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their jurisdiction had not been superseded and this tribunal appointed in their place. But were the means and power of the arbitrator ever so deficient and inadequate, either to investigate facts or give effect to his decisions, they would form no reason for not carrying into effect the express provisions of this section as far as may be practicable, or for adopting a construction of it that would render it nugatory. For my part I cannot doubt that it was intended, by means of a special tribunal and the award of a legally constituted judge holding an exclusive jurisdiction, to supply an effectual and complete remedy in all cases of disputes of every kind and character respecting the rights and liabilities created by the Act between the trustees and the persons described in its 14th section. The case of Crisp v. Bunbury, on the authority of which I decided the case of Cooke v. Lord Courtown, establishes the proposition that the jurisdiction of the superior Courts is ousted in all cases coming within the arbitration clause in the first Act, and as a consequence that the barrister who has been substituted

by the second Act for arbitrators under the first has exclusive cognisance of all such cases. If, then, the remedy of the aggrieved parties can only be had through his award, the question is, Does his authority extend to and comprise the most simple of all cases, which is the case before us, that of a claim by a depositor to be repaid his deposit and interest? No doubt it does. The claim being made on the trustees and not complied with, there is at once, in terms and substance, a dispute between the depositor and the trustees; a dispute giving a right of suit or action, not to be decided by a Court of law or equity, but by the Parliamentary arbitrator.

an action by a trustee against a manager for
a contribution towards the amount awarded
to depositors in the Enniscorthy Bank. The
claim was made before the Savings Bank Act,
1844 (7 & 8 Vict. cap. 83) was passed, but the
reference to arbitration was made after it was
passed. It was held that the jurisdiction under
the latter Act (that is to say, the present juris-
diction of the Registrar) superseded that under
9 Geo. IV. cap. 92, section 45.
Pigot C.B.
observed, at p.
183: The 9th Geo. IV. created
an exclusive jurisdiction; the 7 & 8 Vict. cap.
83 substitutes another." Lefroy B., at p. 184,
pointed out that an Act limiting jurisdiction
must be construed very strictly, so that it
covered disputes between trustees and managers
on the one side, and depositors on the other, and
not those between trustees and managers
inter se.

We have, therefore, a jurisdiction which has been exercised for over ninety years without successful challenge, except in the one case of Lynch v. Fitzgerald, where the Registrar did not carry out his duties properly, a period of nearly a century, during which the Registrar has exercised exclusive jurisdiction, ousting that of the High Court in all disputes between the trustees of savings banks and the PostmasterGeneral and depositors and persons claiming through them or claiming otherwise to be entitled to the deposits, both in cases where the trustees were, or the Postmaster-General Fitzgerald v. Rowan (5 Ir. C.L.R. 1) arose out was, directly concerned and where the dispute of the affairs of the same bank, and was an resolved itself into a dispute between rival action by a depositor against a person who claimants; and it is impossible, in my opinion, was treasurer and trustee for money had and that the jurisdiction in such a case as the received to his use. It was held that the plain-present should now be successfully challenged. tiff's only remedy was by award, Monahan C.J. saying, at p. 7: "It has been held both in England and in this country that this clause is imperative and that arbitration is the only method of proceeding." The verdict was set aside on this and other grounds.

Letter to the Editor.

EDINBURGH, 20th February 1925.

Cooke v.. Lord Courtown (6 Ir. Eq. R. 266) Dear Sir, I think the attention of the Profession was a suit by depositors in the Enniscorthy ought to be called to a recent and important change in Savings Bank against the trustees and the the practice of the Registrar in granting Certificates representative of a defaulting treasurer for of Incorporation of Companies. For a very long sums due to them as depositors. It was held period, indeed I think ever since the 1862 Act, it has that 9 Geo. IV. cap. 92, section 45, applied, and which the documents were lodged, although it may been the practice to date the certificate on the day on that the Court had no jurisdiction. Black-not have been actually signed until some days later. burne M.R. followed Crisp v. Bunbury and said, at p. 274: "If the deposit and interest be not paid when demanded according to the rules of the institution, then, and not before, is there matter of dispute; and whether it be caused by a denial of the demand, or of the amount claimed, or by a refusal, or by an assertion of inability to pay, it is a matter between the depositors and the trustees, and must be

referred to arbitration."

