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1 Of whom 120 were husbands and 322 wives.
Of the clients 476 were men and 881 women. following is a table of the various cases in which
The following table shews the cases according the Defensor has appeared during the year : to their classification :
45 Husband and Wife.
14 Parent and Child
16 Master and Servant
66 Landlord and Tenant
176 Succession 58
208 Workmen's Compensation
47 Personal Injury
An abstract of the accounts for the past year Slander
is appended to the report. It is gratifying to Contract
report that the sum collected in the donation Insurance
boxes is larger than in any former year. The Miscellancous
directors are at present in communication with 1357
the Town Council with the view of securing suitable accommodation for the dispensary. If this is obtained it will entail additional
expense, and it is hoped that not only will As in former years the advising staff have present subscribers continue their support, but conducted a large correspondence, and have that many new friends will assist in carrying on held numerous outside interviews.
the work. Every endeavour is made to effect amicable Mr H. E. Richardson, W.S., is cordially settlements. Cases where legal proceedings thanked for the gift of periodicals for the disrequire to be taken are remitted to the officially pensary waiting-room. appointed Agents for the Poor. During the The financial side is fairly strong, there being year 287 cases were so remitted for further a balance in hand of £255, 18s. 11d. proceedings. Great care is taken that the privileges of the dispensary are not abused, and that advice is only given to those who are As we go to press we learn with much regret unable to pay for it.
of the sudden death of Mr D. Winter Robb, The secretary recently had considerable S.S.C., one of the outstanding figures in Edincorrespondence with barristers and solicitors burgh legal circles. in London in connection with proposals to improve the system of giving legal assistance THE SOCIETY OF PROCURATORS
OF MIDto poor persons in England.
LOTHIAN.-The following agents have been The lawyers who attended the dispensary elected as Agents for the Poor in the Sheriff during the past year are cordially thanked Court for the year from 1st April 1924 : Mr for their services. Messrs C. C. Learmonth, Lindsay C. Steele, solicitor, Mr J. Baker Wilson, solicitor, J. MʻLauchlan, solicitor, C. R. solicitor, Mr G. W. Hoggan, solicitor, Mr George MʻVittie, W.S., Jas. S. Scott, solicitor, R. M. Leys, solicitor, Mr Michael Marcus, solicitor, Tedcastle, W.S., and George W. Wallace, W.S., and Mr J. Leslie MacCallum, solicitor. have resigned; and Messrs R. H. Sherwood Calver, M.A., LL.B., Allan J. Grierson, M.A., LL.B., Robert Martin, W.S., D. G. M'Gregor,
SHERIFF-PRINCIPAL IRVINE, K.C., has apW.s., John Baird, solicitor, D. G. Fraser, B.L., pointed Mr Robert S. Murray, solicitor, to the solicitor, R. C. Jack, solicitor, John G. Mitchell, office of Hon. Sheriff-Substitute for Greenock. solicitor, and R. C. Notman, W.S., were appointed advising lawyers. Messrs A. H. C. Hope, W.S., MR JAMES W. DAVIDSON, Town-Clerk Depute C. C. Learmonth, solicitor, C. R. MʻVittie, for many years, has been appointed by the W.S., N. G. Paulin, W.S., and R. Tedcastle, W.S., Aberdeen Town Council to the position of have been elected life members.
Town-Clerk, in succession to the late Dr Gordon. The directors regret to record the death of The salary is £1300 per annum, in lieu of all Sir John Stewart Clark, Bart., who was a fees and emoluments pertaining to the office generous supporter of the dispensary, and also or claimable in respect of the official duties of the death of the Rev. D. M. W. Laird, who was Town-Clerk, the appointment to be for a period a regular contributor for many years.
not exceeding five years, at the end of which The Defensor in the Police Court has appeared period he should be entitled during his life to in 208 cases during the year.
His services are à retiring allowance at an annual rate of not much appreciated by the Bench, and greatly more than two-thirds or less than one-half of assist in the administration of justice. The that salary.
