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Lordship's opinion applies to theft, we see that in this manner many delicate questions may it is not enough to constitute the crime, that a arise. The important point to bear in mind is person should take the property of another that the person who takes away the article without his consent. Before the person can be must have a colourable ground for believing called a thief he must have taken away the that the thing is his. A man must not act article deliberately and with conscious dis- directly in the face of the law, and try to excuse honesty.
his conduct by a suggestion of violent passion, This is not the common conception of theft, or upon some singular idea of his own. That and many a man lodges a charge of that crime was the fatal error of George Robertson and merely because the alleged criminal has taken his companions, whose rash behaviour in a away something which is the property of Customs case forms the foundation of Sir another without the owner's consent. The Walter Scott's “ Heart of Midlothian." essential element of deliberate taking with If the taker believes on rational grounds that conscious dishonesty is overlooked.
the owner will not object to his taking the Many circumstances may render it impossible article, although he has not asked permission, to describe an act of taking or appropriation his taking will not be theft. Presumed consent as wicked and felonious.
may be inferred from the near relationship or The article may have been entrusted to the intimate connection of the parties, and if such taker by the owner with the purpose that the consent can be sufficiently established, it will receiver shall retain it indefinitely, but without remove the prima facie evidence of felonious actually transferring the right of property, and intent. thus leaving the receiver subject to a possible It is not the writer's intention to discuss the accounting at a future date. For example, an whole law of theft, and the matter may be left old-fashioned silver kettle had been bequeathed there. His point is to emphasise the fact that to a woman in liferent, and to her younger sister before a man can be charged with theft, it is in fee. The older woman had possessed the not enough to shew that he took something kettle for some years, when she resolved to give without first having procured the owner's conup housekeeping, and forgetting the liferent, sent. Unless the man can be shewn to have instructed a firm of auctioneers to sell her effects. acted wickedly and feloniously, it cannot be The younger sister, with a bitter animosity not said that he has broken the commandment uncommon among relatives, was determined to " thou shalt not steal.”
H. H. B. have the liferenter prosecuted for theft, and would have succeeded if she could have produced evidence of felonious intent.
NOTES FROM PARLIAMENT HOUSE. A person may take away an article without the intention of appropriating it. Alison (I. The result of the General Election has not 270) suggests the cases of a servant taking his proved satisfactory to the members of the Bar master's horse to ride on his own errand, or a who stood as candidates. Only four out of farmer taking his neighbour's plough to till his eighteen aspirants succeeded. Sir Robert Horne
Such conduct is wrongful, but not and the Solicitor-General held their seats in theft.
Glasgow and Aberdeen respectively for the The most frequent case of this class is where Unionists, while Mr Duncan Millar was again an article has been taken under a mistaken idea returned as a Liberal for West Fife. The only of right. To constitute his act a theft, the new Member of Parliament in the ranks of the taker must know that the article taken belongs Faculty is Mr Macgregor Mitchell, elected as a to another, and that he is depriving that other Liberal for East Perth. Many of those who of his right of property in it. Alison declares failed were only rejected by what are, in these (p. 271) that taking is not theft, although the days of enormous electorates, comparatively taker means to dispose of the thing, if he takes small majorities. The general political situait in the belief, however erroneous, but founded tion is at the time of writing obscure ; whatever on probable grounds, that the thing is his own. be the upshot, the arrangement of the Scottish Instances occur in testamentary successions. legal offices is sure to be of unusual interest. A younger son of a deceased man, having failed Defeated candidates may have been comforted to satisfy his brothers of the extent of his by some verses entitled Hope," appearing interest in his father's moveable estate, may go in an Edinburgh evening paper consecutively Þy night and clandestinely carry off some articles with a paragraph about Parliament House which formerly belonged to his father. Such politicians, and beginning with the words: conduct is highly culpable, but the way to
Weep not, beloved, I shall come again.” rectify the wrong-doing is not to charge the The generosity of Mr Hugh Macmillan, K.C., younger brother with theft.
