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their jurisdiction had not been superseded and this an action by a trustee against a manager for tribunal appointed in their place. But were the a contribution towards the amount awarded means and power of the arbitrator ever so deficient to depositors in the Enniscorthy Bank. The and inadequate, either to investigate facts or give claim was made before the Savings Bank Act, effect to his decisions, they would form no reason for not carrying into effect the express provisions of 1844 (7 & 8 Vict. cap. 83) was passed, but the this section as far as may be practicable, or for reference to arbitration was made after it was adopting a construction of it that would render it passed. It was held that the jurisdiction under nugatory. For my part I cannot doubt that it was the latter Act (that is to say, the present jurisintended, by means of a special tribunal and the diction of the Registrar) superseded that under award of a legally constituted judge holding an 9 Geo. IV. cap. 92, section 45. Pigot C.B. exclusive jurisdiction, to supply an effectual and observed, at
183: The 9th Geo. IV. created complete remedy in all cases of disputes of every an exclusive jurisdiction; the 7 & 8 Vict. cap. kind and character respecting the rights and lia: 83 substitutes another.” Lefroy B., at p. 184,
1 bilities created by the Act between the trustees and the persons described in its 14th section. The case
pointed out that an Act limiting jurisdiction of Crisp v. Bunbury, on the authority of which I must be construed very strictly, so that it decided the case of Cooke v. Lord Courtown, estab- covered disputes between trustees and managers lishes the proposition that the jurisdiction of the on the one side, and depositors on the other, and superior Courts is ousted in all cases coming within not those between trustees and managers the arbitration clause in the first Act, and as a con. inter se. sequence that the barrister who has been substituted by the second Act for arbitrators under the first been exercised for over ninety years without
We have, therefore, a jurisdiction which has has exclusive cognisance of all such cases. If, then, successful challenge, except in the one case of the remedy of the aggrieved parties can only be had through his award, the question is, Does his authority Lynch v. Fitzgerald, where the Registrar did not extend to and comprise the most simple of all cases, carry out his duties properly, a period of nearly which is the case before us, that of a claim by a a century, during which the Registrar has depositor to be repaid his deposit and interest ? exercised exclusive jurisdiction, ousting that of No doubt it does. The claim being made on the the High Court in all disputes between the trustees and not complied with, there is at once, trustees of savings banks and the Postmasterin terms and substance, a dispute between the General and depositors and persons claiming depositor and the trustees; a dispute giving a right through them or claiming otherwise to be of suit or action, not to be decided by a Court of entitled to the deposits, both in cases where law or equity, but by the Parliamentary arbitrator.
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
7 England and in this country that this clause
Letter to the Editor. is imperative and that arbitration is the only metböd of proceeding." The verdict was set aside on this and other grounds.
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, This practice came before the Court in the case of at p. 274 : “If the deposit and interest be not Jubilee Cotton Mills ( 1 Ch. 1), and was approved paid when demanded according to the rules of by the Master of the Rolls and Warrington J. In the the institution, then, and not before, is there House of Lords ( A.C. 958) Lord Sumner, in matter of dispute ; and whether it be caused some rather unconvincing dicta, disapproved of the by a denial of the demand, or of the amount practice, and suggested that it should be changed. claimed, or by a refusal, or by an assertion of Following on this, in August of last year, the Board
of Trade instructed Registrars not to date or issue inability to pay, it is a matter between the Certificates of Incorporation until two days after depositors and the trustees, and must be receipt. Until this rule, a company (if confident that referred to arbitration."
its memorandum and articles did not transgress any Courtown v. Goff (3 Ir. Jur. (O.S.) 182) was material provision of the Acts) might allot shares and
enter into contracts immediately after the documents
Brightman v. Bunge y Bern Ltd. were lodged. Now it can scarcely do so with safety until it has actually received notification that the
AFFREIGHTMENT Board of Trade has passed the documents, which may
CHARTER-PARTY not be for several days after the date of filing, the CHARTERER'S DUTY TO PROVIDE CARGO-EXperiod being apparently entirely in the discretion of CEPTIONS.-Acharter-party provided that the the Board.
steamer should load a full and complete cargo It is peculiarly unfortunate that the practice of half of wheat and/or maize and/or rye. The a century should have been upset at the caprice of a steamer was to be loaded at a fixed rate, otherLondon office without any intimation whatever to wise demurrage to be paid at a named rate. the Profession of the change.