Courtown v. Goff (3 Ir. Jur. (O.S.) 182) was

This practice came before the Court in the case of Jubilee Cotton Mills ([1923] 1 Ch. 1), and was approved by the Master of the Rolls and Warrington J. In the House of Lords ([1924] A.C. 958) Lord Sumner, in some rather unconvincing dicta, disapproved of the practice, and suggested that it should be changed. of Trade instructed Registrars not to date or issue Following on this, in August of last year, the Board Certificates of Incorporation until two days after receipt. Until this rule, a company (if confident that its memorandum and articles did not transgress any material provision of the Acts) might allot shares and

enter into contracts immediately after the documents were lodged. Now it can scarcely do so with safety until it has actually received notification that the Board of Trade has passed the documents, which may not be for several days after the date of filing, the period being apparently entirely in the discretion of the Board.

It is peculiarly unfortunate that the practice of half a century should have been upset at the caprice of a London office without any intimation whatever to the Profession of the change.

In this connection, the attention of our Scottish Members of Parliament (if they can spare any time from the contemplation of Clydebank) might be drawn to the fact that there is no representation of Scotland on the important Commission now sitting on the Companies Acts. Is it still too late to get this error corrected? Mr Currie, then M.P. for Leith, was of great service on the last Commission. Yours faithfully,

R. B.

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—INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) ACT, 1920 (10 & 11 GEO V. CAP. 17), SECTION 14 (1)-RENT AND MORTGAGE INTEREST RESTRICTIONS ACT, 1923 (13 & 14 GEO. v. cap. 7), SECTION 8 (2).-The Act was passed on 31st July 1923. A tenant raised action for recovery on 24th January 1924, but the case was not heard by the County Court judge till 28th March 1924. Held that the tenant, having raised his action within the six months' period, was entitled to recover.-Court of Appeal (Pollock M.R., and Warrington and Atkin L.JJ.).-23rd July 1924.

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LANDLORD AND TENANT-STATUTORY RENT RESTRICTION—HOUSE LET UNFURNISHED, BUT FURNISHED AND SUBLET BY TENANT-INCREASE OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) ACT, 1920 (10 & 11 GEO. V. CAP. 17), SECTION 12 (2), PROVISO (i).-A landlord let a house to which the Act applied, unfurnished, to a tenant who furnished the house and sublet it. Held that as the house was in fact let as a furnished house when the claim to possession was made, the tenant was not protected by the Act. Decision of Div. Court (Bailhache and Acton JJ.) affirmed.-Court of Appeal (Bankes, Scrutton, and Sargant L.JJ.).—30th July 1924.

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CHARTERER'S DUTY TO PROVIDE CARGO-EXCEPTIONS.-A charter-party provided that the steamer should load a full and complete cargo of wheat and/or maize and/or rye. The steamer was to be loaded at a fixed rate, otherwise demurrage to be paid at a named rate. It was further provided, "If the cargo cannot be loaded by reason of obstructions or stoppages. on the railways or in the docks or other loading-places ... the time for loading . . . shall not count during the continuance of such causes.' The ship had eleven days, sixteen hours, as lay days, which began to run at midnight on 19th-20th May. She finished loading at 11 A.M. on 15th June. owners claimed ten days, nineteen hours, demurrage. The charterers contended that no demurrage was due because (1) delay had been caused by a ca' canny movement by the men on one of the railways by which wheat was brought to the port of loading; and (2) the Argentine Government had prohibited the export of wheat. Held (1) (per Bankes L.J.) that a ca' canny movement was not an obstruction, and (per Scrutton and Atkin L.JJ.) that it did not prevent loading; and (2) that where a charterer has the option as to the cargo to be loaded, and events occur which prevent the loading of the particular cargo intended by him, he is entitled to a reasonable time to enable him to deal with the altered conditions. Decision of Bailhache J. varied.-Court of Appeal (Bankes, Scrutton, and Atkin L.JJ.).— 31st July 1924.