has brought the manuscript of “Redgauntlet, It is apparent from what has been said, that recently sold in London, to its rightful resting
place-the Laigh Parliament Hall. It may opinion, one of so much substance, although now be seen there, open at the first page of our correspondent devotes a good deal of space
Wandering Willie's Tale,” held by many good to it. It consists in the control by judges' judges to be the world's finest short story. clerks of the shorthand writers' notes of evidence What chiefly amazes the visitor about the in proofs. This is described as dilatory manuscript is not only the flowing grace of the and demoralising,” but the writer adds that it writing and absence of corrections—these are would be “ unjust to put down a great deal of common features of Scott's works—but its delay in the hearing of cases to this indefensible extraordinary closeness and compression. The custom.". He adds, with greater force, that whole novel was written on 214 quarto pages.
" it is a ridiculous duty to cast on a judge to Anyone accustomed to notice how manuscript go over any notes for the purpose of certifying is apt to shrink on being reduced to print will them. They should, perhaps, be really certified realise what this means. It is understood that by the shorthand writer and held as correct by
Redgauntlet” will pass to the “National the authentication of the agents.” Library " when that institution comes into Another grievance springs from the fact being. This suggests speculation as to how that no one can now as formerly get a copy many of its manuscript and other treasures the of the judge's opinion in a case except through Advocates' Library will retain when the bulk his clerk. “The process in every case should of its literature passes to its successor. As be complete in itself, with a record of all regards the ordinary contents of its shelves, if judicial acts, decrees, and opinions on the file. the needs of a Law Library are interpreted No one without immense trouble can get at in a catholic spirit, the new library may find the opinions of judges in Outer House cases itself with a considerable leeway to make up in where no record of them enters any of the such matters as reference works of all kinds. “ Law Reports. Every case that goes to the But as to this, we must simply" wait and see.” Unextracted Department should contain all
A correspondent writes from the West with opinions delivered in connection with it." à note of some grievances with regard to The last “ clog ” which is here brought to the procedure of our Courts. Beginning with notice is the practice of reading long opinions the statement (surely a little extreme) that when judgment is given, creating great “Glasgow and Renfrewshire provide three-delay in the despatch of business. There is fourths of the judicial work of the Court,' no necessity for judicial time being so emhe complains that “the Court of Session ployed either in the Outer or the Inner House. through its own want of foresight is fast becom- A proof is appointed to proceed at 10 A.M. ing the sole resort in justice of wealthy com- Witnesses come from Glasgow, or-worse still panies and paupers on the Poor's Roll. With from London. At noon the judge is still them costs is a matter of indifference. Clog reading, perhaps indifferently, so that it is after clog has been placed in the way of the difficult to gauge the trend of his decision. Supreme Tribunal in recent years. It is no Let the opinion be issued to the parties, and the surprise that many litigants betake themselves question of expenses be disposed of at to the Sheriff Court.” This is in large measure convenient time, if the point has not been true. It is a matter for surprise that no enter- settled. As regards the Inner House, there prising member of the junior Bar has ever should be more resort to the Privy Council betaken himself with his brass plate to Glasgow, practice of one judge being selected to where a specialist in Sheriff Court work could deliver the opinion of the Court." do far better than the average junior can do sure, however, that no judge of the Court here. Think of the success of men at the would put a case with a two hours' opinion English Provincial Bars.
out for advising on one of the rare days The first “ clog” of which our correspondent on which a proof was due to be heard. Nor speaks was certainly one hard to justify. does our correspondent appear to consider that “There was no excuse for the increase of Court if the judges did not read their opinions their fees, fee fund or otherwise. The Treasury hours in banco would be even more deplorably may have called for such increases in blind short than, certainly through no fault of theirs, zeal for economy at any cost. It is simply they are at present. The writer must be absurd to say that justice should pay its way. thanked for his letter, with its interesting and And the irritating and taximeter system upon helpful comments on our procedure. which some of the increased fees are requested does not reflect any credit on the business sense of any committee that recommended THE Secretary for Scotland has been pleased it. Practitioners in the Sheriff Courts would to appoint Mr Andrew Crawford to be Sheriffnot submit to such a system.”
