.

of Acton J. Then, on the last day of last term terms he proposed in connection with a purchase (31st July), in an appeal from the Bloomsbury for a client, and it was decided under question County Court (Gidden v. Mills, [1925] W.N. 218), (2) to take no action. judgment was delivered by Salter J. and Greer J. Criminal Appeal Court.-Regarding the resoludirectly contradicting the previous decisions of tion passed at the last special meeting of the the Divisional Court and of the Court of Appeal Society, the secretary sent a copy of that resoluof Northern Ireland. The grounds given by the tion to the secretary of the committee dealing learned judges for this decision is that “ the with the matter, and received an acknowledgobstacle to the making.of an order for possession ment. did not arise out of the defendant's rights, but Housing Acts Rents Restrictions. The secreout of the privileged position of the person in tary duly forwarded a copy of the resolution actual possession.” The explanation of this passed at the last general meeting of the Society state of contradiction must be that neither of to all the gentlemen named therein, and rethe two earlier cases was ever brought to the ceived replies from them all acknowledging notice of the learned judges. Neither case is receipt. referred to in their judgment.

Sasine Office. Mr Fortune submitted a report The lists for this term shew a decline in to a meeting of Council shewing that the imalmost

every form of action. Since Michaelmas provement in the earlier return of recorded 1924 cases in the Chancery Division are down deeds had been maintained and that the minute from 530 to 381; in the Probate, Divorce, and book for Edinburgh is also well up to date, Admiralty Division from 957 to 714; and in the but stated that the only unsatisfactory feature King's Bench Division from 1385 to 1204. At is the increased cost in running the Register the same time it should be noted that in the House; and Mr Fortune and the secretary saw jury list of the King's Bench Division, cases Sir James Adam, K. and L.T.R., on the question set down in the early part of March are not as to whether or not it was possible to get a yet reached, and in the non-jury list matters reduction in the fees on recorded deeds. Sir are pretty much the same.

James Adam promised to give the matter his support.

Discipline of Law Agents. At a meeting of SOCIETY OF PROCURATORS OF the Council the secretary was instructed to MIDLOTHIAN.

write to Mr James Kidd, M.P., and Mr W.

Graham, M.P., suggesting that the Bill hereon The annual general meeting of the Society puts too much responsibility on one person, of Procurators of Midlothian was held on namely, the Lord President; and that the Bill 30th October 1925, when the following office should contain a clause stating that the Lord bearers were appointed : President-Mr George President should appoint the Committee on Dunlop; Vice-President-Mr Rutherford For- Discipline from the nominees of the various tune; Treasurer-Mr R. D. C. MʻKechnie; legal societies in Scotland. The secretary reLibrarian-Mr Lindsay C. Steele; Secretary and ceived a reply from Mr Kidd stating that he had Fiscal-Mr Peter Clark; Members of Council discussed this matter with Mr M'Intyre and -Mr A. Constable, Mr T. J. Connolly, Mr Dr Drummond Shiels, and that they were all William Brotherston, Mr W. C. Kerr, and Mr of opinion that to have nominations by one Andrew A. Gibb.

society would involve freedom of nomination The full report of the Council was submitted to all, including county faculties. Since then, as follows:

as you are aware, the Bill has been dropped. Since the last special general meeting of the Royal Infirmary Doctors' Reports.-Mr Sterling Society, which was held on 6th March 1925, Craig, S.S.C., raised the question whether or not your Council have dealt with the following it would be possible to get reports from infirmary matters :

doctors without payment of a fee, and the Re Preparation of Corporation Mortgages secretary was instructed to ascertain from the under Small Dwellings Acquisition Acts.—The Glasgow Society what their practice was, and following questions were considered: (1) As to he was informed that the usual fee was £1, 18.; whether the town-clerk should be approached and it was agreed by the Council to do nothing as to the agent for the purchaser taking up the further in the matter. making or drawing of bonds; and (2) the ques- Poor Lar Agency.--The Glasgow Law Society tion as to whether the town be approached as to suggested that your Society should act along increasing the interest on bonds from 41 per cent. with the Juridical Society of Glasgow and the to 5 per cent. Both questions were discussed, Scots Law Society, Edinburgh, in endeavouring and the secretary was instructed to write to to procure a reformation herein, but it was the town-clerk supporting a letter which Mr agreed to do nothing in the matter. Fortune had written to the town-clerk with the Untried Prisoners-Whether they should be brought into Edinburgh the Day before Plea is

