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As regards deterrence, I can conceive of no stronger deterrent, short of the death penalty, THE STOCKHOLM CONFERENCE OF THE in the case of an old offender, than the know
INTERNATIONAL LAW. ASSOCIATION. ledge that if he again relapses into crime, it
By A. A. MITCHELL. will not be another case of having to do timethree, five, or seven years—but will be a case The thirty-third Conference of the Interof being locked up for the rest of his life, or at national Law Association, held at Stockholm all events until he is a frail old man,
this summer, was a great success. The most I realise, however, that the difficulty attend directly practical work was the formulation ing the success of any such scheme is that it of Rules on General Average. This work was requires not merely resolution to adopt it, but accomplished by a large committee presided sustained resolution to carry it out; and over by Sir Norman Hill, on which shipping whether in peace or in war, the great weakness interests were largely represented, and which of the democratic institutions to which, in sat simultaneously with the main body of the common with most of the world, we are now Association. Rules were agreed upon, which, committed, is the want of sustained resolution. if acceptable to the interests concerned, will
It would be an essential condition of the be incorporated with the well-known Yorksuccess of any such scheme that it should be Antwerp rules formerly framed by the Associainexorably carried out. It would render the tion. A short account of the more general scheme quite unworkable if it were possible topics dealt with by the Association may interest for a man sentenced to this mild form of deten
readers. tion to obtain release as soon or nearly as soon The Committee on Nationality and Naturalisaas if he had been sentenced to ordinary penaltion gave instances where the effect of the servitude. Under Sir Robert Anderson's different laws of different States is to cause a scheme the sentence had no term. It may be, person to be recognised as a citizen by no State, however, that a long definite sentence would or to be claimed by two States. They suggested afford less scope for the indulgence of that that jus soli should be adopted in preference perpetual itching to get the man out which, to jus sanguinis, with a provision authorising from the point of view of prevention, is the the father, being the citizen of another State great obstacle to the success of any such than that in which his son is born, to register scheme.
the son as of his (the father's) State, with the To put the matter in a practicable shape, it is further provision that the son, on attaining suggested that for crimes of dishonesty by majority, may opt for the State of his birth. hardened offenders who have been repeatedly With regard to the question whether a woman convicted, five years should be regarded as the shall on marriage acquire her husband's normal maximum of a sentence of penal nationality, the committee's solution was more servitude. If the case is one which under the complicated, the main intention being to present system would call for a longer sentence, prevent statelessness or double nationality. the criminal should be sentenced to a term of In no case shall a woman acquire her husband's preventive detention for a period of not less nationality against her will formally expressed. than ten, or, it may be, twelve years. This The committee's report was adopted subject sentence should be carried out inexorably, to drafting amendments. subject only to the qualification, for the sake As the outcome of a resolution of the Buenos of discipline, that a certain limited remission Ayres Conference, 1922, remitting to the
, might be earned by good conduct. The Council to prepare a code of procedure for an sentence should be regarded as being, whilst international criminal court to deal with war protective of society, the punishment for the crimes, a draft, founded, inter alia, on the man's crime, not, as at present, something Convention establishing the permanent Court tacked on to his punishment, which latter idea of International Justice at The Hague, was is the obstacle to the working of the present submitted. The opinion of the Association was scheme. I wish it, however, to be understood found to have undergone some change since that these are mere suggestions. The subject 1922. The principle of international is far too difficult for confident propositions. criminal court was now powerfully attacked
by a distinguished ex-naval officer and colonial
administrator, who asked if Great Britain EDITOR'S NOTE.
would have been prepared to hand over to an
international court, for acts which might have The General Editor will be pleased to consider been regarded as contrary to international law, Articles of Legal Interest, and if accepted for publica- Lord Howe or Lord Kitchener, and who also tion these will be paid for, but no responsibility is argued that taking up past offences would undertaken for the safe custody and return of MSS. hinder appeasement after the termination of
The project was sent back for further is based upon a mistaken view of the law of consideration. The truth is that an inter- such country seems to open the door to an national criminal court is better adapted to deal extensive consideration of the merits of the with the isolated acts of subordinate persons foreign judgment. On the other hand, a than acts of military or naval policy for which mistaken view of private international law was the high command or the head of the State not to be a ground for refusing exequatur. or the State itself can alone be regarded as After adopting the principle of enforcing foreign responsible.