Clerk of Ayrshire, in the room of the late Mr The next suggested grievance is not, in our W. S. N. Patrick.
INCORPORATED SOCIETY OF LAW
DIVORCE IN SCOTLAND.—An analysis of the AGENTS IN SCOTLAND.
figures relating to divorce cases in Scotland for
1923 shews a continuation of that decrease A meeting of the Council was held in Edin- which has been progressing since 1920. In burgh on 22nd November last, Mr John Patti- the latter year the number of cases had risen to son, Paisley, the President, in the chair. the unprecedented total of 810. In 1921 the
Railways Act-Scottish Trusts. It was re- total fell to 528, and in 1922 to 401. The total ported that the question of identifying particular for 1923 was 370. trusts holding railway stocks in the registers Out of the total of 370 cases which were disand stock certificates was still under discussion. posed of, decree of divorce was granted in 364, The Council were of opinion that it was im- and refused in 6. Adultery formed the ground portant to have the particular trusts identified, on which 204 cases were raised, and desertion and agreed to press the point.
led to 166 actions. Law Agents Bill. - It was reported that The cases in the Court of Session were disthis Bill had been submitted to the Lord tributed amongst the judges as follows : President of the Court of Session for his con- Lord Ashmore, 185; Lord Murray, 68; Lord sideration, and that the Lord President had Constable, 51; Lord Morison, 46; and Lord conferred with members of the Joint Committee, Blackburn, 20. who now awaited the receipt of his opinion.
Income Tax.—Letters were submitted from The volume of “Scots Law Times” for 1923, a member as to whether the annual subscriptions just completed, contains reports of no fewer payable to the Incorporated Society and to his than 249 cases. These are comprised of Tocal Society of Solicitors, as also his outlays Inner House 99, Outer House 55, Bill Chamber 4, for "Law Reports" and legal works, were Teind Court 1, Justiciary Court 13, Valuation deductable from the income of a legal business Court 5, House of Lords 11, and Sheriff Court 61. as business expenses, prior to assessment of With the annual subscription of £2, 10s., this income tax. The Council were unanimously works out at the small cost to subscribers of of opinion that all such items were proper 21d. per case, assuming no charge for Statutes, deductions.
News, etc. Income Tax Form No. g.Letters were submitted from the Dumfries Faculty of FACULTY OF ADVOCATES.- At a meeting of Solicitors as to the liability of law agents to the Faculty of Advocates held on 11th December, supply particulars of income received by them the Vice-Dean (Mr C. H. Brown, K.C.) presiding, for clients and chargeable under Schedule D. Mr James Roberton Christie, O.B.E., K.C., was The matter was continued for enquiry and appointed as one of the Edinburgh Ecclesiastical further consideration.
Commissioners for three years from 1st January Committees.--The standing committees of the next, in terms of the Annuity Tax Abolition Council were re-elected after revisal.
Act of 1860, and Sheriff Crole was reappointed Remits.-Remits were made to the Bills Com- as one of the Managers of the Royal Infirmary mittee to report on remuneration of Sheriff for the ensuing year. The presentation to the Court officials, Guardianship of Infants Bill, and Advocates' Library by Mr H. P. Macmillan, amendment of Trusts (Scotland) Act, 1921. K.C., of the manuscript of " Redgauntlet " was
A number of interesting letters from members formally reported, and it was resolved that the of the Society, dealing with sundry matters, Dean should be requested to convey to Mr were read.
