known causes as Earl of Kintore v. Pirie & Sons Milligan, M.C., minister of Jedburgh, assisted Ltd. and Brooks v. Brooks' Trs. He was con- by the Rev. Dr Gavin Argo, minister of nected with many benevolent and philanthropic Kincardine O'Neil, officiated. institutions in the city of Aberdeen, among The chief mourners were the Very Rev. which may be mentioned the Royal Aberdeen Professor Milligan and Mrs Milligan, Glasgow; Hospital for Sick Children (of which he was Mr F. P. Milligan, W.S., Edinburgh (brother); hon. secretary and treasurer for about thirty the Rev. 0. B. Milligan, M.C., Jedburgh years) and the Aberdeen Asylum for the Blind. (brother); Mr J. A. Milne, Surrey (brother-inHe was also a director of numerous well-known law); Mrs Trail, Old Aberdeen (widow of Projoint stock companies, including the Northern fessor Trail) (sister), and Miss Brenda Trail ; Assurance Company and the North of Scotland Mr R. Hill Stewart, Edinburgh, and Mrs Hill and Town and County Bank Ltd., and took a Stewart (sister); Miss Milligan, London (sister); leading part in the negotiations for the amal- Miss Annie Milligan, Edinburgh (sister); Mr gamation of these two banks. Jack Carey, Shelborne (nephew); Mr Will Exacting and strenuous as Mr Milligan's Milligan, Glasgow (nephew); and Mr W. 0. business life was, his activities were not confined Duncan, advocate, Aberdeen (cousin). to purely professional channels. He always The pall-bearers were : Mr F. P. Milligan, took a very keen interest in the affairs of his Dr W. A. Milligan, Mr J. A. Milne, Mr R. H. Alma Mater, and during the quatercentenary Stewart, Mr A. S. R. Bruce, advocate (of celebrations of 1906 he did splendid service as Messrs Davidson & Garden), Mr W. O. Duncan, convener of the Hospitality Committee. For Dr J. E. Crombie, Parkhill , representing Abermany years he held a commission in the Royal deen University Court, to which Mr Milligan Garrison Artillery (Volunteers), retiring in 1902 was for a considerable period one of the with the rank of Hon. Lieutenant-Colonel. As assessors from the University General Council), might be expected from his upbringing, he was and Mr F. J. Cochran of Balfour, advocate. a warm adherent of the Church of Scotland and Representing the University were Principal Sir a well-known figure in the General Assembly. George Adam Smith, practically all the members He also played an active part in political affairs, of the University Court, and Mr H. J. Butchart, and in 1907 he was elected president of the D.S.O., B.L., advocate, secretary to the UniAberdeen Unionist Association. versity; and the Society of Advocates in AberMr Milligan was keenly interested in sport, deen was represented by the president, Mr and, when time permitted, no one enjoyed more Patrick Cooper; Mr William Rae, advocate than he a day with the fishing-rod or the gun. (treasurer); and Mr Frederick W. Kay, advoIn private life he was known to his intimates as cate (secretary). a generous host and a loyal friend. Mr Milligan is survived by his widow, the only daughter of the late Mr John D. Milne, jun., NOTES FROM PARLIAMENT HOUSE. advocate. His elder brother is the Very Rev. George Milligan, Professor of Biblical Criticism, The tumult and the shouting of the election Glasgow University, and late Moderator of the have died, and it is some time since the General Assembly of the Church of Scotland; campaigners who went forth from our midst and his younger brothers are Sir William returned from their oratorical triumphs all Milligan, Manchester, the distinguished aural over the country, husky but (very largely) surgeon; Mr Frederick Paterson Milligan, W.S., successful. On this occasion many more of Edinburgh ; Dr Wyndam Anstruther Milligan, the Parliament House candidates have been London; and the Rev. O. B. Milligan, M.C., elected. No fewer than ten have seats in parish minister of Jedburgh. the new House of Commons, all of them There was a large and representative attend- members of the Unionist majority. The Prime ance of landed proprietors in the North of Minister had therefore a large selection from Scotland, Aberdeen advocates, and business which to make his choice of law officers ; but men of Aberdeen and district on the following there was never any doubt who the new Lord Saturday at the funeral from the deceased's Advocate and Solicitor-General would be. The residence, 20 Albyn Place, to Kincardine O'Neil, appointments of Mr Watson and Mr Fleming Deeside, where the deceased's estate of Findrack were therefore received with approval and withis situated. At the house, Mr Milligan's brother, out excitement. Two members of the Bar who the Very Rev. Professor George Milligan, Glas- were in the last House have lost their seats. gow University, conducted the service, assisted Only three of those now returned