judgments in such wide terms, the Association A report was presented by the Committee on passed a resolution requesting the League of Aerial Navigation. No serious difficulty arose Nations to enquire and report as to the political in regard to the regulations dealing with a time and economic independence of the judges in of peace, which had already been considered each country. That, of course, was all right, at The Hague or at Buenos Ayres. Substanti- but the preamble of the resolution declared that ally an airship is assimilated to a ship passing “ the judgments of some countries are not all through the territorial waters or within the ports of such a nature as to merit enforcement and harbours of another State. For acts taking abroad," and that no nation will undertake effect outside of the airship, the airship is to be to execute a foreign judgment against a citizen responsible, civilly and criminally, to the law or resident of its own when the judgment is and jurisdiction of the State flown over. Purely suspected of having been improperly obtained, ” internal acts are to be subject to the law and which seems to leave in some uncertainty the jurisdiction of the airship’s own State—“the region within which enforcement of foreign law of the flag.” With regard to the use of judgments is to take effect. aircraft in war, the Buenos Ayres Conference The report of the Civilian Prisoners of War had thought that the Committee's then defini-Committee started by condemning the principle tion of a military objective which might law- of the internment of civilians. It went on to fully be bombed was too wide, and would propound a code of rules to ameliorate, as far justify the bombardment of large centres of as possible, the condition of those civilians civil population which happened to contain whose internment might, exceptionally and a small number of troops or military stores. “ for military reasons,” be justified. A notable The Committee now submitted an amended incident at this sitting was the unanimous and clause. An interesting discussion took place unqualified condemnation of the practice, on the question whether aircraft should possess revived by the Peace Treaties, of attaching the the right to visit and search merchantmen, as private property of nationals in satisfaction recommended by the Committee. It was of the debts of their States. argued that aircraft were not able to visit and The report of the Neutrality Committee on search merchantmen in the recognised manner, territorial waters was, on account of difficulties, put a prize crew on board, and take the merchant- and want of agreement, referred back. The men into a port for adjudication. Their only Committee was not unanimous, but the majority weapon was the threat to bomb from the air. supported the old three-mile limit as most The Committee's draft permitting visit and favourable to international commerce and cosearch was adopted, but as the draft added, operation. Indeed, the member of the Com“ The law of prize applicable to naval capture mittee who principally spoke to the Committee's shall apply to capture by aircraft,” it perhaps report went so far as to say that it was his comes to the same thing. The right is given, personal view that there should be no territorial but expressly on conditions with which it seems waters at all. It was of interest that our difficult or impossible that aircraft can comply. Scandinavian hosts claim a greater extent of
A report was presented by the Committee territorial waters, partly on account of the on Foreign Judgments and adopted by the configuration of their coast, partly founding Association. In addition to domicil and resid- on international usage in their case, extending ence, locus contractus and locus delicti commissi over centuries, to that effect, and partly for the were recognised as founding jurisdiction, ap- protection of their fisheries. Another interestparently without requiring that service should ing point was the expression by English and be made on the defendant within the juris- French speakers of approval in principle of diction. On the other hand, no exequatur the agreements made between Great Britain shall be granted when the cause of action is and the United States to facilitate the enforcecontra bonos mores or contrary to the public ment of the American liquor laws. These order of the country in which the execution is sentiments were not voted on but seemed to sought.” A rather vaguer exception excludes a elicit a large measure of support from the
. judgment which“ encroaches on the sovereignty Association. of " the country in which execution is sought, The writer was not able to be present at the while the exclusion of a judgment which Friday meeting, when papers were read on,
inter alia, “National Control of Unfair Com- up by hearing them debated, is a liberal petition in International Commerce, by a education in law and some help in language member of the American and English Bar, and study. It is a pity that the Scottish Bar alone “A 'New' International Law," by Sir John should, since the late Mr Galbraith Miller and Fisscher Williams. The latter roused con- Mr F. R. Sanderson, now judge of the Court of siderable interest. The author thought the Appeal in Egypt, be unrepresented, but the effect of the Covenant of the League of Nations “lower ” branch of the profession in Scotland was to enable international law at last to shewed, by the presence of several of its distinguish between just and unjust wars. members, its interest in the liberal study of law. Secondly, he thought the new international The beauty of the Venice of the North needs law would be more a law of peace and less a no pointing out. In the case of the writer it law of war.
