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word is derived from annus a year, and from ANN.
annatoe the first fruits of vacant benefices By WM. YEAMAN.
exacted by the Pope. These fruits appear to
have been a full year's rent. When one was acquiring a knowledge of the The first Scottish statute which mentions principles of Scots law, or as much knowledge annat is 1547, cap. 4, and the way in which it as would satisfy the requirements of the law is referred to leads one to conclude that it was examiners, it was gleaned from the text-a familiar exaction requiring no explanation. books what Ann stands for. After the first Annat is again referred to in the Act 1571, exhilarating effects of baving been found duly cap. 41. By these statutes it is declared that qualified to practise their profession had passed the fruits of the benefice then on the ground off, many students no doubt resolved that they with the annat thereafter and the next prewould make further research into many subjects sentation to the benefice were to pertain to the so as to ascertain for themselves the foundations next-of-kin of churchmen killed in the service for the propositions in the text-books. They of their country in the wars with England. probably found, however, that it was necessary These Acts imply the power to set aside the to concentrate on current practical problems pontifical right. and to relegate to the shelf those subjects on The old form of annat was put an end to by which they had promised themselves further 1587, cap. 26, which declares that the benefices enlightenment. The Church of Scotland which under prelacy were subject to first fruits (Property and Endowments) Bill, which is at and a fifth penny were thereafter to be free. present engaging the attention of Parliament, Following on that Act and a recommendation and particularly section 9 thereof, making by King James VI. (who welcomed every provision for the abolition of Ann, has reminded opportunity of interfering in ecclesiastical the writer that he had pigeon-holed Ann for matters) to the bishops to make an ordinance investigation, and the present seems a con- that the half of the year's benefice next ensuing venient time for bringing before students of the incumbent's death should belong to his law a subject which has concerned the widows, widow and children, there are a number of children, and next-of-kin of ministers of the decisions of the Court of Session recognising Church of Scotland for many centuries, but the right of widows and children and next-ofwhich is now threatened with extinction. In kin to ann, but the amount thereof does not a short time it will probably be merely of seem to have been precisely fixed until the antiquarian interest.
Act 1672, cap. 13. One of its purposes was to If the name Ann" had appeared as a title limit the ann to a half-year's stipend, and to in a magazine of light literature, it would have put an end to certain anomalies which had up been necessary to use imagination in order to that time existed regarding how much to describe the character of someone exuding stipend ann should cover. Prior to the Act femininity, and readers would have expected the the provision of ann extended in some instances story to be embellished with a few artistic to. a whole year's stipend subsequent to the sketches portraying the moods and modes of date when the deceased minister ceased to
With the title “Ann" standing out have right to stipend proprio jure. From the prominently in a responsible law journal, the date of the Act, therefore, the name “ Ann, subject must receive serious treatment, and strictly speaking, would appear to have become imagination (if one is endowed with such a gift) a misnomer. must be suppressed. Nothing more exciting The Act 1672, cap. 13, provides that “in all can be referred to for material than Acts of cases hereafter, the ann shall be an half-year's Parliament, the works of the institutional rent of the benefice or stipend over and above writers, the reports of decided cases, and the what is due to the defunct for his incumbency; books of writers on Parochial Law. The which is now settled to be thus, viz. : If the necessary delving into authorities having been incumbent survive Whitsunday there shall performed, or in the language of Shakespeare, belong to them for their incumbency the half many books having been turned over, so that of that year's stipend or benefice and for the the proper atmosphere might be obtained, one ann the other half; and if the incumbent feels compelled to write to the press in order survive Michaelmas he shall have right to that to bring one's researches to fruition, seeing that whole year's rent for his incumbency, and for the legal profession have not hitherto expressed his ann shall have the half-year's rent of the a desire for legal articles being communicated following year, and that the executors shall by wireless.