Macmillan the thanks of the Faculty. Table of Fees. It was reported that the Joint Committee of Legal Societies still awaited SOCIETY OF WRITERS TO HIS MAJESTY'S reports from some of the societies on the SIGNET.—The following were admitted, on 18th proposals for a new Table of Fees. It was December, members of the Society of Writers agreed that the societies should be asked to to His Majesty's Signet: Henry Vans Anderson, complete their reports as soon as possible. Glenburn Hall, Jedburgh ; Simon Fraser,
New Members.—The following were admitted 19 Ainslie Place; Alfred Charles Macaulay, members of the Society :-Messrs Alastair Bank House, Golspie ; Robert Carfrae Notman, Dallas, W.S., Edinburgh; William Mitchell B.L., 3 Magdala Crescent; William George Lyle, John G. Patrick, Thomas G. Menzies, Beauchamp Oliver, LL.B., 11 Royal Circus; and John Barbour, all of Glasgow, and William and John Patrick Pattullo, 16 Grosvenor Street. G. M. Dobie, Maxwelltown.
We note that Mr C. Strang Watson, solicitor
and notary public, has acquired the business MR A. A. BUIST, W.S., has commenced formerly carried on by Mr John G. Todd as a business at 2 Queen Street, Edinburgh. solicitor at 22 Bernard Street, Leith.
ACT OF SEDERUNT ANENT C.A.S., Book L, CHAPTER XIII.-PROCEEDINGS UNDER
THE WORKMEN'S COMPENSATION ACT, 1906 to 1923 (6 EDW. VII. CAP. 58 ; 9 EDW. VII. CAP. 16; 8 GEO. V. CAP. 8; 8 & 9 GEO. V. CAP. 14; 13 & 14 GEO. V. CAP. 42). [Edinburgh, 21st December 1923.]
The Lords of Council and Session, in virtue of the powers conferred by the Workmen's Compensation Acts, 1906 to 1923, and considering that in consequence of the passing of the Workmen's Compensation Act, 1923, it is necessary to alter, amend and extend the provisions enacted by C.A.S., Book L, Chapter xüü., as amended by Acts of Sederunt dated 6th July 1915 and 25th May 1920: do hereby repeal the said Chapter xiii. (except the Appendix (Forms I. to XIII.) thereto) and the said Acts of Sederunt dated 6th July 1915 and 25th May 1920, and in lieu thereof declare and enact as follows:
1. Employment of Agent and Counsel.--A party to any arbitration under the Acts may appear in person, or be represented
(a) By counsel; (6) By a duly qualified law agent; or (c) Where written authority from him is produced, by a member of his family,
person ; but no fee paid to a counsel shall be allowed on taxation, unless the arbitrator has certified that the employment of counsel was proper; and no person other than a counsel (when the appointment of counsel is authorised) or a duly qualified law agent shall be entitled to have any fee or reward for appearing or acting on behalf of any party in an arbitration under the Act; provided always that an arbitrator may, in the case of a workman appearing in person, or a member of his family appearing for him, or in the case of a manager, clerk, or other servant appearing as the representative of an employer, make such allowance in respect of loss of time and travelling expenses as he shall think reasonable.
An application under paragraph 9 of the First Schedule to the principal Act may in the case of neglect of children by a widow be made by the Procurator-Fiscal of the Sheriff Court or by the Parish Council.
2. Application for Arbitration.-An application for the settlement by arbitration of any claim for compensation under the Acts shall not be made unless and until some question has arisen between the parties, and such question has not been settled by agreement. The application shall state concisely the question which has arisen.
3. Parties to Arbitration.--An application for the settlement by arbitration of the amount payable as compensation under the Acts in a case where death has resulted from the accident may be made by the employer, or by the executor or other legal personal representative, if any, of the deceased workman, or by all or any of his dependants. It shall set forth the names of all the dependants (including those persons who claim to rank as dependants) so far as known to the applicant or applicants, and, where it is presented by or on behalf of some only of the enumerated dependants, the rest of them shall be called as respondents; provided always that if in the course of the proceedings it appears that there are other dependants than those who are parties thereto, the Sheriff may order the petition to be served upon the omitted dependants, and may sist procedure in order to enable him or them to appear.