to Westby the Rev. Dr George Walker, minister of the minster were in the last Parliament-Sir Robert East Parish Church, Aberdeen, in which the Horne, Sir W. Mitchell-Thomson, and Mr F. C. deceased was for many years an elder, while at Thomson. The representatives of the senior the graveside another brother, the Rev. O. B. Bar who now join them are Mr Watson, Mr be Fleming, Mr Mac Robert, Mr Clark Hutchison, be intolerable to a business man engaged in and Mr Macquisten. The juniors returned are litigation. The ordinary case, moved to the Mr Skelton and Mr Ford, who regained the seats roll , appears for hearing in about a year. Bethey lost at the last election, and Sir W. fore it reaches that stage it has probably been Mitchell-Thomson, who has been appointed frittering in the Procedure Roll for some months Postmaster-General. Of course, the two last- after a similar period in the Adjustment Roll. named advocates have not maintained a close Add to this the possibility of a House of Lords connection with Parliament Hall. Of the ten appeal, and the attractions of litigation in M.P.s only Mr Fleming and Mr MacRobert-are Scotland are none too apparent. Can nothing without previous parliamentary experience. be done to simplify, and generally to “gingerThe new House of Commons will be without a up our procedure? In answer to a recent Bar representative in either of the opposition correspondent in this paper who suggested that parties. salvation might be found in, among other things, As a set-off to this, it is interesting to read a drastic reduction in counsel's fees, it may that one of the Glasgow members, in the person stated that a distinguished litigant in this of Mr Campbell Stephen, has been called to the country only the other day expressed himself as English Bar. This will be an assistance, says ‘shocked” to find on what an inadequate scale the Labour daily paper, when the next Socialist remuneration was made to counsel in this Government is in power. The question of the country. Scottish legal appointments will then present no In connection with the reform of our prodifficulty. Mr Rosslyn Mitchell, the new M.P. cedure, the late Lord Advocate, speaking the for Paisley, and Mr Campbell Stephen, both other day at Aberdeen, said that he had a very being lawyers, will be eligible for appointment as strong feeling that the system of procedure in Lord Advocate and Solicitor-General respec- their Courts in Scotland wanted overhauling. tively. It is sad to note how indifferent, if not As one who had to work on the machine, he had indeed actively hostile, this particular party the feeling for years that they were not giving and its members always seem to be to Parliament at the present moment that service of public House. justice in their Courts which the commercial It is a notable feature of present-day politics community of the country was entitled to have. that election petitions appear to be almost (Hear, hear, and applause.) They were still obsolete. There is actually not one resulting practising in the Supreme Courts of Scotland from the general election. This may be a under a statute passed nearly sixty years ago ; remarkable tribute to the purity of modern and his feeling was that their Courts were now political life, or it may be, as has charitably been ripe for reasonable and sensible measures of pointed out, that nowadays constituencies are reform, which would enable the justiciary and too large for bribery to be practicable. It would bar of the country to cater for the legal needs be very little good at the present time to engage of the country in a more effective, a more Mr Weller, senior, to tip à coach-load of voters expeditious, and a less expensive form. (Apinto the canal; and with the present excise plause.) It would have been his ambition, had duties, it would be a hopeless task for anyone it been his good fortune to be longer in office, but a Monte Cristo to deal with the doubtful to have set his hand to that somewhat difficult voters of any of our great constituencies as was task, but he had not the least doubt that in the done in the ancient borough of Eatonswill. As hands of his successor the question would also a matter of historic interest, can any reader of be taken up, and would be most competently the “ Scots Law Times” give a list of the most and adequately dealt with. (Applause.) recent election petitions in Scotland ? From correspondence which has been proThe session drags on somewhat ingloriously ceeding in the English newspapers, both lay and so far as volume of work is concerned. During legal, it is evident that the inclusion of the one week we had the melancholy spectacle of Attorney-General in the Cabinet is not viewed the Outer House without a single proof among with favour. That this attitude is not any its five