have right thereto without necessity or expense The origin of the word Ann or Annat or of a confirmation." Annatine has given rise to much controversy. The statute declares not what the law was It is apparently safe to assume that the formerly, but what the law was thereafter to
be with reference to the minister's right to
NOTES FROM PARLIAMENT HOUSE. stipend and his executors' right to ann. The use of the word executors is misleading. The Summer Session is already well on its It must be kept in view that the Act speaks way. So far it has been no
So far it has been no more glorious about a half-year's rent over and above what than other recent Summer Sessions, either in is due to the deceased for his incumbency, thus weather or in work. Assembly week usually shewing that ann does not belong to the defunct provides us with a few fine days before the and is not, in fact, in bonis of him. The summer finally breaks, but this year it has executors administering his own estate, there failed to do even that, and the authorities might fore, cannot administer ann as part thereof, and consider the propriety of postponing these ann cannot be assigned or bequeathed by the functions to late October or November, which minister or attached for his debts. Ann can nowadays seem to provide our finest weather. only come into play after the minister's right The danger in that case might, of course, be to stipend has terminted by his death. It is overlapping with the election season.
As to not payable where the minister has demitted the volume of work, the First Division began his charge or been deposed. Stipend is payable the Session with a total of 43 cases, made up to the minister in respect of his duties as in- by 15 Summar Roll, 21 Short Roll, and 7 Long cumbent, and the proportion of stipend, which Roll; the Second Division with a total of 82 in terms of the Act of 1672 vests in him, is his cases, made up by 14 Summar Roll, 65 Short own property, which he can assign or dispose Roll, and 3 Long Roll. The apparent preof by his will. But ann is a legal gratuity ponderance of the Second Division has already payable in terms of decisions before the Act to vanished by the withdrawal from the Rolls of
minister's widow and children, and failing fully half the cases, which were those arising them, his next-of-kin. They are the execu- from the “Rowan" collisions; the reclaiming tors to whom the Act refers.
notes have been withdrawn, and thus about a The division of ann is as follows: When the third of the Court's apparent work vanishes at one minister leaves a widow and a child or children, fell swoop. The Lords Ordinary have slender the ann divides into two shares; the widow Rolls, and the regrettable tendency to settle takes the one share and the child or children still continues. Ninety-two new the other. If there is only a widow she must called in the Vacation, of which 41 were of the share the ann equally with the next-of-kin. consistorial variety. In order to strike a more If there are children and no widow, the children cheerful note, it may be mentioned that on at least get the whole. When the deceased minister one afternoon in May the Lords Ordinary were
ves neither widow nor children the ann is all still sitting at 3p.m., for the reporters on Probadivided equally among the next-of-kin. bilis Causa had to dispense justice in the Justi
Ann is payable out of all stipends whether ciary Court Room. Old-established practitioners payable in money or victual, and is exigible in can perhaps inform us if this has ever before been town charges. It vests without confirmation, known within the memory of living man. for confirmation is the method the law has The committee, which was appointed by the appointed for perfecting titles to the moveable Secretary for Scotland to consider the advisaestate belonging to the deceased in the person bility of a Court of Criminal Appeal for Scotland, of his next-of-kin.
has reported in favour of the establishment of It is interesting to note that the right of ann, such a Court, and legislation to that effect will as that term is now understood in Scotland, was doubtless be introduced in due course.
А. borrowed by us from Germany after the Re- little delay may supervene if the Faculty's formation. In some parts of that country it request for a Royal Commission to examine into was the custom that the widow and children and report upon Court of Session procedure is of a defunct minister receive half a year's salary granted. Legislation would be sure to follow of grace in addition to what the minister had on the labours of such a Commission, and reforms earned for himself, and the motive for this was so important in the working of our Courts might gratitude to the deceased minister. In other well be considered together. Meantime, it parts of Germany it was the rule to allow a seems to be thought that reform may yet be year's grace for the widow and children, and to brought about without the intervention of a secure this the church was kept vacant for the Royal Commission at all; that if all our legal year and the cure served by a neighbour. societies act together and reach an agreed-on
scheme of reform, our house may yet be set in W. S. SOCIETY.—Mr James Watt, W.S., has order without the Legislature's assistance, been appointed Treasurer of the Society in room which is notoriously a double-edged weapon. of Mr John Cowan, W.S., who has resigned after It is extremely doubtful, however, if such a long period of service and to whom the Society action could ever produce more than the has sent a cordial greeting.