NEW DEPUTE-CLERK OF SESSION. taken.—Mr Lindsay C. Steele raised this question and the secretary wrote to the Prison THE King has been pleased, on the recomCommissioners, and in reply received a letter mendation of the Secretary for Scotland, to stating that it was impossible to arrange for approve the appointment of Mr William Harris untried prisoners being brought to the Central Ford, at present Keeper of the Rolls in the First Police Station, Edinburgh, the day before the Division of the Court of Session, to be Deputeplea is to be taken under the 31st section of the Clerk of Session in the Inner House, in place Criminal Procedure Act, 1887.

of Mr John Paton, resigned. Lawyers as Bankers.-A letter was received Mr Ford, who is a native of Forfarshire, from the Scottish Bankers' Association, Glasgow, served his law apprenticeship with the late complaining of lawyers being appointed bank Mr Inglis, of Messrs Inglis, Orr & Bruce, W.s., agents, and asking the co-operation of your Edinburgh, and duly qualified as a law agent. Society to bring to an end the present system In 1903. he received an appointment in the of appointment of law agents as bankers. Crown Office, transferring in 1909 to the Lord After discussion it was agreed that the Council Advocate's Department in London. In 1913, cannot see their way to interfere in the matter. when Lord Strathclyde succeeded Lord Dunedin

Departmental Committee on Messengers-at- as Lord President of the Court of Session, Mr Arms and Sheriff Officers (Scotland).—The com- Ford became his clerk and Keeper of the Rolls, mittee hereon was resuscitated for the purpose and he has continued to act in the same capaof enquiring further into the position, and a city under Lord President Clyde. memorandum relating to the extended enquiry M. Ford's industry and courtesy are well was produced. The matter was remitted to known to those whose business takes them to Mr Bryson and Mr Connolly to be dealt with, Parliament House, and all will join in wishing with powers to answer the queries in said him the success in his new office which his memorandum. These two gentlemen have an- merits surely deserve. swered the queries in said memorandum.

Sheriff Court Records.-A request from the secretary to the Committee on Sheriff Court

LAW AGENTS' EXAMINATIONS. Records was received, asking whether this Society desires to express its views before the The quarterly Examination in Law was held Committee, and if so, to send the name of one by the Examiners of Law Agents in Edinburgh representative whom the Society may select to last week, when 30 candidates presented themgive evidence before the Committee. The selves for examination. Of these 18 were Council

, however, did not know of anyone examined in all the subjects and 12 passed ; and sufficiently versed in the matter to give 12 graduates in law holding the degree of LL.B. evidence.

or B.L. of the Scottish Universities were Mulvenna v. The Admiralty—Question as to examined in Court Procedure and 11 passed. Arrestability of a Government Servant's Wages. The following are the successful candidates, As you are aware, this case was decided in viz. : Norman James Campbell, Kilmarnock; favour of the Admiralty, and it was decided to David Gordon Cochran, B.A., LL.B., Aberdeen ; make an appeal against the interlocutor of Edwin James Cormack, Bucksburn, AberdeenLord Constable in the case. A reclaiming shire; Thomas Colin Donald, B.Sc., B.L., note accordingly was lodged, and it was also Glasgow; George Donaldson, M.A., LL.B., arranged to endeavour to get Mrs Mulvenna Glasgow; William Lovat Fraser, Tranent; placed on the Poor's Roll. Mrs Mulvenna has Ian Sands Galbraith, B.L., Glasgow; Robert since been admitted to the Poor's Roll, but Angus Galloway, B.Sc., Edinburgh; Fergus the reclaiming note has not yet been heard. Dunnet Halcrow, Edinburgh ; Francis Sinclair The case is at present before the Second Johnston, Edinburgh ; John Graham Kerr, Division.

M.A., LL.B., Port Glasgow ; Alastair Greenlees
MacKelvie, Edinburgh; Alexander Lawrence

Mackie, Aberdeen ; William Ross M‘Lean, AMONGST the list of recent passes for the M.A., LL.B., Glasgow ; Alexander Birch LL.B. degree we observe that Mr William MʻLetchie, M.A., LL.B., Glasgow; Margaret Miller, H.M. Inspector of Taxes in Edinburgh, Barr Bryson Mitchell, M.A., LL.B., Glasgow; has now completed his LL.B. degree.