judges, except a few undefended divorces; reflection on the present holder of the office is and yet one of the factors which institutes most quite clear from the terms of the criticisms, strongly against litigation is the delay which the for, as Sir Harry Poland (still writing to the would-be litigant must face before getting a "Times” at the age of ninety-six) Observes : a decision. The situation is not unlike that in the That the Attorney - General deserves probody politic at large. Then we have the motion of some kind all are agreed." It is the singular paradox of a great body of unemploy- form of the promotion to which the critics take ment combined with a housing shortage. In exception, on grounds both professional and our humbler sphere we have a shortage of work constitutional. It is pointed out that most combined with delay in the progress of cases distinguished men who were statesmen as well from summons to final judgment, which must as lawyers have filled the office of Attorney a General, whom it was not thought right to Heritor's Fire Insurance. It was reported A“ Scots Law Student writes that he is NOTICE. The sittings of the First Division of the Court recent acquisitions are “ The Summons,” by for the trial of causes by jury in the ensuing A. E. W. Mason; “The Long Roll,” by Mary Christmas Recess will begin on Monday, 22nd December next. J. P. EDINBURGH, 27th November 1924. The sittings of the Second Division of the Court for the trial of causes by jury in the INCORPORATED SOCIETY OF LAW ensuing Christmas Recess will begin on Monday, AGENTS IN SCOTLAND. 22nd December next. J. A. EDINBURGH, 27th November 1924. WE regret to record the death of Mr Duncan Committees.—The Committees were adjusted MacLaren, S.S.C., of Strowan Lodge, Edinburgh, and reappointed for the ensuing year. which occurred at Kilconquhar. The deceased Rents Restriction Acts.-A remit was made by was one of Scotland's oldest and leading lawyers. the Council to consider any Bills which might Mr MacLaren was born in 1853 near Dunkeld, be introduced to amend the existing Act or to and, after serving his apprenticeship in law at provide for its continuance. Perth, came to Edinburgh and gained experience Law of Diligence. It was reported that a Bill in the Town-Clerk's office, and later with Messrs had been drafted to give effect to the alterations Boyd, Jamieson & Co., W.S., Leith. He joined recommended by the Departmental Committee the late Mr Duncan Smith, S.S.C., in 1877, and which it is hoped to press forward on an entered into partnership with him in 1881. early date. Mr MacLaren was a good shot, and was a Burgh Registers and Land Tenure Bills.-It well-known golfer, having a long connection was resolved to take steps to ensure the passing with the Mortonhall Golf Club. He was elected of these Bills during the coming session, and captain for three years, and was a member of the Council instructed their representatives on the Council for twenty years, until 1912, when the Joint Committee of Legal Societies to bring he retired. He is survived by a family of two the matter before the Committee. sons and six daughters. Legal Education.—A report was submitted The funeral took place to Grange Cemetery, from the Legal Education Committee on the Edinburgh, on Tuesday last. The pall-bearers draft regulations for admission of Law Agents included a son and four daughters; Mr H. H. The report bore that these were generally considine, W.S., son-in-law; Mr John Lindsay, approved of, but certain points were submitted Montrose, nephew; and the Rev. James S. for further consideration. A suggestion that a Carswell, Temple, Glasgow, brother-in-law. A joint meeting should be arranged between repre- brief service at the graveside was conducted by sentatives of the Scottish Education Board and Rev. Mr Carswell in the presence of a large the Law Examiners was approved. number of friends. a 11 66 are LEGAL LIFERENTS. thereupon the right is judicially extinguished without any payment at all. The words The rights here referred to are terce and and annual savour of immediate courtesy. It is not intended to discuss these ad hoc application, but it may be that par. (g) at length or generally, but only to touch on must be read along with par. (a), which consome special considerations which have in fact templates a judicial survey of “average free been suggested by section 21 of the new Con- rental over a period of years backwards and an veyancing Act, which deals with the standard-estimate of the same forwards " for the preising, redemption, and extinction of these sumptive period of the widow's life.” The rights. language is that the Court "may" make this Let us take terce first, and let us assume a back survey and forward estimate. It is not case which would hardly seem to have been clear