proverbial bread poultice where a surgical opera
tion is required. It is at least to be hoped, from the dictionary in question. It is notorious and one can well believe, that no sectional that in these matters we merely follow the advantage will be sought or anything else United States, and the editor of this paper will considered than the general efficiency of the only be taking time by the forelock if he offers a legal machine. In the state to which litigation set of Court of Session cases for the best crossin Scotland has sunk, speed is the prime essential word puzzle dealing with constructive conto be sought, alike in the reformed machine version, and £5, 58. a week for life to the sender and in the deliberations which are to evolve it. of the first correct solution. We must be prepared to sacrifice some of the Referring to a recent "scene" between judge cherished niceties of our pleading, and to look and jury in the King's Bench Division, the on the work of the Courts rather as (what it Law Journal” makes the following comments: should be) a method whereby the lieges can “ Assuming that the judge was right and the have their disputes settled with expedition and jury was wrong, we venture the submission, certainty than as (what it is) an opportunity even so, that these too frequent misunderof airing the refinements of academic subtleties standings must be attributed to a fault in the at the expense, first, of the unfortunate client handling by the presiding judges of their juries; and, latterly, of the legal profession itself. Mr and, at any rate, we very much doubt if the Jerome K. Jerome wrote of one of his editors former are warranted in the public condemna
man who had had experience of the law, tion of the latter, which tends to become a habit. and his principle was always to avoid it.” This It may be conceded that juries are, for the most experienced litigant would say: "If a man part, stupid, recalcitrant, pig-headed, or what stopped me in the street and demanded of me you will; the fact remains that some judges my watch, I should refuse to give it to him. invariably have good juries, and other judges If he threatened to take it by force, I feel I invariably have bad juries. It is very nearly should, though not a fighting man, do my justifiable to go even further and to suggest that best to protect it. If, on the other hand, he the good judges are always provided with the should assert his intention of trying to obtain good juries, and the bad judges are always it by means of an action in any Court of law, provided with the bad juries. But, again I should take it out of my pocket and hand it assuming that our suggested view is entirely to him, and think I had got off cheaply." untenable, it is obvious that the nation, which There is a moral lurking here for all of us. constitutes the jury, is not likely to change its
The Church of Scotland (Property and habits or its methods. There is no alternative Endowment) Bill has passed through both but that the judges should do so." The journal Houses of Parliament, and the way has thus tactfully leaves unmentioned the other alterbeen made clear for Church Union with all its native, that of changing the judges ! While important consequences to the people of there is no doubt a good deal of truth in this, it Scotland. Men of all parties are united in is rather going to extremities to suggest that the testifying to the skill and tact displayed by the ability of a judge is to be measured entirely by Lord Advocate in piloting the Bill through the his success in extracting from juries the verdicts stormy waters of Scottish Grand Committee. he wants. It is undoubtedly the criterion of a He started with the advantage of knowing his good jury judge's ability. But, of course, jury subject thoroughly, and has won universal praise trials play a far more important part in England by his firm and yet conciliatory attitude to his than they do with us, and a judge's methods in opponents. Even the Bill's most inveterate dealing with one are apt to loom larger in the
