Page images


Again, the lawyer has perhaps the most

intimate personal connection with the people At this time, when the country has recently of the country. He has opportunities of passed through the disturbance of a General knowing the troubles of his fellow-countrymen Election, a few observations on the relation of in a way which is not open to the layman. politics to our profession and the place which Someone has said that lawyers are a cheap lawyers fill in politics will not be inappropriate. insurance for the preservation of civilisation.

There is a great deal of comment on the There is a good deal of truth in this, and the part of lawyers who come into Parliament and judicial system is the foundation of the State so attempt to do so, and it is assumed that they long as it remains impregnable. Unattended by are there for something which they can make popular glamour and sectional outcry the State out of their political adventures. Apart from can hold its ground as a civilised community, a few special cases, confined to members of It is well, therefore, that there should be the Bar, there is really nothing for lawyers to a wholesome local leaven in the parliamentary gain in Parliament.

loaf. There are many reasons why it is appropriate that lawyers should be in Parliament, and it It is officially announced that an Order in is well to focus these when this question is Council has been issued extending the Maintenraised. (First) Members of Parliament are and ance Orders (Facilities for Enforcement) Act, will in the future continue in the main to be 1920, to the Colony of Jamaica. The Act people of education accustomed to form provides for the enforcement in England and definite views and accustomed to present Ireland of maintenance orders made by a Court these views to their fellows. The lawyer is, as in any part of His Majesty's dominions outside a rule, well qualified to fulfil these conditions. the United Kingdom or in any British Pro(Second) It is the duty of Members of Parlia-tectorate to which it extends ; and the legisment to consider and proceed upon a number lature of the Colony, to which it has now been of questions both in committees and in the extended, has made reciprocal provision for House and in various branches of public life. the enforcement therein of maintenance orders An essential qualification for this work is the made by Courts in England and Ireland. capacity to see both sides and to appreciate The operation of the above-mentioned Order the point of view of two different sections of in Council is confined to England and Northern the people, each probably desiring a different Ireland, and similar provision has not yet been decision. The lawyer is, of course, particularly made as regards the Irish Free State by the well qualified to enquire into and arrive at a Government of that State. balanced judgment on such questions. (Third) The criticism that lawyers are not business HIGH COURT OF JUSTICIARY, JEDBURGH. men is very often heard, and the desire is (Special Sitting.) Jedburgh, Monday, 10th expressed that there should be more business November 1924, at twelve o'clock men and fewer lawyers in Parliament. This, Pleading Diet-Friday, 31st October. Service in large measure, is an unfounded criticism. - Friday, 24th October. The Hon. Lord Business men are, and of course ought to be, Ormidale. A. C. Black, Esq., Advocatein Parliament; but a great many business men Depute; V. S. M. Marshall, Esq., Clerk. have lived their whole lives in one business, and they are naturally coloured by its require- High COURT OF JUSTICIARY, DUMFRIES.ments and its difficulties and the conditions (Special Sitting.) Dumfries, Tuesday, 18th which have a particular bearing on its progress. November 1924, at half-past ten o'clock. The lawyer (particularly the solicitor), if he Pleading Diet—Saturday, 8th November. has had any reasonable experience in his Service-Saturday, 1st November. The Hon. profession, has been in close touch with a Lord Ormidale. "A. C. Black, Esq., Advocategreat variety of different kinds of businesses. Depute ; Alexander Rae, Esq., Clerk. He has been involved in problems affecting the employer and employed. He has been in MESSRS MILLER, MATHIESON & MILLER, 90 the closest touch with industrial firms, in com- Constitution Street, Leith, inform us that the panies in regard to their financial difficulties— firm of Miller, Mathieson & Miller, of which the difficulties of capital, the difficulties of they were sole partners, has, by mutual agreedepreciation, the troubles of overstock and ment, been dissolved as at 30th September 1924. understock. He has learned how a particular With reference to the above notice of condition has benefited the business of one dissolution of the firm of Miller, Mathieson man and hampered the business of another. & Miller, Mr R. H. Miller and Mr D. Miller For these reasons it is hardly correct to say will carry on business at the above address that a lawyer is not a man of business. (Fourth) | under the firm name of R. H. & D. Miller.