whether the may is not equivalent in contemplation by the authors of this year's to “shall.” If not, it is open to the Court to Act, namely, that the deceased husband's adhere to the figures of the one year, though right of fee was subject to a conventional these may include the debit of a very large liferent in favour of A. That is merely the annuity in favour of a man over ninety and very ordinary case of an infeftment in favour known to be in a critical state of health. Or, of A in liferent and B (the deceased husband) again, such an annuitant may have died last in fee; though, indeed, infeftment is not now year, and in that case it is difficult to see the material if the death takes place after 31st equity of bringing into account this expired December of this year; and further it may be annuity so as to reduce the terce; but that is that subsection (4) (a) of section 21 brings in what will happen if the backward survey is cases where heritage is held by trustees for A brought into operation. It is known that this as liferenter and B in fee. It goes without point of terminable charges was under the saying that the liferenter A may be younger consideration of the framers of the Bill, but than B's widow. Is such a case within the whether the result is satisfactory is another provisions of section 21 ? So far as we have matter. Suppose it was not an annuity, but observed, a case of this nature is not referred a liferent, which expired last year, is the to by any of the institutional writers or in any result of the forward estimate to be diminished other standard (or indeed in any) work. So by the result of the backward survey, the long as things remain in the position stated, effect of the latter in the case supposed being it is clear that there can be no terce fruits, but nil for each year ? is the widow nevertheless in the position of The new Act is most careful to provide having a right of terce out of land,” which is specially for the augmentation of benefit to a the expression in subsection (3) (a)? That widow in right of lesser terce, contingent on subsection prescribes the conditions for standard - her surviving, and after the death of, the full isation of terce, whether at the instance of the tercer in front of her. Now, the full terce in widow or against her; and unless terce has been front is exactly equivalent to a prior annuity standardised it cannot be redeemed. We think of like amount or a conventional liferent of it is correct also to state that, wherever one-third. It is, therefore, difficult to see the there has been standardisation, there may be equity of dealing differently with these similar redemption. Of course no one would suggest situations. that the existence of an annuity, preferentially Reverting to the case of an exhaustive prior affecting the deceased husband's fee, is any bar conventional liferent, either the case falls to service and kenning under the prior law, or under the Act or it does not. If it does not, would be any bar to declarator of right of terce then the widow is safe from the risk of having under the new Act. Nor would it matter how her right confiscated by being valued at nil large the annuity was in relation to the net and extinguished without compensation. If income, nor even though the annuity exhausted it does fall under the Act, that is the risk. On the present income. In these annuity cases, the first of these assumptions it is helpful to therefore, it is too clear for argument that the see what may happen. If the successor in the standardising and redeeming provisions would fee desires to sell his reversionary right of fee, apply. But that is not to say that they will subject to the conventional liferent, he will do apply where a conventional liferent is in front, so either with, or without, the consent of the instead of an annuity. widow. If without her consent, her position In connection with these questions it is is unaffected. If with her consent, it must be important to keep in view that the Act con- on a pact for recognition of her terce right out tains (section 21 (3) (g)) provision for a judicial of the price on a fair actuarial basis, which finding that terce, though already judicially is a practical demonstration that, exhaustive declared to exist in right, has no value-“that liferent notwithstanding, the widow has a there are no free annual rents or profits,” and positive quantity to her credit, and that any or extinction of that for nil would be a legislative may call-if it can exist at all—a postponed and judicial wrong. courtesy. But, after all, the prior courtesy Reference has been made to conventional is only a liferent. If a conventional liferent liferents, but it is interesting to consider that in front does not bar the application of the the prior liferent in front of