One, indeed, often hears the view was the appropriate culmination of a pleasant that war itself will be sooner abolished than tour via Denmark and the Gota Canal. Everybarbarities in war, and that the only way to body, from the King and the Crown Prince abolish barbarities in war is to abolish war and Princess downwards, conspired to make itself, and, in the debate on an International our visit memorable, and we were fêted not only Criminal Court, one heard again the old bad in the beautiful new Town Hall but at a gala plea that severity in war shortened war and performance at the opera, at Saltsjobaden,
most humane. The writer would involving an hour's sail among the fjords and venture to deprecate this tendency to disparage islands, and at the ancient cathedral and the laws of war. That war is necessarily university town of Upsala. Marseilles, where frightful is a reason for doing everything to the Association is to meet in 1926, has not the abolish it, but no reason, while it does or may unique attractions of Stockholm, but our exist, for doing nothing to mitigate its horrors. French colleagues may be relied upon to give
The last session of the conference was devoted us a welcome as cordial as, though they can to the question of the protection of minorities, scarcely surpass, that which we received in and resolutions were passed facilitating the Sweden. protection of racial minorities by the League of Nations as provided in the Peace Treaties. The papers submitted on this subject, indeed,
THE “SCOTS DIGEST.” went far beyond this limited scope and sought to secure international protection for all It appears that in some quarters there is an minorities in every State. This is an instance impression that the Scots Digest
will cease of a tendency that has often appeared at this to be published in view of the new “ Faculty and other conferences of the Association. At Digest now in course of publication. The The Hague in 1921 a well-known international publishers of the “Scots Digest ” ask us to jurist (an Englishman too) roundly declared state that this is not the case.
The present that modern States are the greatest lawbreakers. “Scots Digest " covers the period from 1800 to To an Englishman or Scotsman, accustomed to 1923 (the new " Faculty Digest " from 1868 to a legally omnipotent legislature and brought up 1922) in eight volumes, and the usual annual on Bentham and Austin, the statement, in its and other supplementary volumes will be issued literal sense, has no meaning, but one can very with their customary rapidity in the same way well see what is meant. The democratic State as heretofore. The distinctive features of the is as capable of injustice and oppression as any
Scots Digest," not the least of which is the personal ruler. Leviathan badly wants a hook form of arrangement and type, are too well in his jaw if it could be done. But here, as known to require repetition here; they have elsewhere, it is easier to appreciate the evil stood the acid test of many years of consultaand danger than to devise a remedy. To say tion by the profession, and we do not doubt that any disgruntled class, aggrieved, quite will continue to merit its favour. This is the possibly with reason, at the legislative, adminis-only available digest covering the whole period trative, or judicial acts of its State, is to have a of case law from 1800 to 1923, and as it was right to appeal for protection or redress to the largely printed prior to the increase in printing League of Nations or some other international costs, the price asked for the complete set of authority is to open a very wide door indeed. eight volumes is the modest one of eight guineas.
Your readers can judge for themselves the variety and interest of the subjects treated. The papers and reports are printed (mostly in English but some in French or German) It is officially announced that, in view of the and circulated beforehand, and, even if one provisions of Part II. of the Administration of takes no active part in the discussions, the Justice Act, 1920, which provides for the reading of these papers and reports, followed enforcement in England, Scotland, or Ireland
INCOME OF ANY
of judgments obtained in any parts of His
DECISIONS IN THE ENGLISH Majesty's dominions outside the United
Commissioners of Inland Revenue the Legislature of Victoria has made reciprocal
v. Blackwell. provision for the enforcement therein of judgments obtained in the High Court in England, the Court of Session in Scotland, and the High INDIVIDUAL
BENEFICIARY Court in Ireland, and an Order in Council has
INCOME ACCUMULATED BY DIRECTION accordingly been issued extending Part II. of OF TESTATOR – FINANCE (1909–10) ACT, 1910
. the Act to Victoria.
(10 EDW. VII. C. 8), SECTIONS 66 AND 72.—TrusThe operation of the above-mentioned Order tees were directed to hold certain real estate in Council is confined to England, Scotland, for the testator's eldest son absolutely upon his and Northern Ireland, and similar provision attaining twenty-one years, and to realise and has not yet been made as regards the Irish Free invest the residue of the estate and stand State by the Government of the Irish Free possessed of the same for the testator's children State. (Colonial Office, 17th November 1924.) including the eldest son) in equal shares.
Power was given to apply part of the capital of each child's share and the whole of the
income for the benefit of the child. The trusSOCIETY OF ADVOCATES IN ABERDEEN.—At tees were further directed to accumulate by the annual general meeting of the Society of investment the unapplied surplus of the Advocates in Aberdeen, held on 25th November income, and to add it, subject to the same 1924, Mr William Rae, who had held the office liability to be applied as capital, to the property of treasurer for the past two years, was elected or share from which it should have arisen. The president; Mr R. M. Williamson was elected testator was survived by one son and three treasurer; Mr Frederick W. Kay, secretary, daughters. In the year 1918 the trustees factor, cashier, and librarian; and Mr Harvey accumulated the income of the real estate and Hall, auditor.
of the residue in accordance with the directions of the testator, and for the year ending April
1919 the son, who was still in minority, was The death occurred suddenly on Saturday assessed to super-tax in a sum of £4000 under morning last of Mr David Buttar, a well-known the Finance (1909–10) Act, 1910, section 72 (2) Dundee solicitor. Deceased was a son of the and (5), in respect of the income arising from late Mr David Buttar, of Corston, Coupar-Angus, the real estate and from one-fourth of the residue. and is survived by a widow and family, his wife Held that as there was a trust to accumulate being a daughter of the late Mr R. L. Watson, the income during the son's minority, subject distiller, Dundee. Mr Buttar held the appoint-to a power to apply sums for his benefit, the ment of Clerk to the Income Tax Commissioners. accumulations were not income of the son In 1905 he was elected a representative of the within the meaning of section 66, subsection (1), Second Ward at Dundee Town Council, and of the Act, and were not assessa ble as such to served for three years.
super-tax.-K.B. Div. (Rowlatt J.).—7th July 1924.