[ocr errors][merged small][merged small][ocr errors]
[ocr errors]


name of the payee, thus making the cheques

payable to S. A. Cohen. He then forged the The quarterly Examination in Law was held indorsement and obtained cash therefor from by the Examiners of Law Agents in Edinburgh the defendant Cox, who, in turn, got payment on 20th, 21st, and 22nd October, when 22 from the bank. Held that as the cheques were, Candidates presented themselves for examina- before signature, made out to a real creditor tion. Sixteen of these were examined in all the and not to a fictitious person, the plaintiff subjects and 13 passed, and 6 graduates in law, was entitled to recover. Decision of Rowlatt J. holding the Degree of LL.B. or B.L. of the affirmed. Vinden v. Hughes ([1905]1 K.B. 795) Scottish Universities, were examined in Court approved.-Court of Appeal (Bankes, Scrutton, Procedure, and 5 passed. The following are and Atkin L.JJ.).—23rd June 1924. the successful candidates :

David Burnett, Edinburgh ; Robert Carswell, Atherton v. British Insulated and Helsby jun., M.A., LL.B., Glasgow; Thomas Henry

Cables Ltd. Courtenay, Glasgow; William Cuthbertson,

REVENUE-INCOME TAX-SCHEDULE D-DEJohnstone; David Emsley, Paisley ; William Ramsay Gemmill, M.A., LL.B., Glasgow;

DUCTIONS-PENSION SCHEME-INCOME TAX ACT, Lionel Ingersoll Gordon, Glasgow; James

1918 (8 & 9 GEO. V. CAP. 40), SCHEDULE D, Kirkland, Stevenston; John Wilson Laverock, RULES APPLICABLE TO CASES 1 AND 2, RULE 3 Dundee; William M‘Fadzean, Glasgow; Dora (A), (F). --To form the nucleus of a pension Creer Mathieson, M.A., LL.B., Glasgow ; James scheme for their employees the respondents Mill

, M.A., LL.B., Dundee; Robert Moir, contributed £31,784. Held that this sum could Glasgow; Thomas Patrick Edward Murray,

be deducted in computing the profits for the M.A., LL.B., Aberdeen; Aileen Margaret year in which the contribution was made for

the Paterson, Maybole; John Charles Thomson,

of assessment to income tax.

purpose Montrose ; Alan Thomas Harland Tilston,

Hancock v. General Reversionary and Investment Glasgow; William Wilson, Edinburgh.

Co. ([1919] 1 K.B. 25) followed.-K.B. Div. (Rowlatt J.).—25th June 1924.

[ocr errors]




Russell v. Russell.



Handbook of Conveyancing. By John Burns, DENIAL BY HUSBAND OF INTERCOURSE.-In an

W.S. Third Edition. 1924. Edinburgh : action by a husband against his wife on the

W. Green & Son Ltd. Price 21s. ground of adultery. Held (dissenting Lords Sumner and Carson) that evidence by the

Mr Burns is early in the field with his exhusband to the effect that there had been no position of conveyancing as modified by the intercourse, and that therefore the child borne important amending Act of the present year; by his wife was a bastard was not admissible.- and conveyancers who have to face the probHouse of Lords (Earl of Birkenhead, Viscount lems to which that Act is likely to give rise Finlay, Lords Dunedin, Sumner, and Carson). will be grateful for the help which his work -30th May 1924.

affords. It goes without saying that in issuing a new edition of his Handbook immediately on

the passing of this Act, the author has had to Goldman v. Cox.

make considerable alterations the last

edition, but the new edition is in scope and BILLS OF EXCHANGE—CHEQUE—FORGED IN- design the same book. It is marked by the DORSEMENT-PAYEE FICTITIOUS PERSON—BILLS same qualities of conciseness and lucidity. OF EXCHANGE ACT, 1882 (45 & 46 VICT. CAP. 61), While the author has to expound the effects on SECTIONS 7 (3), 24.-The plaintiff was a Pole our conveyancing system of the latest amendwho carried on business as a clothier. Although ing statute while that Act has not yet been able to speak English he could only read it made the subject of judicial interpretation, he when it was printed. He employed one Mayo has wisely given the effect of its provision to look after his books. Mayo made out substantially in the terms of the Act itself, certain cheques in favour of A. Cohen, a person without raising or discussing any questions of from whom the plaintiff had bought goods, interpretation which may arise. Conveyancers and got the plaintiff to sign them. Mayo will welcome Mr Burns's timely aid in giving thereafter inserted the letter s. before the effect to the new Act in their daily practice.