MR JOHN R. PURDOM, who was joint Town- was born in Campbeltown, and for a quarter Clerk of Hawick along with his late brother, of a century was secretary of the Clyde Mr Robert Purdom, has now been appointed Corinthian Yacht Club. Mr Pirie Town-Clerk.
member of the Kyrle Club, secretary of the
Kintyre Club, and took a great interest in the COPARTNERSHIP.-Entitled the Companies Mission to the Outdoor Blind. Amendment (Copartnership) Bill, a measure introduced in the House of Lords by Viscount THE death has occurred at 19 Findhorn Cecil of Chelwood is designed to promote the Place, Edinburgh, of Mr Andrew Tosh, S.S.C., adoption of copartnership by statutory and a well-known lawyer and citizen. Mr Tosh other companies.
entered the legal profession at an early age, · The bill, of which the text was issued this having completed both his practical and week, empowers any company incorporated by University training before he was twenty-one. Act of Parliament or registered under the In 1884 he was admitted to the S.S.C. Society. Companies Acts, without further authority The younger son of the late Mr George Tosh, of Parliament or application to any Court, to Surveyor of Taxes, Ayr, he always maintained introduce a scheme of copartnership, under a deep interest in his native town and county, which any employee is further remunerated and was one of the founders of the Edinburgh either by the allotment of shares of the company Ayrshire Association, of which he was president credited, or paid up in full or in part or by a for a period of three years. In politics, Mr
. share or interest in the profits of the company. Tosh was a staunch Unionist. He is survived The election of employees to boards of directors by his wife. is authorised.
The second clause of the bill provides that companies or corporations not formed for the
CURRENT LAW LITERATURE. purpose of profit, including Municipal Corpora- The English and Empire Digest. With Complete tions or County Councils, shall be deemed to
Annotations. Vol. XVII. Editor-in-Chief and have power to issue regulations providing for Managing Editor: Sir T. Willes Chitty, Senior the payment to any cmployee, in addition to Master of the Supreme Court. Butterworth de the usual salary or wages, of a bonus on the
Co. amount by which the actual expenditure in Seventy-Two Years at the Bar : A Memoir. By the branch of service is less than the estimated Ernest Bowen-Rowlands. Macmillan & Co.
Price 18s. net. expenditure. In the case of Municipal Corporations or County Councils, or other public Oke's Fishery Laws. Fourth Edition. By Hubert body having power to levy rates, the approval
Hull, of the Inner Temple. Butterworth & Co.
Price 20s. net. of the Minister of Health has to be obtained.
Chitty's Annual Statutes. Vol. XXII. Part I. Con. INCOME TAX ON CASUAL
taining Statutes of Practical Utility passed in INTEREST.-In
1923. By W. H. Aggs, of the Inner Temple. connection with the short article under the
Sweet C Maxwell Ltd. and Stevens & Sons Ltd. above heading in our last issue (p. 74), the case
Price 16s. net, Inland Revenue v. Forrest's Factor is not yet The Law Relating to Lunacy. By Sir Henry Studdy reported.
Theobald, K.C., lately a Master in Lunacy.
Price 42s. net. MR A. C. CAMPBELL WHYTE, M.A., LL.B., The Elements of Jurisprudence. By Sir Thomas solicitor, intimates that he has commenced Erskine Holland, K.C. Thirteenth Edition. business on his own account as a solicitor at The Clarendon Press
Price 148. net. 36 George Street, Edinburgh.
Digest of Vols. I.-X. of Lloyd's List Law Reports.
(Michaelmas Sittings, 1919, to Hilary Sittings, MESSRS J. & H. PATTULLO & DONALD,
1922.) Edited by Charles W. Muir, of the Inner solicitors, 1 Bank Street, Dundee, intimate that
Temple, and R. Unwin Davis, of Gray's Inn.
Lloyd's. they have assumed as partners Mr Roualeyn William Matthewson, solicitor, and Mr James Chief Justice Sir William Bereford. By W. C.
Bolland. Lawrie M-Kerchar, solicitor, who have for
With an Introduction by the Right
Hon. Sir Henry Duke. Cambridge University some years been associated in the conduct of
Price 2s. 6d. net. the business. The firm name remains un
The Secretary and his Directors. By Herbert W. changed.