CURRENT LAW LITERATURE. WE regret to record the death of Mr Alexander Jeans, solicitor, Partick. Mr Jeans was born The Parliament House Book, 1924–25. Centenary
Issue. W. Green & Son Ltd. in Nairn seventy-five years ago, and educated
Price 21s. at the parish school there. He adopted the A Treatise on the Law of Partnership by the late law as his profession, and served his appren- Lord Lindley. Ninth Edition. By The Hon. ticeship in Nairn.
He studied at Edinburgh Walter B. Lindley, a Judge of County Courts, University, and ultimately started in practice assisted by J. S. P. Mellor, B.A., Oxon., Barristeron his own account in Partick. For twenty-one
at-Law. Sweet & Maxwell Ltd. Price 55s, net. years he was Procurator-Fiscal of the burgh. The Lawyer's Companion and Diary, 1925. Edited Mr Jeans was a Liberal in politics, and took a
by E. Layman, Barrister-at-Law. Seventyleading part in the local campaigns. He was Ninth Annual Issue. In various sizes, Nos. 1–10. much interested in church matters, and was an Stevens & Sons Ltd. ; Shaw & Sons Ltd. elder in Victoria Park U.F. Church.
Price from 58. to 138.
Institute of Secretaries. Third Edition. W.
Price 108. net.
THE LATE MR D. M. M. MILLIGAN,
titioners of the northern sheriffdom have always
been proud of their reputation for excellence in ADVOCATE IN ABERDEEN.
pleading, and Mr Milligan undoubtedly assisted The profession, and in particular those lawyers to maintain that high tradition. His style of associated with the North of Scotland, will feel address was fluent, persuasive, and in a peculiar a sense of deep loss in the death of Mr Milligan degree attractive to listen to ; and there can be of the legal firm of Messrs Davidson & Garden, little doubt that, had his lot been cast in the one of the best-known advocates in Aberdeen higher branch of the profession, he would have and the North of Scotlaņd. Mr Milligan, who been an eminent member of the Scottish Bar. died at his residence, 20 Albyn Place, Aber- On 1st January 1891 Mr Milligan was assumed deen, on 20th November last, had been in ill- as a partner of the well-known firm of Davidson health for almost a
& Garden, advoyear.
cates in Aberdeen, Mr Milligan held
and this change the influential and
compelled him, responsible office
although with reof president of
luctance, to disthe Incorporated
continue his work Society of Law
a pleader at Agents from 1907
the local Bar, it to 1910. He was
being difficult, if a member of the
not impossible, for Society of Advo
lawyer who cates in Aberdeen
carries on a busy for thirty-nine
practice in chamyears, and his
bers to spare the career during that
time required for period furnishes a
the adequate conremarkable in
duct of cases in stance of profes
Court. sional skill and
The firm of
Davidson & GarThe son of an
den is one of very ex-Moderator of
old standing and the General
high professional Assembly of the
integrity, and as Church of Scot
Mr Milligan was at land, Mr Milligan
the time less than was born at Musselburgh in 1861. He was thirty years of age, his selection was a striking educated at the Gymnasium, Old Aberdeen, and tribute to his ability and to the position which the University of Aberdeen, where he took the he had already earned. His subsequent career degree of M.A. in 1881. After serving a legal amply justified the wisdom of the choice which apprenticeship with the firm of Messrs Stronach, was made in selecting him. In the year 1904 Duncan & Duguid, he, in 1884, qualified as a law he attained to the position of head of the firm. agent, and in 1885 was admitted a member of Mr Milligan possessed, in a marked degree, the Society of Advocates in Aberdeen. In the the confidence of his clients and the respect of same year he was assumed as a partner in the his brethren with whom his work brought him firm of Messrs Murray & M'Combie, advocates into contact. He was factor and commissioner there. During the five years that he remained on a very large number of important estates in that office Mr Milligan acquired a high reputa- in Aberdeenshire, Kincardineshire, and Banfftion as a sound and reliable adviser, and his shire, and legal adviser to a number of leading name became extremely well known as a pleader commercial companies. He conducted several in the Sheriff Court of Aberdeen. The prac- l important litigations ; among others such well