[ocr errors]

The Fatal Countess and other Studies. Ву

of houses growing round the Abbey of West

minster.” William Roughead. 1924. Edinburgh : W. Green & Son Ltd. Price 10s. 6d. net.

As its name suggests, the Temple was origin

ally the habitation of the Knights-Templars, Of the many readers who have been but after their expulsion it was leased by their accustomed to read and enjoy Mr Roughead's successors to the lawyers. According to our studies in social history and criminology, authors, the four Inns were founded towards there must be many who will welcome the the middle of the fourteenth century, and, opportunity of procuring them in a

thanks to the extraordinary faculty of the permanent and convenient form than the English people for preserving ancient customs fugitive publications in which most of them and old institutions, they have come down subhave originally appeared. We have no doubt stantially unchanged to our own time. During that the numbers of his readers will also be their six hundred years of existence they have increased. The present volume is more varied produced many great lawyers, eminent statesin topic than some of its predecessors. Crimino- men, brilliant writers. It would be superfluous logy, though bulking large in the book, does to give instances of the two former. After all

, not monopolise the space. We think, indeed, a legal body exists for the purpose of training that the study for which readers will be most lawyers, and there has been no lack of great grateful is that entitled "Indian Peter.” In counsel who have also been great statesmen, that tale Mr Roughead has revived the memory

from the time of Demosthenes down to Loreburn of one of the quaintest and most picturesque

and Reading. But a glance at these pages will figures among the ancient Edinburgh celebrities.

shew how many famous men of letters were The volume is exceptionally well illustrated.

members of the English Bar. One cites at random such names as Chaucer, Sir Philip

Sidney, Henry Fielding, De Quincey, Boswell, The Story of our Inns of Court. By The Right Lord Macaulay, W. M. Thackeray. To these

Hon. Sir D. Plunket Barton, Bart., P.C., must be added Sir Francis Bacon, who belonged K.C.; Charles Benham, B.A., Barrister, to both worlds. Inner Temple; and Francis Watt, M.A., The Inns of Courts are unlike any other of Gray's Inn, in Middle Temple, Barrister- corporate body. They have the exclusive right at-Law. 1924. London: G. T. Foulis to grant or refuse the petition of students to & Co. Ltd.

be called to the Bar, and their conduct in this

respect is not subject to the control of the Civil This is the best book of its sort that the Courts. The only redress is by way of appeal present reviewer has ever had the luck to come to the judges as a domestic tribunal. But they

The narrative is clear and simple ; form at the same time a legal university, where footnotes and citations are, as far as possible, prospective barristers may obtain the equivadispensed with in order not to distract the lent of a degree in law, and also a club where reader's attention; but he cannot fail to observe members may lunch and dine. It is, indeed, beneath the transparent surface of the narrative a little startling to learn that prior to 1857 the the wide knowledge and the careful research student did not require to pass any examination upon which it proceeds. Sir D. Plunket Barton, in order to qualify for call. Unhappily these the senior of the three authors, says (p. 194) days are past. There is another characteristic that “ Francis Bacon's work in laying out and which differentiates the English Bar from, in planting the gardens (of Gray's Inn) was a probably, any other institution in the world. labour of love.' The words may fitly be applied It is “open to the citizen of any country who to this book. It consists of three parts. The enters an Inn of Court and qualifies in the prefirst, written by Mr Benham of the Inner scribed manner (p. 77). Sir Plunket Barton Temple, gives the history of the two Temples ; instances (p. 240) the fact that among the in the second Sir D. Plunket Barton deals with benchers of Gray's Inn are included “the Chief Gray's Inn; and Mr Watt, of Gray's Inn and of the Scottish Bench," the Solicitor-General of the Middle Temple, writes of Lincoln's Inn in the United States, and one of the leaders of the the third. To these three sections is prefixed New York Bar. If it be permissible to give a an introduction by Sir Plunket Barton, in which less exalted instance—the reviewer has dined he gives a bird's-eye view of the history of the as a student in the Inner Temple hall with two Inns of Court and of the position which they future members of the New York Bar, while occupy in our own time. He traces their origin over against him there sat a motley assemblage in the days when Holborn was a country village, of Cambridge undergraduates, civil servants, and Fleet Street and the Strand were merely Scotsmen, Indians, and women. To those, the continuation of a country footpath which whether members or visitors, who know that connected the City of London with the cluster old-world region with its courts and gardens