the terce might be standardising and redeeming provisions of the a legal liferent by courtesy. When all our Act to terce, neither will it bar their application writers have expressly dealt with the case of to courtesy. From which it may be an easy one right of terce in front of another, which step to say that neither will those provisions creates lesser terce, it is strange that the be barred by the existence of a prior legal conception of the prior right being one of liferent by courtesy. courtesy seems never to have been in terms The provisions for standardisation and recognised. redemption, including extinction without Turning to courtesy, and in the first place compensation, apply whether the husband or apart from the new Act altogether, the peculiar wife died before or after the commencement thing is that, while throughout the authorities of the 1924 Act. there is the full recognition of the concurrence It will be interesting if readers will state of two or more rights of terce, the idea of the whether in their personal experience they have possibility of the same situation arising in the seen any of the following cases :-(1) terce or case of courtesy is, so far as we have traced courtesy subject to a prior conventional liferent, the matter, never even suggested. So far as or exhausted by a prior annuity; (2) terce facts are concerned the case must have occurred, excluded by a prior courtesy right; (3) courtesy though it is no doubt true that fewer women subject to a prior right of terce; (4) lesser than men owi wned, and own, heritable property. terce, a third concurrent terce right; A woman dies, leaving heritage, and survived (5) courtesy excluded by a prior courtesy by her husband A and by a girl who is her heir right. at law. The widower A enters to courtesy, and during his lifetime his daughter grows up, EXTRA NORTH CIRCUIT, 1925.—The Hon. marries, and dies, owning the heritage, subject Lord Ormidale and the Hon. Lord Ashmore. to her father's exhaustive liferent by courtesy, Perth—Tuesday, 27th January 1925, at halfand survived by her father A, her husband B, past ten o'clock forenoon. Pleading Diet and a child. Obviously B's courtesy can -Saturday, 17th January 1925. Serviceyield nothing while A survives, and that is Saturday, 10th January 1925. Dundeewhere it differs from lesser terce; but has B Tuesday, 3rd February 1925, at half-past ten a right of courtesy at all? On the one hand o'clock forenoon. Pleading Diet-Saturday, it is clear that no prior annuity would exclude 24th January 1925. Service-Saturday, 17th his right, not even though the annuity exhausted January 1925. Aberdeen-Tuesday, 17th , the rents. But, on the other hand, the legal February 1925, at half-past ten o'clock forerights of terce and courtesy are peculiar in- noon. Pleading Diet-Saturday, 7th February stitutions, and the Courts have more than once 1925. Service-Saturday, 31st January 1925. refused even to attempt to give reasons for the J. M. Hunter, Esq., Advocate-Depute ; Messrs rules applicable to them. If, therefore, it is Alexander Rae and V. S. M. Marshall, clerks. the fact that in none of the legal sources is there any recognition of, or reference to, two (or FACULTY OF ADVOCATES.—At a meeting of more) courtesy rights in concurrence, it may the Faculty of Advocates held on 3rd December be that the Courts would now refuse to decree (the Vice-Dean, Mr C. H. Brown, K.C., presidwhat in a practical sense would be an extension ing), Mr G. L. Crole, K.C., Sheriff of the Lothians of this very ancient-rooted right, refusing at and Peebles, was reappointed as the reprethe same time to give any substantial reason sentative of the Faculty on the Board of for so deciding. So far negatively, but further Managers of the Royal Infirmary for the enthere is the positive consideration that our suing year; Mr William Chree, K.C., and Mr jurists have, to some extent at least, based the Oswald Dykes were reappointed as trustees husband's courtesy on the jus mariti, of which of the Craigcrook Mortification; and Mr W. G. it is represented as an extension after the death Normand was appointed a governor of the of the wife. This assumes that during the Fettes Trust in the room of the Right Hon. marriage the husband was receiving the same H. P. Macmillan, K.C., who retires. rents jure mariti, which of course would not be true in a case where both husband and wife The half-yearly meeting of the Faculty of had been excluded from possession by a prior Procurators in Glasgow was held on the 4th inst. courtesy right. in the Faculty Hall-Mr Timothy Warren, Following the institutional writers the 1924 Dean, in the chair. The following members Act makes no express provision for what we were admitted : Angus Macphail, writer, 302 . |
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