It was further provided, “ If the cargo cannot In this connection, the attention of our Scottish Members of Parliament (if they can spare any time be loaded .... by reason of obstructions or from the contemplation of Clydebank) might be drawn stoppages on the railways or in the docks to the fact that there is no representation of Scotland or other loading-places the time for on the important Commission now sitting on the loading . . . . shall not count during the conCompanies Acts. Is it still too late to get this error tinuance of such causes. The ship had eleven corrected ? Mr Currie, then M.P. for Leith, was of days, sixteen hours, as lay days, which began great service on the last Commission.—Yours faith- to run at midnight on 19th-20th May. She fully,
finished loading at 11 A.M. on 15th June. The 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 DECISIONS IN THE ENGLISH
on one of the railways by which wheat was COURTS.
brought to the port of loading; and (2) the
Argentine Government had prohibited the Diment v. Roberts.
export of wheat. Held (1) (per Bankes L.J.)
that a ca’ canny movement was not an obstrucLANDLORD AND TENANT-STATUTORY RENT tion, and (per Scrutton and Atkin L.JJ.) that RESTRICTION—RECOVERY OF OVER-PAYMENTS BY it did not prevent loading; and (2) that where TENANT_PERIOD DURING WHICH RECOVERABLE a charterer has the option as to the cargo to be -INCREASE OF RENT AND MORTGAGE INTEREST loaded, and events occur which prevent the (RESTRICTIONS) ACT, 1920 (10 & 11 GEO V. CAP. loading of the particular cargo intended by him, 17), SECTION 14 (1)—RENT AND MORTGAGE he is entitled to a reasonable time to enable INTEREST RESTRICTIONS ACT, 1923 (13 & 14 him to deal with the altered conditions. GEO. V. CAP. 7), SECTION 8 (2).—The Act was Decision of Bailhache J. varied.—Court of passed on 31st July 1923. A tenant raised Appeal (Bankes, Scrutton, and Atkin L.JJ.).— action for recovery on 24th January 1924, 31st July 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 Hansen v. Gabriel Wade & English Ltd. of Appeal (Pollock M.R., and Warrington and Atkin L.JJ.).—23rd July 1924.
FREIGHT DEPENDENT ON
PRICE OF BUNKERS-INCLUSIVE OF BROKERAGE Hunter.
AND LEADAGE IN PRICE.—A Norwegian ship
was chartered to load a cargo of wood in Sweden. LANDLORD AND TENANT—STATUTORY RENT The charter-party provided : “ If and when the RESTRICTION-HOUSE LET UNFURNISHED, BUT price of good-class bunker coal ordinarily used FURNISHED AND SUBLET BY TENANT—INCREASE in this trade is reduced to 80s. per ton, the OF RENT AND MORTGAGE INTEREST (RESTRICTIONS) freight to be 10s. per standard less. She took ACT, 1920 (10 & 11 GEO. V. CAP. 17), SECTION 12 in bunkers at Middlesbrough at a cost, including (2), PROVISO (i). -A landlord let a house to brokerage and leadage, of 80s. 4d. Held that which the Act applied, unfurnished, to a tenant the cost of bunkers to the owner was alone to who furnished the house and sublet it. Held be regarded, and that the charterer was enthat as the house was in fact let as a furnished titled to no reduction in the freight. Judgment house when the claim to possession was of Court of Appeal reversed.—House of Lords.made, the tenant was not protected by the 31st July 1924. Act. Decision of Div. Court (Bailhache and Acton JJ.) affirmed.--Court of Appeal (Bankes, Scrutton, and Sargant L.JJ.1.--30th July 1924.