[ocr errors]

which forms so strange an oasis between the A Treatise on the Law, Privileges, Proceedings, Strand and the Embankment, this book will and Usage of Parliament. By Sir Thomas give great pleasure. Mr Benham indeed regrets Erskine May, K.C.B., D.C.L. Thirteenth that the old common life is waning. Students Edition by Sir T. Lonsdale Webster, keep term merely as a matter of duty; and K.C.B. 1924. London : Butterworth & “ busy barristers are well away to their homes Co. Price 55s. in South Kensington, Knightsbridge, and Belgravia, a good hour before grace.' But,

Sir Erskine May's classic work on Parliaanyhow, Grand Night survives, and if “the mentary Practice has grown in its successive sword and the dagger no longer have any place editions into a bulky volume. First published in hall, yet a milder generation has passed, in 1844 it has long been recognised as the not without honour, through the most terrible indispensable guide of legislators and those ordeal that this poor human world has ever who seek to understand the workings of the known.”

intricate machinery of Parliament. It is The book is adequately illustrated, but surely fortunate, as well as appropriate, that the it was a pity to omit the Inner Temple.

preparation of successive editions is in the C. de B. M. capable hands of Sir Erskine May's successor

at the table of the House of Commons. The An Analytical Digest of Cases decided in the present edition has incorporated a number

Supreme Courts of Scotland and, on appeal, of new standing orders; but the general in the House of Lords, 1868 to 1922. Pre arrangement of the work does not differ from pared for the Faculty of Advocates by that to which the readers of previous editions Members of the Bar. Vol. I. 1924.

have become accustomed. Edinburgh and Glasgow : Wm. Hodge & Co. Ltd. Price 63s. per volume.

Adolph Beck (1877-1904). Notable British The first volume of the long-promised Digest

Trials. By Eric R. Watson, LL.B. 1924. of Case Law issued by the Faculty of Advocates

Edinburgh and London : Wm. Hodge & Co. has now appeared. The work, which it is

Ltd. Price 10s. 6d. net. intended to complete in six volumes, is designed upon the analytical method ; but a logical Everybody knows something of the case of adherence to this method has not been allowed Adolph Beck as the classic example of a misto override the paramount considerations of carriage of justice due to mistaken identification utility. The ascertainment of the precise by a large number of witnesses. In this volume category under which any particular case ought the whole story will be found in great detail, to be sought for is often a matter of difficulty, the almost incredible story of Beck's identiand the strictly logical classification has been fication by a large number of witnesses, and the supplemented with a full use of the method of subsequent conclusive proof by real evidence cross-references. By these means the whole that he was not the guilty man.

It is a case work has been carefully adapted to the needs that retains a perennial interest for the student of the practising lawyer who requires to find of criminal methods and procedure, and it has the reference to all reported cases bearing upon

an assured place in the annals of crime. This a particular question of law. The present careful collection and presentment of all the volume brings the alphabetical list of Titles facts bearing on the case has therefore a perdown to Donation.

manent value.


A History of English Law. By W. S. Holds-
worth, K.C., D.C.L. Vol." vi. 1924. Leading Cases in Constitutional Law, briefly

London : Methuen & Co. Ltd. Price

stated, with Introduction and Notes.

Ernest C. Thomas. Fifth Edition by Hugh 25s. net.

H. L. Bellot, M.A., D.O.L., Barrister-atThis important work, of which we have Law. 1924. London: Sweet & Maxwell expressed high appreciation in former notices, Ltd. Price 10s. net. has now reached its sixth volume. The peculiar interest of the present volume arises The important decisions on constitutional from the fact that it contains a very full treat- questions which arose out of the war made a ment of the political revolutions of the seven- new edition of this work necessary. With teenth century from a purely legal standpoint. these decisions included and the whole work This feature makes it a contribution of the revised it now forms, for the student of highest value to the history of English consti- constitutional law, a most important supplement tutional law.

to the textbooks on that subject.