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AND LEADAGE IN PRICE.-A Norwegian ship was chartered to load a cargo of wood in Sweden. The charter-party provided: If and when the price of good-class bunker coal ordinarily used in this trade is reduced to 80s. per ton, the freight to be 10s. per standard less." She took in bunkers at Middlesbrough at a cost, including brokerage and leadage, of 80s. 4d. Held that the cost of bunkers to the owner was alone to be regarded, and that the charterer was entitled to no reduction in the freight. Judgment of Court of Appeal reversed.-House of Lords.31st July 1924.

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is, like all his other works, a masterpiece of

THE LATE MR ANDREW ROSS, S.S.C., patient, acute research and vigorous writing.


In the pageant of historical Scottish characters, one of the most interesting features of the Edinburgh Exhibition of 1908, Mr Ross was one of the most energetic of the committee responsible for the selection of the personages represented. Some twenty-five years ago he commissioned by the officers of the Scots.

Mr Andrew Ross, who died on the 21st ult. at the age of seventy-six, was a well-known authority in matters heraldic, genealogical, and military. From the office of Messrs J. & F. Anderson, W.S., where he had his legal training, he became a leader-writer on the "Courant.' In 1890 he was appointed an Assistant-Clerk Guards to write the history of that distinin th

Court of

Session, where, after

e was

guished regiment; during the time in


some years,) he was promoted to a Depute-Clerkship, from which he retired in 1919 on! attaining the age limit. Mr Ross made a considerable reputation from his researches in Scottish regimental and family histories. His first great work was as secretary of the committee which was instrumental in getting from their hiding-places many old Scots Regiental Colours for St Giles' Cathedral..

Supplementary to that was his folio volume describing the Colours, a work which gives not only

which he was thus engaged he set forth:

an article here and another there, and in 1916-17 complied with the request made by the Committee of the Lowland Scots Association to contribute to their projected "History of Scots Lowland Regilements a brief history of the Cameronians, a "Note on the Raising of the King's Own Scottish

Borderers," and an and an account of the


banded Scots Regi

ments." In the

reviews of the vol

⠀⠀⠀ume high commenda


was paid to the now toul gou od masterly treatment the history of the famous regiments still on | of these several monographs. the Army List, but of Scottish corps that were disbanded more than a century ago. von It is impossible to trace all Mr Ross's writing activities as herald, genealogist, and military historian; he was almost constantly engaged, and, while busy over one, he was certain to be diverted to another on an urgent appeal being made for his services. In " The Scots Peerage" will be found many articles with his initials, and in the monumental" Military History of Perthshire," edited by the Marchioness of Tullibardine, now Duchess of Atholl, he has now M several contributions. His "Lyons of Cossins," a history of one of the oldest Scottish families,


His great enterprise-"the History of the Scots Guards". Guards "-was only accomplished last autumn. Sent to the authorities in London, the manuscript still waits for publication. It is extremely unfortunate that the author did not live to see the fruits of all his labour receive the encomiums that are certain to be lavished by the competent critics. critics. For, just as the Hon. John Fortescue represents the chief of historians of English regiments, so, assuredly, does Mr Andrew Ross stand out as the prince of historians of Scottish regiments.

His passion for military affairs he kept all his life, and in his young days he found a partial h

outlet for his energies as a commissioned officer of the "Queen's Edinburgh."

Mr Ross's library of military works-the collection of many years-is considered to be one of the most valuable and complete in Scotland.