Rules and Regulations of the Stock Exchange,
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Stevens' Elements of Mercantile Law. Seventh
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CURRENT LAW LITERATURE. the most important being, perhaps, the enactment of the Carriage of Goods by Sea Act of The Scots Digest, 1923-1924. Being Digest of all the last year. The opportunity has, however, been
cases decided in the Supreme Courts of Scotland taken to make various improvements in point and reported in the various series of Reports, of form; and many students will be thankful with Alphabetical Table of Statutes. October for the addition of a glossary of common legal
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SPECIAL NOTICE. lawyer, this little volume contains a clear and popular account of the law of master and The Editor will welcome legal problems or servant in its multifarious branches. Unencum- questions of interest from subscribers, and will, bered with the citation of any authorities, it wherever possible, arrange for articles thereon by forms a readable and well-arranged statement experts. Interesting points are continually cropping of the legal principles, whether derived from the common law or embodied in statute.
up in practice, and there is at present no means
It should serve to provide many lay readers with other than that now suggested whereby a lawyer in a useful knowledge of a department of law one part of Scotland may benefit at a saving of with which few indeed are not directly or time and money from the experience of a lawyer in indirectly concerned.
another part who has dealt with a similar problem.
in their pro
hoold is, like all his other works, a masterpiece of THE LATE MR ANDREW ROSS, S.S.C., patient, acute research and vigorous writing. ROSS HERALD.
In the pageant of historical Scottish characters, Mr Andrew Ross, who died on the 21st ult. one of the most interesting features of the at the age of seventy-six, was a well-known Edinburgh Exhibition of 1908, Mr Ross was one authority in matters heraldic, genealogical, and of the most energetic of the committee responmilitary. From the office of Messrs J. & F. sible for the selection of the personages repréAnderson, W.S., where he had his legal training, sented. Some twenty-five years ago he was he became a leader-writer on the Courant." commissioned by the officers of the Scots In 1890 he was appointed an Assistant-Clerk Guards to write the history of that distinCourt
guished regiment; Session, where, after
VoninoTM some years,
he was thus promoted to a
engaged he set Depute-Clerkship,
forth: an article here from which he re
there, tired 1919 on
and in 1916-17.com
ino attaining the
plied with the limit. Mr Ross made
quest made by the a considerable repu
Committee of the tation from his re
Lowland Scoit's searches in Scottish
1. Association to conregimental and
tribute family histories. His
jected History of first great work was
Scots Lowland Regias secretary of the
iments" a brief hiscommittee which
tory of the Camerwas instrumental in
onians, a “Note on getting from their
the Raising of
the hiding-places many ,
Scottish old Scots Regi
Borderers," and an ental Colours for St.
y account of the DisGiles' Cathedral.
banded Scots RegiSupplementary to }
swments.” In the that was his folio
reviews of the volvolume describing
ume high commendathe Colours, a
tion was paid to the which gives not only OG
masterly treatment the history of the famous regiments still on of these several monographs. the Army List, but of Scottish corps that were His great enterprise—“the History of the Scots disbanded more than a century ago. U Guards”—was only accomplished last autumn.
. It is impossible to trace all Mr Ross's writing Sent to the authorities in London, the manuactivities as herald, genealogist, and military script still waits for publication. It is extremely
Selam historian; he was almost constantly engaged, unfortunate that the author did not live to see
2,11 and, while busy y over one, he wa
certain to be the fruits of all his labour receive the encomiums diverted to another on an urgent appeal being that are certain to be lavished by the competent made for his services. In “ The Scots Peerage” critics. For, just as the Hon. John Fortescue will be found many articles with his initials, represents the chief of historians of English and in the monumental " to start of regiments, so, assuredly, does Mr Andrew Ross
O Perthshire,” edited by the Marchioness of stand out as the prince of historians of Scottish Tullibardine, now Duchess of Atholl, he has regiments. DA
:: several contributions. His "Lyons of Cossins, en como
His passion for military affairs he kept all a history of one of the oldest Scottish families, his life, and in his young days be found a partial
outlet for his energies as a commissioned officer a certain number of advocates and procurators of the “ Queen's Edinburgh."
