helm
turning signal in accordance with Many of those who require to penetrate the Rule 14 of the Humber Rules, and had begun mysteries have been accustomed to take Mr to turn, intending to get head to tide and wait. Sanders' work as their guide; and all these will The “Salvage ” and her keels went across the be pleased to have his book in a new and revised Bell Mouth under port helm to an up river edition. The outstanding changes are, naturcourse, assuming that the “ Australmead" ally, the omission of the chapters dealing with
' would continue turning. The Australmead
the Excess Profits Duty, and the inclusion of came ahead, and colliding with the “ Pioneer ” Corporation Profits Tax. sank her. Held that the “ Australmead” was to blame for the collision as the vessel giving a turning signal was not entitled to hold up all the traffic : the signal imposed a duty on other
CURRENT LAW LITERATURE. vessels to keep out of the turning vessel's way, Journal of Comparative Legislation and International but it imported a correlative duty upon the
Law. Society of Comparative Legislation. turning vessel to turn round—not merely to
Price 6s. net. put herself athwart the stream and so continue -and to turn in a proper way, using no more Copyright Cases, 1922–3. By E. G. Macgillivray, of water than was reasonably necessary for the the Inner Temple. The Publishers' Association. purpose. - Prob., Div., and Adm. Div. (Hill J.). -31st October 1923.
Holding Companies and their Published Accounts.
Price 13s, net.
The Criminal Evidence Act, 1898. By N. W. Sibley,
of Lincoln's Inn, and J. A. Howard Watson, BOOK NOTICES.
Solicitor. Effingham Wilson. Price 10s. net.
Debentures. By Herbert W. Jordan. Eleventh The Criminal Evidence Act, 1898. By N. W.
Edition. jordan di Sons Ltd. Price 1s. 6d. net. Sibley, Barrister-at-Law, and J. A. HowardWatson, Solicitor of the Supreme Court. Beal's Cardinal Rules of Legal Interpretation. 1923. London : Effingham Wilson. Price Third Edition. By A. E. Randall, of Lincoln's 10s.
Inn. Stevens & Sons Ltd.
Price 40s. net.
The importance of modern statutory changes The Relation Between the Law of Property Act, in the law of criminal evidence has perhaps 1922, and the Anglo-Saxon Common Law. By hardly yet been fully appreciated in the legal
Lilian M. Snow. Sweet & Maxwell Ltd. profession. The admission of evidence of an
Price 3s. net. accused person, and, in certain circumstances, of his wife, marked a drastic change both in
Political Crime. By W. G. C. Hall, of Lincoln's
Inn. George Allen & Unwin Ltd. theory and in practice. This little volume will
Price 4s. 6d. net. be found to give an admirable series of notes and comments on the statute. It may seem The Constitution of the German Republic. By strange to write a commentary on an Act Heinrich Oppenheimer, of the Middle Temple. already twenty-five years old; but the delay Stevens de Sons Ltd.
Price 10s. 6d. net.
in England and Scotland, his career being THE LATE MR JOHN WILLIAM BRODIE
somewhat unique in this respect. For some INNES OF MILTON BRODIE,
years he gave Edinburgh the preference, but ADVOCATE AND BARRISTER-AT-LAW.
in later years was mainly occupied at the We record with much regret the death of English Bar, where, however, he was frequently Mr J. W. Brodie-Innes at his historical home, consulted on questions involving Scots law. Milton Brodie.
In the case of so versatile a' genius as Mr Mr Brodie-Innes was born in 1848 at Downe Brodie-Innes, it is difficult to decide which of in Kent. His father, the Rev. John Brodie- | his numerous spheres of activity should be Innes, though a Scotsman and proprietor assigned first place. Even he himself might of the estate of Milton Brodie, was Vicar of have been at a loss to say in which of his Downe, where he
accomplish'ments had as near neigh
he found most bours and intimate
pride and pleasure. friends Charles
Probably he would Darwin and Lord
put novel-writing Avebury: After
first. Though his a school career at
career as a writer Bradfield, near
of fiction began Reading, and two
in 1890 with a sessions at the
story called “The University of
Old House in the Bonn, Mr Brodie
Canongate,"it was Innes entered at
only in 1908 that St John's College,
he burst forth into Cambridge, where
full activity as a he graduated B.A.
novelist. Since (Mathematical
then, "Morag and Tripos) in 1871 and LL.M. (Law
World," and "For Tripos) in 1872.
the Soul of This, however, by
Witch," followed means ended
each other in rapid his legal studies,
succession, and, for he took first
lastly, “The place in Medical
Devil's Mistress Jurisprudence at
was possibly his King's College,
best; he certainly London, in 1887, and first prize in Scots Law preferred it himself. To all those who love an at Edinburgh University in 1888.
exciting and bewildering theme with a dash of He was called to the English Bar, Lincoln's the supernatural thrown in, Mr Brodie - Innes Inn, in 1878, and was admitted as a Scots offered attractive mental fare. advocate in 1888. He firmly established But if a lover of fiction, he also studied more himself as
an authority in cases involving serious subjects. He specially devoted himself distinctions between English and Scottish legal to the study of ecclesiastical law, in particular principles and legal procedure. He specialised the canon law, and for many years he was in that department and wrote an elaborate Chancellor of the Diocese of Argyll and the and accurate treatise on Comparative Prin- Isles. In 1892 he published a volume on ciples of the Laws of England and Scotland." “The True Church of Christ," the orthodoxy He also wrote the section on The Commercial of which has been suspected on account of its Law of Scotland” for the "Encyclopædia of being issued by the Theosophical Publishing the Commercial Laws of the World." He Company. successfully carried on practice simultaneously “As a lecturer," says Isabel Cameron in
» « Old as the