In the Great War his elder son, Andrew, an exInternational Rugby player and former High School boy, was killed, and his other son, Donald, severely wounded. Mr Ross is sur vived by that son and three daughters.



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The year 1923 was the jubilee of the Law Agents (Scotland) Act, 1873, under the provisions of which the bulk of the law agents of Scotland, apart from Writers to the Signet, became qualified practitioners. The writer had the curiosity to enquire into the history of his profession, and he naturally turned for light to Mr Henderson Begg's Treatise on Law Agents." The perusal of the historical introduction to that treatise and of the authorities there cited proved most instructive, and it occurred to him to put the gist of the information which he gleaned into the shape of an article, in the hope that it might be useful to students and serve as an introduction to the history of the profession they have adopted.

The lawyers of Scotland, excluding members of the Faculty of Advocates, are known at the present day by various names, viz. Writers to the Signet, Solicitors before the Supreme Courts, Solicitors, Advocates, Writers, Procurators, etc., and all these appellations have a history.

In early times it was required that litigants plead their own causes, but as civilisation advanced, the man of skill supplanted the litigants themselves, who were represented by a deputy. He was, however, not a professional lawyer, but one who undertook to conduct causes ex gratia. There are various names in ancient times by which such a deputy was referred to, viz. prolocutor, forspeker, advocate, procurator, and attorney. The professional lawyer was first found among the clergy, who could read and explain the Latin language in which the law was embodied, and it would appear that they practised in the Ecclesiastical Courts where the most of the judicial business of Scotland was carried on before the institution of the Court of Session in the reign of James V.,

It is believed that the ultimate establishment of the legal profession is due to a statute of James I. in 1424, which provided that when litigants were poor and unskilled the judge should provide an advocate to conduct their cause. On the institution of the Court of Session in 1532,

a certain number of advocates and procurators were appointed to plead in that Court, and such advocates held the field for a century and a half, occupying the double position of counsel and agent. They accordingly then came into direct contact with their clients. Such a system in course of time became inconvenient, and the work clamoured for apportionment. Gradually three classes of law agents were formed, viz. Advocates' First Clerks, Writers to the Signet, and Solicitors. Advocates' First Clerks were originally the chief assistants of advocates, among whom were those training for the Bar. They had charge of the practical details of the cases of the advocates, and in course of time they started business on their own account and formed themselves into a society. They ceased to exist as a separate body in 1850, when they were united with the Incorporated Society of Solicitors before the Supreme Courts.

Clerks or Writers to the Signet-the oldest body of law agents in Scotland-appear to have originated from the clerks in the office of the Secretary for State, who had charge of the King's Seal. The Act of Parliament establishing the Court of Session mentions them as a previously existing body, and on the institution of that Court they began to sign the summonses and other writs requiring to be signeted. Although thus engaged in an official capacity at the inception of a litigation they were not recognised as entitled to practise in the Court of Session until 1754. They apparently do not possess any charter of incorporation, but they have frequently exercised the powers of a corporate body.

It would appear that a class of agents distinct from advocates and their clerks, and from Writers to the Signet, had established themselves and been allowed to practise very soon after the institution of the Court of Session. The earliest reference to them is in an Act of Sederunt of the Court of Session of 13th July 1596, directed against "inopportune sollisteris." The Act, after narrating that the lords were continually vexed with the importunities of parties, their advocates and agents, provides that in case any advocate, clerk to the signet, agent, or their servants sollist (solicit), it shall be a sufficient cause for debarring them from the tolbooth where the sittings of the Court were then held. The Faculty of Advocates regarded the introduction of these agents as an abuse, and they had sufficient influence to obtain various Acts of Sederunt to prevent them practising in Court. In 1604 such an Act declared that no macer should allow such persons as are called agents access to the Bars of the Court. In 1610 another Act of Sederunt was passed prohibiting persons such as agents who are unprofitable from using the place in Court appointed for the advocates. In 1649

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