could scarce forbear to cheer." judicial life. Certainly an experienced judge A recent number of the “ Law Journal” takes should seldom be unable to lead a jury to view notice of the publication in these columns of the matters from his standpoint. To take one Cross-Word Puzzle Restriction (Scotland) Bill, notable instance in Scotland, it must have been and after reproducing parts of the text expresses very seldom that Lord Justice-Clerk Macdonald the fear that "the cross-word puzzle habit is did not get from juries in criminal trials exactly becoming too strong for Parliamentary control.” the verdict he wanted; and yet the average The need for control of some kind is illustrated juryman who sat in his Court would certainly by the fact that the legal press itself has already have declared at the end of the day that the been invaded by the craze. From America judge had left the whole matter absolutely to comes a law paper containing a "Collegiate the jurymen's discretion. When jurors do Law Dictionary Cross - Word Puzzle Prize fall foul of judges they should be glad at least Contest.' Each solution of the puzzle shall that the days of summary punishment for be accompanied by an essay, not to exceed illogical verdicts are over. They might obtain 250 words, on the value of an adequate law further consolation from a consideration of dictionary to the law student." * All the De Tocqueville's glowing eulogy of trial by jury definitions in the puzzle are taken verbatim I as a “school which gives instruction gratuitously
and continuously, where each juryman can identifying the property to which the deed applies, learn his rights, where he mixes day by day with so far as the General Register of Sasines is concerned. the best educated and most enlightened of the
As regards the Burgh Registers of Sasines, I quite upper classes, where the laws are explained to understand that in some of them there are no search him in the most practical way and placed on the sheets and perhaps even no index of names, but even
without these I fail to see where Mr Anderson's level of his understanding by the efforts of difficulty can arise. He has always the books of the counsel, by the direction of the judge, and even register at hand, and all he has to do is to refer to by the passions of the parties.' So much free the bond itself, the names of the granter and grantee, education and social advancement should more and the date and date of recording of which are given than compensate for a few hasty words from the in the assignation or discharge, and all doubt will be Bench.
removed. At a recent examination in law in one of the
The shortened form of the assignation and disScots universities, a kindly disposed professor charge of bonds has, I am informed, been accepted
The was doing his best in the course of oral questions by conveyancers generally without demur. to help a rather lame candidate over the stile. be saved in recording them.
deeds are so much shorter that time and expense will He failed to elicit any response on some rather
Mr Fortune advises agents to continue to insert obvious topics, and then turned hopefully to in assignations and discharges descriptions of the new ground. Is there any way,” he asked, property, and he states that “this is the decided " by which illegitimate children can be made opinion of the searchers of the records, whose legitimate ?” The candidate sat dumb. experience of such matters is of first importance." Come along,” said the professor, have
Mr Fortune does not say who the particular searchers you never heard of legitimatio per subs per subse.. An answering gleam came
I hope therefore that the members of the prointo the candidate's eye.
of Messrs fession will not listen to the “ warnings
I know,” he inter- Fortune and Anderson, but that they will follow the posed with eager haste,“ subsequente copula." sensible course of availing themselves of the shortened History does not relate whether or no he passed, forms in the Act, and they need have no fear of the but surely he deserved success.
Letters to the Editor.
The Conveyancing (Scotland) Act, 1924. Sir,
The need being conceded, as beyond argument, of (Conveyancing (Scotland) Act, 1924.
differentiating between bonds liable to be confused, Mr R. Fortune, in your issue of 11th ulto., is not the remedy to specify in the discharge or warns the profession against the omission of the assignation the volume and folios of the Register of description of the subjects in assignations and dis- Sasines in which the bond has been recorded ? For charges under the new Act, and Mr J. L. Anderson of the purpose of differentiating, this is in some respects Cupar, in your issue of the 2nd inst., agrees with him.
a better expedient then even the describing of the As a member of the Lord Advocate's Advisory property, as it can never involve more than the Committee, who prepared the Bill, I can assure these addition of a few words. Its use is suggested by gentlemen that all the objections which they make to section 8 (3) of the Act.-Yours faithfully, the new forms were carefully considered beforehand,
WRITER TO THE SIGNET.” and that they were overruled. The possibility of two bonds by the same party in favour of the same party for the same amount and dated and recorded of the
KEITH, 21st May 1925. same date, is an exceedingly remote one.