[ocr errors]


warrandice and relief and security of the

principal lands." The dispositive clause (so By WM. YEAMAN.

far as concerns the question) was in the following The Conveyancing (Scotland) Act, 1924, lands of Hatton, principally disponed, to be

terms : Swa that it shall happen the said which comes into force on 1st January 1925, has made certain reforms on our law. One evicted, in bail or in part, from the said of these reforms is the abolition of real war

James Blair, etc., at the instance of any randice by section 14 of the Act, which is as person, or that they be anyways troubled, follows:

etc., in the peaceable bruiking or enjoying the 14. (1) From and after the commence- same, then and in that case the said James ment of this Act, it shall not be competent

Blair shall have immediately thereafter full to dispone lands in real warrandice of a lands of Gormoch, etc., in real warrandice, as

and free power, regress and ingress to the said conveyance of other lands, and such real lands of Gormoch, etc., in real warrandice, as warrandice shall not arise ex lege from any uplifting the mails, farms and duties thereof;

said is, and to the intromitting with and contract or agreement entered into after uplifting the

at least to sa meikle of the same as shall effeir the commencement of this Act. (2) On the expiry of twenty years from and correspond to the said eviction or distress

The lands of Hatton were evicted and after the commencement of this Act, pro rata. all dispositions in real warrandice of a by decreet in 1722, and after some other litigation conveyance of other lands, and all such the son of the purchaser of Hatton brought a real warrandice arising ex lege from any creditors of Gormoch, his author, for asserting

declarator of recourse against the heirs and contract or agreement, granted or entered into prior to the commencement of this the damages he had sustained through the Act, shall be no longer operative.

eviction ; for declaring that he had recourse Real warrandice is an interesting subject, upon the warrandice lands for those damages, and before it becomes merely of historical and that the warrandice lands were really interest it is proposed in this article to bring affected with the value of his damages.

In the course of this process the pursuer before students of law in concrete form (1) the nature and extent of real warrandice, and (2) proved the rents of the evicted lands at the the manner in which the burden may be date of the eviction, the value thereof, and that

he had been excluded from the possession of discharged.

the principal lands from the year 1722 and

claimed that the loss of those interim rents, 1. Nature and Extent,

as a damage arising from the eviction, was In Erskine, II. iii. 38; Bell's “Commentaries" really secured upon the warrandice lands. (7th ed.), p. 733; Duff's “Feudal Conveyanc- The lords found that the infeftment of waring,” p. 90; and Bell's “Principles” (10th ed.), randice gave the pursuer a real right and section 894, the subject is dealt with, and in security in the warrandice lands, to the extent support of the propositions therein set forth of the value of the principal lands at the time the case of Blair v. Hunter, 6th November of the eviction, and also found that the said 1741 (Morison's "Dictionary of Decisions," real security extended as far as the personal p. 16624), is referred to.

obligation of warrandice to all his damage In that case the subject was fully expounded, arising before or after the eviction without and it is hoped that the matter which follows, any fault in the pursuer. and which is drawn from the report of the case, A dissertation on real warrandice and the will throw more light on what real warrandice distinction between an infeftment in excambed is and the machinery by which it can be made lands (where real warrandice is implied, and in effectual, and be more interesting to the student those conveyed in real warrandice appears in than the bare statements in the text-books. the pursuer's pleadings, which, to a certain

In the year 1683 James Blair of Ardblair extent, are here given as printed in the report : purchased the lands of Hatton of Rattery That personal warrandice, in all onerous from Patrick Johnston of Gormoch, and as contracts, both by the Roman law and ours, Gormoch's right thereto 'was only a gift of has always been understood, not only to extend forfeiture (which was thereafter rescinded) to the value or price of the subjects evicted, Ardblair did not think himself safe to rely on but to the whole damage arising from the Gormoch's title to the lands, or his personal eviction: And if this holds with respect to the warrandice, but asked for real warrandice as warrandice implied in a sale, when it is not security for his purchase. Accordingly, Gormoch expressed, with what reason can it be said, disponed to Ardblair the lands of Hatton as that, where lands are disponed in real warrandice for the principal lands and the lands of Mains in a sale, the warrandice has a more narrow and of Gormoch "and that in special and real different signification ? That a real security is

[ocr errors]
« PreviousContinue »