Jordan and Stanley Borrie, Solicitor. Sixth
Edition. Jordan & Sons Ltd. Price 2s. 6d. net. The death is announced at 10 Belmont Private Companies : Their Utility and the ExempStreet, Hillhead, Glasgow, of Mr Robert Harvey tions they Enjoy. By Herbert W. Jordan. Pirie, LL.B., senior partner of the firm of Eleventh Edition. Jordan & Sons Ltd. Messrs Pirie & Stewart, writers, Glasgow. He
Price 18. 6d. net.
in literature and travel. He was conversant THE LATE MR D. W. ROBB, S.S.C.
with many of the European languages and the
literature of various countries. Short holidays In the previous issue of this journal reference he spent tramping in Scotland; the longer was made to the sudden death which occurred vacations were occupied in travelling over on 11th April of Mr David Winter Robb, Europe and North Africa. S.S.C., information of which was received just
Mr Robb was endowed with an optimistic as the number was going to press.
This outlook, an irrepressible sense of humour, and premature and sudden removal of an out- a great joy of life. He had rare conversational standing figure in Edinburgh legal circles has powers, and was at home in any company. caused widespread regret.
A flow of allusion, incident, and jest was Mr Robb, who was born in 1864, was a son always at his command. With it all, he had a of the founder of the firm of George Robb & singular power of self-effacement. AssertiveCo., the well-known printers of the Court of ness and pushfulness in any form were foreign Session Reports. Whether owing to hereditary to his nature, and he had no love of publicity. influence or not, Mr Robb developed an Such gifts, combined with his ready tactfulness intimacy with the technique of printing and the and never-failing courtesy, led to his popularity press, a love of literature and knowledge of with men of varying views and temperaments. books in general, and an exceptionally extensive He was unique in the possession of a mystical and ready knowledge of case law. He was
He was charm of personality. No one of the large educated at the Royal High School and company which assembled Warriston University of Edinburgh, at which, respectively, Cemetery the other day could go from his grave he was a dux and a prizeman, and served his without feeling that the world would become a apprenticeship with Mr John Galletly, S.S.C., poorer and a duller place by his removal from it. still remembered by the older members of the Mr Robb leaves a widow, to whom the sincere profession as carrying on a large Court practice, sympathy of his many friends is extended. and for some years treasurer of the S.S.C. Society. On the death of Mr John Galletly, Mr Robb was assumed as a partner of the firm of J. & J. Galletly.
LEGAL EDUCATION IN SCOTLAND—II. As a practitioner Mr Robb was well equipped.
By W. H. MILL, S.S.C., Edinburgh. In Court of Session practice he was a recognised expert, and in practically all branches of pro- The recent changes in the issue of certificates fessional work he was held in high repute by the Scottish Education Department, as as a skilled lawyer. A rapid worker and a well as the issue of new regulations by the clear thinker, he seemed almost intuitively to C.A. Society making the Leaving Certificate take the judicial view of any question presented of the Education Department the standard to him. Few men, probably, were so much for entrance to that profession, afford grounds resorted to by professional brethren for assist- for considering the standard of entrance to the ance and advice-never asked for in vain. He profession of Law Agent. The present writer spared no trouble for others, and seemed to contributed an Article on this subject in the possess an equable temperament, never subject “Scots Law Times” of 4th February 1922. to doubts and difficulties. In at least three Certain proposals that are being submitted recent legal works. he gave valuable assist to the legal societies render it important
He possessed great facility in figures that there should be a clear understanding and in matters of finance. Ten years ago regarding the value of the certificates that he was appointed treasurer of the s.s.c. are now to be issued by the Scottish EducaSociety and collector of their widows' fund; tion Department, certificates of that and in these offices, as well as in his help Department are accepted as equivalent to and counsel in the business of the society, he a pass in the examinations under the Act, earned the high appreciation of its members. and are also taken as a standard of educaFrom his early days Mr Robb was interested tional equipment. The Intermediate Certifiin stenography, and outside the ranks of the cate, which has been accepted in place of the professional shorthand writer few men had such First General Knowledge Examination under & thorough knowledge, both theoretical and the Law Agents Act, will not be issued after practical, of the various systems of shorthand. this year. In its place there has now been His habitual use of this art probably helped established the Day School Certificate (Higher to explain his exceptional expedition in the and Lower). This certificate will be issued to despatch of business. The forms of recreation pupils who have completed a satisfactory more usually followed by the legal practitioner course of study in the new Advanced Divisions, did not appeal to him—he found his delight or in any continuing Intermediate Schools, in