It is con
Sir, ceivable that there may have been such bonds, but
Conveyancing (Scotland) Act, 1924. I have never encountered them in the course of an
Discharges of Bonds. experience in conveyancing perhaps longer and quite I am much interested in the letters which have as extensive as that of either of your correspondents. appeared on this subject and the cases quoted by
Should such a case arise it will be immediately Messrs Fortune and Sturrock. Might I offer a sugges. discovered when the minutes are being prepared, and tion that in discharges of bonds advantage should be the deed will be returned to the ingiver with a request taken of section 8, subsection 3, where provision is that the particular bond should be identified by made for the number of the volume and the folio on adding the book and folio of the register in which which the deed is recorded being given. If this it was engrossed.
were done, neither the officials nor the searchers Under section 49 (2) of the new Act the prepara- could go far wrong.-I am, etc., tion of the printed minutes and printed indices of
(Sgd.) WILLIAM ROBB. persons and places applicable to each county in Scotland is to be continued as before, and the Keeper
MESSRS JONATHAN of the General Register of Sasines is to supply as full
& Sons, information in the printed minute books as hitherto, writers and notaries public, have removed from according to the existing law and practice. These 196 St Vincent Street to 41 St Vincent Place, provisions form a safeguard against any difficulty in Glasgow.
Caldwell, B.L., son of the late Mr James EXTRA CIRCUITS.
Caldwell, jun., writer and county clerk, JUNE-JULY, 1925.
Paisley. The business will continue to be
carried on under the present name. WEST.-The Hon. Lord Skerrington and The The firm are erecting new offices at No. 14 Hon. Lord Constable. Glasgow, Monday, 22nd St James Street, Paisley (near the Sheriff Court June 1925, at eleven o'clock. Pleading Diet, Buildings), which they expect to occupy in Friday, 12th June 1925. Service-Friday, August. 5th June 1925. Lord Kinross, AdvocateDepute; Messrs Alexander Rae and V. S. M. Marshall, Clerks. NORTH.—The Hon. Lord Cullen and The
DECISIONS OF THE ENGLISH Right Hon. Lord Morison. Perth—Tuesday,
COURTS. 30th June 1925, at half-past ten o'clock. Pleading Dirt-Saturday, 20th June 1925. Service- Swedish Central Railway Co. Ltd. v. Thompson. Saturday, 13th June 1925. Dundee—Thursday, 2nd July 1925, at half-past ten o'clock. Plead- REVENUE-INCOME TAX—PERSONS ASSESSing Diet-Monday, 22nd June 1925. ServiceMonday, 15th June 1925. Aberdeen-Tuesday, RESIDENCE-INCOME TAX ACT, 1918 (8 & 9 GEO. 7th July 1925, at half-past ten o'clock. Plead- | V. CAP. 40), SCHEDULE D.-A company which ing Diet-Saturday, 27th June 1925. Service-worked a railway in Sweden was registered in Saturday, 20th June 1925. J. M. Hunter, Esq., the United Kingdom, and a committee of Advocate-Depute ; Messrs Alexander Rae and directors in London dealt with transfers and V. S. M. Marshall, Clerks.
operated on the London banking account of the company. The whole of the rest of the business
was managed in Sweden. Held that while the High COURT OF JUSTICIARY, INVERNESS. company had a residence in Sweden, it also had (Special Sitting.) Inverness — Tuesday, 9th one in the United Kingdom, and therefore was June 1925, at half-past ten o'clock. Pleading assessable under Case V. of Schedule D.Diet-Saturday, 30th May. Service—Satur- Decision of Court of Appeal affirmed.—House of day, 23rd May. The Hon. Lord Cullen. J. M. Lords.-13th March 1925. Hunter, Esq., Advocate-Depute; Alexander Rae, Esq., Clerk.
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