were appointed to plead in that Court, and such Mr Ross's library of military works—the advocates held the field for a century and a half, collection of many years—is considered to be occupying the double position of counsel and one of the most valuable and complete in agent. They accordingly then came into Scotland.
direct contact with their clients. Such a system In the Great War his elder son, Andrew, an ex- in course of time became inconvenient, and the International Rugby player and former High work clamoured for apportionment. Gradually School boy, was killed, and his other son, three classes of law agents were formed, viz. Donald, severely wounded. Mr Ross is sur- Advocates' First Clerks, Writers to the Signet, vived by that son and three daughters.
and Solicitors. Advocates' First Clerks were originally the chief assistants of advocates,
among whom were those training for the Bar. THE EVOLUTION OF THE SCOTTISH
They had charge of the practical details of the
cases of the advocates, and in course of time LAW AGENT.
they started business on their own account and The year 1923 was the jubilee of the Law formed themselves into a society. They ceased Agents (Scotland) Act, 1873, under the pro- to exist as a separate body in 1850, when they visions of which the bulk of the law agents of were united with the Incorporated Society of Scotland, apart from Writers to the Signet, Solicitors before the Supreme Courts. became qualified practitioners. The writer had
Clerks or Writers to the Signet—the oldest the curiosity to enquire into the history of his body of law agents in Scotland appear to have profession, and he naturally turned for light to originated from the clerks in the office of the Mr Henderson Begg's " Treatise on Law Secretary for State, who had charge of the King's Agents." The perusal of the historical intro- Seal. The Act of Parliament establishing the
. duction to that treatise and of the authorities Court of Session mentions them as a previously there cited proved most instructive, and it existing body, and on the institution of that occurred to him to put the gist of the informa- Court they began to sign the summonses and tion which he gleaned into the shape of an other writs requiring to be signeted. Although article, in the hope that it might be useful to thus engaged in an official capacity at the instudents and serve as an introduction to the ception of a litigation they were not recognised history of the profession they have adopted. as entitled to practise in the Court of Session
The lawyers of Scotland, excluding members until 1754. They apparently do not possess any of the Faculty of Advocates, are known at the charter of incorporation, but they have frequently present day by various names, viz. Writers to exercised the powers of a corporate body. the Signet, Solicitors before the Supreme Courts, It would appear that a class of agents distinct Solicitors, Advocates, Writers, Procurators, etc., from advocates and their clerks, and from and all these appellations have a history. Writers to the Signet, had established them
In early times it was required that litigants selves and been allowed to practise very soon plead their own causes, but as civilisation ad- after the institution of the Court of Session. vanced, the man of skill supplanted the litigants The earliest reference to them is in an Act of themselves, who were represented by a deputy. Sederunt of the Court of Session of 13th July He was, however, not a professional lawyer, 1596, directed against inopportune sollisbut one who undertook to conduct causes ex teris.” The Act, after narrating that the gratia. There are various names in ancient lords were continually vexed with the importimes by which such a deputy was referred to, tunities of parties, their advocates and agents, viz. prolocutor, forspeker, advocate, procurator, provides that in case any advocate, clerk to the and attorney. The professional lawyer was signet, agent, or their servants sollist (solicit), it first found among the clergy, who could read shall be a sufficient cause for debarring them and explain the Latin language in which the from the tolbooth where the sittings of the law was embodied, and it would appear that Court were then held. The Faculty of Advothey practised in the Ecclesiastical Courts where cates regarded the introduction of these agents the most of the judicial business of Scotland as an abuse, and they had sufficient influence to was carried on before the institution of the Court obtain various Acts of Sederunt to prevent them of Session in the reign of James V.,
practising in Court. In 1604 such an Act It is believed that the ultimate establish- declared that no macer should allow such ment of the legal profession is due to a statute persons as are called agents access to the Bars of James I. in 1424, which provided that when of the Court. In 1610 another Act of Sederunt litigants were poor and unskiîled the judge should was passed prohibiting persons such as agents provide an advocate to conduct their cause. On who are unprofitable from using the place in the institution of the Court of Session in 1532, Court appointed for the advocates. In 1649