both of which the provision aimed at is for of the country, with suitable equipment, for pupils over twelve years of age who will be an examination prescribed on these lines, and leaving school at fourteen or fifteen. In these no boy desirous of entering the legal, or any, schools the instruction given will be (1) English, profession need be prevented doing so. Certain including History and Geography ; (2) Mathe- proposals are at present being discussed which matics and Science; (3) Drawing and, it may provide a lower standard. The range of subjects be, one Foreign Language. For a two years' suggested is the same as for the Leaving Certificourse the Day School Lower Certificate will be cate, except that Italian and Spanish are not granted. For a three years' course the Day included among the modern languages for School Higher Certificate will be granted. The examination, which in these days shews surely latter certificate (Higher) might be accepted as a lack of discrimination. But there is a great the equivalent of the First General Knowledge difference in the emphasis placed upon certain of Examination, if this were to be continued. the subjects. In English, History, Geography, There is, however, general agreement that one Arithmetic, and Compulsory Latin, the Lower General Knowledge Examination should be Standard is only asked. It is only in two prescribed, and that it should be accepted as optional subjects that the Higher Standard is the educational standard for entrance to the required. If a candidate were to choose as profession. It is quite evident that, in such his optional subjects Greek and German, he circumstances, the test cannot be the standard would require to take these on the Higher of the First General Knowledge Examination Standard, although they have no relation to under present regulations. That would be to his profession; while in English, Arithmetic, lower the present standard for admission to the and Latin, which seem essential to the educaprofession. The Day School Certificate (Higher) tion of a professional man, he would only have must therefore be ruled out as a standard. to pass on the Lower Standard. Such proposals The only remaining certificate of the Scottish seem not only to be on a false basis, but only Education Department is the Leaving Certificate, produce confusion in the standard of qualificawhich“ testifies to the satisfactory completion tion. It is therefore urged that the opportunity of a well-balanced course of Secondary Educa- should be taken to put the legal profession tion suitable for pupils who leave school at alongside the other professions by adopting seventeen or eighteen years of age ” (Circular 62 the Leaving Certificate as the entrance test for of the Department). The subjects
The subjects of a apprenticeship, or an equivalent standard in Secondary course of Education are taken from any examination prescribed under the Law (1) English, including Literature and History ; Agents Act, or a pass at the Preliminary Ex(2) Mathematics, Science ; (3) Latin, Greek, amination of the Scottish Universities admitting four Modern Languages; (4) Art, Music, Applied to a graduating curriculum in Arts and Science. Science. For the Leaving Certificate it is pre- It might be desirable that the regulations scribed that pupils must pass on the Higher should specify which subjects are to be passed Standard in at least two subjects, and on at on the Higher Standard and which on the Lower least the Lower Standard in two others. One Standard. If so, it is essential that English of the subjects on the Higher Standard must be should be passed on the Higher Standard. English (including Literature and History), and In view of the proposal that there should be the other must be chosen from (1) Mathematics; now one entrance examination, and that, if the (2) Science; (3) Latin ; (4) Greek; (5) the standard of the Leaving Certificate is accepted, Modern Languages, French, German, Italian, the normal age at which this certificate may be Spanish. A pass in at least the Lower Standard taken, or an equivalent examination at that in Science or Mathematics, and in a Foreign standard may be expected to be passed, is Language, will, as a rule, be a condition of the seventeen or eighteen, it is worthy of consideraaward of any certificate. It is submitted that tion whether the period of apprenticeship this standard, and the course of education of should be continued at five years. This would which it is the test, is the only suitable entrance mean that, in ordinary circumstances, the Final qualification for entering any of the professions, Examination in Law cannot be taken at the and it is now the test for entrance to the Church, earliest before the applicant is twenty-two or Medicine, Teaching, and (by the most recent twenty-three. While it is not suggested that regulations) to the Chartered Accountant pro- this is too late an age for such examination, fession. By adopting this standard the pro- it does not seem to be quite fair that a youth fession of Law Agent is brought in line with should be still in his apprenticeship years at the other professions. Is there any reason why that age, with the probability that, being this standard should not be prescribed ? regarded as an apprentice, his work is not of Would its adoption be a handicap to any boy the experienced type which one of that age might in any part of Scotland ? The answer is that quite well claim should be given to him. There educational facilities are provided in all parts are other considerations which enter into this
question, such as the amount of salary which see that it is recruited by men who, at any rate, should be paid. In the whole circumstances, it have had some wide reading in the Law of seems desirable that the apprenticeship period Scotland. It is understood that the professors should be now limited to three years, or at any of Scots Law in our universities feel that the rate not to exceed four years.