George Moodie, Edinburgh; Francis Walter Despite the heavy burden of official duties, Oakley, M.A., LL.B., Edinburgh ; Bella Hay Mr Miller graduated M.A. in 1923 and LL.B. Patrick, Anstruther Wester; Thomas Cunningin 1925, and is, we understand, the only In- ham Shanks, Alloa ; Andrew Sneddon Bennie spector of Taxes in Scotland who has the latter Stewart, M.A., LL.B., Glasgow ; Ludovic Mair degree at the present moment.

Stuart, B.L., Glasgow ; Jean Vetch, Edinburgh.

a

A COURT OF CRIMINAL APPEAL FOR SCOTLAND. THE LATE SHERIFF MACLEOD.

-The Right Hon. Lord Alness, Lord JusticeMr Hector Macleod, advocate, a former Clerk, delivered the inaugural address for the Sheriff-Substitute of the Lothians and Peebles, session 1925–26 of the Scots Law Society in has died at Bournemouth. Mr Macleod retired the Constitutional Law and History Classroom, from his legal duties in 1923, and at that time Edinburgh University, on Monday evening last went to live at Jersey, later taking up residence –Mr J. C. Fenton, K.C., presiding over a large at Bournemouth. He was in his seventy-third attendance.

Lord Alness, whose subject was “A Court of year.

For many years Mr Macleod was a well-Criminal Appeal for Scotland,” gave a most known and popular personality at Edinburgh interesting discourse on this question, which is Sheriff Court. A native of Inverness, Mr at present very much in the public eye. A full Macleod received his early education at the report has appeared in the daily papers, and it Academy and High School there. Later he is hoped that his Lordship's criticisms and

sugstudied at the High School in Edinburgh, and gestions will accelerate a solution of this difficult graduated Master of Arts at Edinburgh Uni- problem. versity. He was admitted to the Faculty of Advocates in 1878, and two years later took up

MESSRS HUGH MITCHELL, F.S.A.(Scot.), Pitan appointment as Puisne Judge of the Gold lochry, and Mr John B. Miller, Blairgowrie, Coast Colony. In 1888 he was compelled for two well-known Perthshire solicitors, have been health reasons to return to Scotland. For some honoured by the Society of Procurators and time he took a prominent part in Unionist Solicitors of the City and County of Perth on politics, until he was appointed Sheriff of the attainment of their professional jubilee, Linlithgow, later becoming Sheriff-Substitute and presented with beautiful illuminated adat Edinburgh, in connection with which he dresses. Ex-Lord Provost Macnab, president,

. also undertook the Haddington Circuit.

who 'presided at the meeting of the Society, Mr Macleod leaves a widow, a daughter, and held in the Library, County Buildings, Perth, a son who is in the Indian Civil Service.

made the presentations. The occasion, he said, was a unique one, and he believed he was right in saying that that was the first time in the

history of the Society on which such a presentaGLASGOW WINTER CIRCUIT, 1925.—Monday, tion to members had taken place. In the past 21st December 1925, at eleven o'clock. Plead-only four other members of the Society had ing Diet—Friday, 11th December 1925. Service attained their jubilee, these being Mr A. G.

- Friday, 4th December 1925. The Right Hon. Reid, Auchterarder; Mr John M. Miller, Perth ; the Lord Justice-Clerk and the Right Hon. Lord Mr Melville Jamieson, Perth; and Mr John Murray. Alexander Maitland, Esq., Advocate- Thomas, Perth. It was only fitting that the Depute; Messrs Alexander Rae and V. S. M. Society should recognise the legal attainments Marshall, Clerks.

and unqualified success and high position in

the profession attained by Mr Mitchell and Mr HIGH COURT OF JUSTICIARY, ABERDEEN. Miller. (Special Sitting.) Aberdeen-Tuesday, 24th November 1925, at half-past ten o'clock. T. C. YOUNG, writer, 103 Bath Street, Pleading Diet - Saturday, 14th November. Glasgow, has assumed as a partner his son, Service-Saturday, 7th November. The Hon. T. C. Young, jun., B.A., LL.B.(Cantab.). The Lord Anderson. Lord Kinross, Advocate- firm name is T. C. Young & Son. Depute; Alexander Rae, Esq., Clerk.