4. Court, where Parties Resident in Different Districts.-Applications under the Acts, if the parties reside in different districts, shall be made to the Sheriff Court of the county or district of a county
1. In which the accident occurred; or 2. In the case of a claim by virtue of section 8 of the principal Act as amended,
in which the workman was last employed in the employment to the nature
of which the disease was due; or 3. If the accident occurred at sea(a) in which the ship is at the time when intimation or service of the
application is made; provided that such intimation or service is made to or on the master of the ship in the same county or district of a county; or
(b) in which the managing owners of the ship, or some or one of them, or
the manager, may reside or have a place of business ; or
(c) in which the ship is registered without prejudice to any transfer as hereinafter provided.
5. Transmission to Forum conveniens.-If a Sheriff before whom an application under the Acts is brought is of opinion that the case can be more conveniently tried and determined in any other Court in Great Britain, he may on the motion of any of the parties make an order remitting the case to such Court, and on such order being made it shall be the duty of the sheriff-clerk to transmit the application with all the relative documents to the sheriff-clerk or registrar of the Court named in the order, and to transfer to such sheriff-clerk or registrar any money invested in connection with such application in his name as sheriff-clerk, and the case shall thereafter proceed in the last-mentioned Court as if it had originated there.
6. Transmission of Money consigned in Post Office Savings Bank.—When any money ordered to be transferred from one Court to another is invested in the Post Office Savings Bank in the name of the sheriff-clerk, such money shall be transferred into the name of the sheriff-clerk or registrar of the Court to which the money is ordered to be transferred, in accordance with regulations to be made by the Postmaster-General with the consent of the Treasury; and where any money ordered to be transferred is not so invested, it shall forthwith be so invested, and shall when invested be transferred as herein before directed.
7. Claim of Indemnity.—Where a claim for compensation under the Acts is made against a principal, he may, at the calling of the case, move the Sheriff for authority to serve a copy of the petition, together with a notice of the claim for indemnity, upon any person against whom he intends to claim indemnity, and such person may within the time fixed by the Sheriff lodge a notice of appearance. If he does lodge a notice of appearance, he shall thereafter be deemed to be a party to the arbitration, and the question of his liability to indemnify the principal may, if they both consent, be summarily and finally determined therein ; provided always that, if he is held in that process not to be liable to indemnify the principal, he shall not be subjected in any part of the claimant's expenses. If he fail to lodge a notice of appearance, he shall not be entitled, in any subsequent proceedings against him at the instance of the principal, to dispute the validity of any award made under the petition, whether the same be made of consent or otherwise.
8. Claims under Section 8 of the Principal Act.-In any claim for compensation under section 8 of the principal Act as amended, if the employer alleges that the disease was in fact contracted while the workman was in the employment of some other employer, the Sheriff may grant authority to the employer to serve a copy of the application and of his averment as to the time and place of contracting the disease upon such other employer, and such other employer shall, upon such service, be held to be a party in the arbitration.
9. Incidental Applications.-Applications under paragraphs 7, 8, 9, 15, 16, or 17 of the First Schedule to the principal Act as amended, or paragraphs 9 (c) or 14 of the Second Schedule to the principal Act, shall be made by a minute, which shall be lodged in the original process, if any; and if there be no process, a copy of the recorded memorandum, certified by the sheriff-clerk, shall be lodged along with the minute, and shall be held to be the process. If there be no recorded memorandum and no original process the minute may itself be held to be the process. Such minute shall be intimated to the other party or parties interested, and thereafter be disposed of summarily, as if it were an application for settlement by arbitration under the Act. In all the cases referred to in this clause an entry shewing how the application is disposed of shall be made by the sheriff-clerk in the special register kept for the purposes of the Acts.
10. Expenses. The costs of and incident to all proceedings under the Acts shall not exceed the limits prescribed by the Act of Sederunt, and the regulations and tables of fees therein contained shall, so far as applicable, be held to apply to such proceedings. It shall be competent to an arbitrator agreed on by the parties to direct payment to his clerk of such remuneration as may be allowed by the auditor of the Sheriff Court of the district, but not exceeding a fee of £l for each day of the trial, a fee of 5s. for each other necessary meeting with the parties, and a fee of 2s. for each necessary letter, besides outlays and copying charges.