instruction given by them in this subject is The question of an examination in Book- inadequate, on account of the subject being keeping, and the stage at which this should take treated in one session, and if it were provided place, is also a matter for consideration. It is that the instruction should be given in the difficult to understand the reason for the Book- course of two years, it is believed that the keeping Examination being made so much of a professors would welcome the division of their fetish, especially as a part of the General Know- subject into that period. ledge Examination. It is well known that candidates are coached specially for the examination, and immediately it is over forget anything that they have learnt. It is really of DEATH DUTIES ON SETTLED LEGACIES. no service for practical purposes, and, in any event, is not a test that the applicant is able to This is a subject which has received a great deal with such matters in his professional career. deal of judicial consideration in England, but In these days when finance and financial con- Dunn's Trs., decided by the Second Division on siderations enter so much into business life, 22nd March 1924, is the first case which has it seems to be a farce that the Law Agent is come before the Scottish Courts, which makes presumed to be acquainted with this side of the present a suitable occasion on which to business by merely being tested as to whether deal with the matter. It is true that we he can pass an examination in Book-keeping. are not in the habit of speaking of a settled It seems most desirable that a broader study legacy by that name, but the thing itself of accountancy and of commercial subjects is quite common in the wills of domiciled should form part of the training of a Law Agent. Scotsmen and Scotswomen. It is possible, Provision for this study is now supplied in the however, that in Scotland it is more common class of “ Accounting and Business Method ” than in England to find that a provision of that at the Universities of Edinburgh and Aberdeen, nature consists of a share of residue, or is given in the class on The Principles and Practice in the form of a direction to pay a sum of money of Accounting” at the Glasgow and West of to the trustees of a daughter's marriage conScotland Commercial College, and also at tract, to be held on the same trusts as the other Dundee. The law and practice with regard to funds and estate thereby settled, though in income tax, the procedure and requisites in the Dunn's case the provision took neither of these investigation of accounts of public companies, forms. In re Palmer ( 2 Ch. 391) in bankruptcies and liquidations, and the is a judgment of the Court of Appeal recognispractice connected with the preparation of trusting that the setting a part of funds by and executry accounts and the division of trust trustees in their own names, which is the estates, seem to the writer to be suitable for an usual Scottish machinery, has exactly the examination on the broader lines indicated, same effect as if the money had been handed and might form part of the final examination over or paid by the executors to separate in Law.
trustees. The matter has special importance There is one other matter to which the writer at present for two reasons. One is the political would again seek to draw attention, and that situation, with a definite announcement already is the curriculum of study in Law. In the fornier made of an intention to increase the rates of article referred to, it was advocated that this estate duty, a proposal which has received should be extended, and while still of opinion significant Conservative support in the correthat that is desirable, and that in time steps in spondence columns of the “ Times” newspaper. that direction will be taken, it is now suggested, The other is a definite curtailment of the as a preliminary at least to that end, that there English judicial view of the effect of such should be prescribed for all applicants a two clauses, as evidenced by two decisions of the years' course in Scots Law. The extent of this Court of Appeal, In re Wedgwood ( 1 Ch. subject is so great that it is impossible to do 601) and In re Beecham, decided so recently as justice to it in one year's course of lectures, and 4th December last and reported in 68 Solicitors' it must be with an infinitesimal amount of Journal 208. knowledge of the subject that every Law Agent The difficulty arises with reference to death starts upon his career, badly equipped for the duties which may be attracted by the trusts of many questions that await him to deal with a will, but which are payable, not on the No doubt practice in the end makes the best testator's death, but on subsequent events, professor, but it is the duty of the profession to such as the deaths of successive liferenters.