THE death is announced of Mr David Wardlaw HIGH COURT JUSTICIARY, STIRLING. Brown Tait, W.S., Kelso. Mr Tait was a son —(Special Sitting.) Stirling — Monday, 7th of the late Mr James Tait, W.S., Langrigg, December 1925, at eleven o'clock. Pleading Berwickshire, and Edenside, Kelso. For many Diet - Friday, 27th November. Service years he was associated with his father in Friday, 20th November. The Right Hon. Lord business and in the agency of the National Bank. Murray. Alexander Maitland, Esq., Advocate- Mr Tait, who also succeeded his father as Baron Depute; Alexander Rae, Esq., Clerk.

Bailie of Kelso, had carried on since his father's

death an extensive law business and bank FACULTY OF ADVOCATES.—Mr William Ewart agency. In addition to having a seat for some Dodds, B.A.(Oxford), LL.B.(Glasgow), and Mr time on Kelso Town Council, he held numerous Hector M'Kechnie, B.A.(Oxford), LL.B.(Glas- important appointments locally. He was clerk gow), were admitted to the Faculty of Advocates of the Kelso District Committee of the County on 6th November.

Council since its formation, secretary of the

OF

United Border Hunt Steeplechase and the for which the author deserves the thanks both
Duke of Buccleuch's Hunt, and of the River of the lawyer and the historian.
Tweed Commissioners. Mr Tait also acted as
secretary of the Kelso Golf Club and the Union
Poorhouse Committee. He was also connected

A Treatise on Private International Law, with with the Kelso Library, and took great interest

Principal Reference to its Practice in in all sports and pastimes in the district. The

England. By John Westlake, K.C., LL.D.

Seventh Edition by Norman Bentwick, deceased gentleman was unmarried.

Barrister-at-Law. 1925. London : Sweet & Maxwell Ltd. Price £1, 7s. 6d. net.

DECISIONS IN THE ENGLISH Within six years of the publication of the
COURTS.

sixth edition it has been thought necessary to

produce another edition of Professor Westlake's Barnard v. Evans.

well-known work on International Private

Law. In that short period a considerable JUSTICIARY-STATUTORY OFFENCE-PROTEC- body of new case law has appeared in the TION OF ANIMALS ACT, 1911 (1 & 2 GEO. V. CAP. English law reports, as well as several im27), SECTION 1-CRUEL ILL-TREATMENT—SHOOT- portant authoritative decisions of the House of ING A DOG. A labourer, seeing a dog in a field Lords and the Judicial Committee. It would belonging to his employer, shot at and wounded have been interesting to have the criticisms it. The justices found (1) that he intended to of Professor Westlake on some of these recent kill it, (2) that substantial suffering was caused decisions, for he was much less an exponent to the dog, and (3) that it was not necessary to of the law as declared by the Courts than use a shot-gun to drive the animal out of the a philosophical jurist, whose aim was to field. Held that the labourer ought to be expound what the law ought to be, and for convicted. K.B. Div. (Lord Hewart C.J., and whom there was no special sanctity about a Avory and Shearman JJ.).——28th July 1925. bad judgment of a Court. It will always be as (Cf. Jack v. Campbell, 8 R. (J.) 1, and Protection a critic rather than an expositor that Westlake of Animals (Scotland) Act, 1912 (2 & 3 Geo. V. is entitled to his reputation; and unfortunately

that element in this book diminishes with the issue of succeeding editions.

cap. 14).)

Ву

LAW LIBRARY.

Municipal Audits and Finance. The Accoun

tant Students' Library, Vol. VIII. BOOK NOTICES.

J.H. M'Call, F.S.A.A., etc. 1925. London:

Gee & Co. (Publishers) Ltd. Price 7s. 6d. A Manual of Year-Book Studies. By William

net. Craddock Bolland, LL.D. 1925. Cambridge: University Press. Price 12s. 6d.

This book is something more than a students' net.

text-book for accountants. It contains a dis

cussion of the problems of municipal finance The scholarly work which has been done in which warrants us in recommending it to all recent years in the study and elucidation of Local Government officials concerned with the early English law redounds to the credit of the financing of Local Government. profession and the universities. In connection with the important topic of the Year Books Dr Bolland has already made a unique position A Popular Handbook of the Law of Bankruptcy for himself. Those curious beginnings in the in Scotland. By Wm. Elder Levie. Second art of law reporting have derived from him a Edition. 1925. Edinburgh and Glasgow :

. meaning and interest even for those who are not Wm. Hodge & Co. Ltd. Price 6s. net. qualified to study the originals. But in this volume Dr Bolland undertakes to help the This popular exposition of the Scottish law student not only to understand the content, of bankruptcy has won its way to the approbabut to master the manuscript of the Year Book. tion of students by its clearness and simplicity Selected facsimile reproductions of the manu- of style. A subject full of intricacy and techniscript, with transcriptions and explanations, cality has been rendered plain to the many help the reader to commence the study of the students of accountancy and banking, as well original sources for himself; and the author's as to many commercial men. In its new edition, account of the origin and history of the Year in which the legal authorities are somewhat more Books is a contribution to historical scholarship, fully cited, it is sure of an equal welcome.

THE

ACT OF SEDERUNT FOR REGULATING THE PROCEDURE RELATING TO

PREPARATION, ISSUING, ADJUSTMENT, AND CUSTODY OF TEIND ROLLS UNDER THE CHURCH OF SCOTLAND (PROPERTY AND ENDOWMENTS) Act, 1925.

[Edinburgh, 28th October 1925.] THE Lords of Council and Session, in pursuance of the powers vested in them by the Act of Parliament 15 & 16 Geo. V., c. 33, entitled " An Act to amend the law relating to Teinds and to the Stipends of Ministers of the Church of Scotland and the tenure of the Property and Endowments of that Church, and for purposes connected therewith,” Enact and Declare as follows, viz. :1. A teind roll of a parish shall be prepared on application to the Court of Teinds

а. by Petition at the instance of the Church of Scotland General Trustees.

2. The Petition may be presented at any time after the date of standardisation of the stipend of the parish provided that:

(a) a final decree of locality following upon any application for an augmentation of stipend under section 10 of the foresaid Act has been pronounced ; or

(b) the time within which proceedings under section 10 (2) of the foresaid Act may be taken has expired; or

(c) the General Trustees state in the Petition that it is not intended to make any application under section 10 of the foresaid Act. 3. The Petition may be in the form of the Schedule hereto annexed.

4. All Petitions shall be enrolled in the Teind Motion Roll of the Lord Ordinary for an order for intimation. It shall be sufficient intimation to all parties concerned that a copy of the Petition be af red to the most patent door of the church of the parish to which the application applies on two successive Sundays before the diet of public worship on each of these days, and a notice intimating the Petition be inserted in the Scotsman newspaper, and in a newspaper circulating in the county in which the parish referred to in said notice is situated, once a week for two successive weeks in each of such newspapers, provided always that the Lord Ordinary may make such other or further order regarding intimation as he may consider to be necessary or expedient in the circumstances of the case.

5. After the period of intimation ordered by the Lord Ordinary has expired, the Petition may be enrolled for an order as follows, viz. :

(a) If a state of teinds has been lodged with the Clerk of Teinds by the titulars or heritors, for a remit to the Clerk to prepare a teind roll.

(6) If no state of teinds has been so lodged (and unless an application under paragraph 6 hereof shall be granted), for an order on the heritors to meet and choose a common agent, and to lodge a state of teinds within a time to be specified in such order, and upon such state of teinds being lodged for a remit to the Clerk to prepare a teind roll.

6. On enrolment under paragraph 5 hereof, the petitioners or any heritor or titular may apply by motion to dispense with the appointment of a common agent and also (if the circumstances justify that course) with the preparation and lodging by the heritors of a state of teinds.

7. In any case in which application is made to dispense with the appointment by the heritors of a common agent the Lord Ordinary may by interlocutor make such orders with regard to the conduct of the process as he may think just and expedient, and may require as a condition of granting the application that the party applying shall make such provision as to the Court may appear just and sufficient for the payment of the fee fund dues, including the expense of preparing the teind roll.

8. In any case in which the preparation and lodging of a state of teinds by the heritors is dispensed with, the Lord Ordinary shall remit to the Clerk of Teinds to prepare and lodge a teind roll according to the state of the teinds as disclosed in the last locality process.

9. The procedure for the appointment of a common agent shall be the same mutatis mutandis as for the appointment of a common agent in a process of locality.

10. After the teind roll has been prepared the clerk shall print and report the same to the Lord Ordinary, who shall take the roll into consideration and shall make such order as he shall think fit with respect to intimation of the roll by advertisement or on the church door or otherwise (including where necessary an order on the