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sheriffdoms. It appears to us that the various the counties of the Sheriffdom without further societies interested should have the matter enrolment in any of them. He brought the brought up and determined so that the practice matter to the notice of Sheriff Crichton, who might be made uniform.
considered the question fully, it is understood,
on the basis of the 1870 Act, and decided that THE ROLL OF LAW AGENTS IN
Mr Drummond's contention was correct.
This settled the practice, and for many years SHERIFFDOMS.
after that, and up till the present time, agents Section 12 of the Sheriff Courts (Scotland) enrolled in Haddington, Linlithgow, or Peebles Act, 1870 (33 & 34 Vict. cap. 86) reads as have been allowed to practise in Edinburgh, follows :
without enrolment in Edinburgh. This was so,
notwithstanding the terms of the Act of Union of counties to be complete as regards juris. Sederunt anent fees payable to the Sheriffdiction, etc., of Sheriff, and powers, privileges, etc., of Clerk, which, inter alia, provided "Enrolment Procurators.—Every union of counties into one
of law agent, each county,
5s.” sheriffdom under the provisions of this and the
The question again came up in 1915, probably recited Act, or either of them, shall be deemed to be a complete union to all intents and purposes in so mainly on account of the terms of this Act of far as regards the jurisdiction, powers, and duties of Sederunt, which rather seemed to provide that a the sheriff and his substitutes, and in so far as law agent had to enrol in each county notwithregards the powers, duties, rights, and privileges of standing that he might be enrolled in another procurators before the courts of the sheriff. And the county which was part of the same Sheriffdom. several counties of any such united sheriffdom shall On this occasion à Writer to the Signet in not thereafter be regarded as separate sheriffdoms or Edinburgh, who was enrolled as a law agent in jurisdictions, but as one sheriffdom and jurisdiction, the roll kept in Edinburgh, appeared in the in so far as regards the powers, duties, rights, and privileges of the sheriff and his substitutes, and the Court at Haddington, when objection was taken procurators of the sheriff's court.
to his doing so on the ground that he had not
enrolled in the roll kept at Haddington and Doubts have arisen from time to time in paid 58. there. He, like Mr Drummond, claimed regard to the necessity for law agents signing that bis enrolment in Edinburgh and his paythe roll of each county of a Sheriffdom. The ment of 5s. there was sufficient to entitle him latest case has been raised by Mr Andrew to appear in any Court of the Sheriffdom withGalloway, 7 Bridgegate, Glasgow, in connection out further enrolment or payment. The matter with the Sheriffdom of Dumfries. From corre- was brought before the notice of Sheriff spondence published recently in the “ Glasgow Maconochie, and was fully considered by him in Herald,” it appears that the Sheriff-Clerk of the light of the Acts and Act of Sederunt, and Dumfries takes the view that agents practising before giving his ruling on the matter it is in a Sheriffdom must enrol in each county in understood he had the benefit of a consultation which they desire to practise. In this view the with the then Lord President of the Court of Sheriff-Clerk at Dumfries is supported by Session. As a result he issued instructions to several Sheriffs-Principal, including Sheriffs all the Sheriff-Clerks in the Sheriffdom that if Morton, Fleming, Chisholm, and Macphail. an agent was enrolled in one county and had
With all deference to the opinions of these paid his 5s. there, it was unnecessary for him to learned Sheriffs, we are inclined to support the enrol in any other county of the Sheriffdom and opposite view as practised in the Sheriffdom of pay another 5s. the Lothians and Peebles. The above section We are inclined to think that the expression of the 1870 Act seems quite clear, and to in the Act of Sederunt anent Table of Fees, constitute a charter under which the several each county, 5s.," was a mistake, and ought to counties are combined as one Sheriffdom, in so read “ each Sheriffdom,” but in any event this far as regards the powers, duties, rights, and privi- provision cannot be read as displacing or releges of the procurators of the Sheriff's pealing the effect of what is tantamount to a Court.
charter in section 12 of the Act of 1870. The case first arose in the Lothians at least Whatever the correct interpretation of the thirty years ago, when heriff Crichton was matter, it is hoped that steps will taken to Sheriff-Principal of the Sheriffdom. The late have it adjusted by Act of Sederunt, so that the Mr James Drummond, W.S., who was enrolled practice in the various Sheriffdoms may be in the roll kept in Edinburgh, had appeared in uniform. the Court at Linlithgow, and objection was taken to him doing so on the ground that he had not enrolled in Iinlithgowshire. Mr Drum- FACULTY ADVOCATES. Mr William mond claimed that his enrolment in Edinburgh Munro, M.A., LL.B., Glasgow, was admitted was sufficient to entitle him to practise in all to the Faculty of Advocates on 20th March.
form which lends itself to pithy expression and SHORT AGRICULTURAL LEASES.
easy reference. The introduction or title will
read, “Minute of Lease between A. B. of C. (he By W. G. M. DOBIE, LL.B.
and his successors, proprietors of the farm If the shade of Bailie Macwheeble received hereby let, being hereinafter referred to as 'the several rude shocks between 1845 and 1874 it proprietor ') and G. H., farmer, residing at is suffering torture now. The 1924 Convey- (he and his successors in this lease being ancing Act has made havoc with our forms, and hereinafter referred to as 'the tenant').” we may be forgiven if we feel that, for example, (1) Destination, Subjects, etc.-The first clause the discharge in ten lines of a heritable security deals with the destination, the subjects, the for £20,000 is akin to sacrilege. When the duration of the lease, and the entry, in such novelty has passed, however, it is unlikely that terms as these : “ The proprietor hereby lets any practitioner will regret the change.
to the tenant and his heirs, excluding assignees Suggestions have been made that the legis- legal or conventional, creditors or managers lature might usefully perform a like service in for their behoof, and heirs-portioners, the eldest regard to agricultural leases. There are serious heir female succeeding without division, All and difficulties to be faced. Possibly in no other Whole the farm of X, in the parish of Y, and branch of legal draftsmanship are forms of so county of Z, and that for the space of fourteen little service. Circumstances of the letting of years from Whitsunday 1925, as to the houses, each farm and peculiarities in the subjects steading, and all land except that under white themselves render dangerous the use even of crop, and from the separation of the 1925 white those general conditions applicable to entire crop as to land under that crop." estates and adopted as part of the lease of (2) Rent. The second paragraph deals briefly each individual holding thereon. Greater still with rent, the terms at which payable, and the would be the difficulty and danger of adapting period of possession to which it has reference, a short statutory form of lease (such as was and with the repayment by the tenant (if tried with little success in the Leases Act, 1845, such is the agreement) of a proportion of each applicable to England) to suit individual annual fire insurance premium. requirements.
(3) Reservations.—The customary lease now Indirectly, however, the legislature has plunges into pages of detail as to reservations already. supplied the machinery whereby we by the proprietor, and it is submitted that these may curtail very considerably those cumbrous are in general unnecessary.
are in general unnecessary. The land is being farm leases with which we are all familiar. let for agricultural purposes. Ob majorem In
many important respects the relationship of cautelam the lease may contain a statement to landlord and tenant is fixed by the Agricultural that effect. It follows that minerals, woods, Holdings Acts ; so much so, that a solicitor and game, with necessary accesses and accomof wide experience recently stated to the writer modations, are reserved ex lege. If it is reasonthat he requires nothing more in a lease than ably anticipated that part of the farm may be the names of the parties, the subjects, the entry, required for planting, building, or like purposes the duration, and the rent. Few practitioners, during the currency of the lease, power to resume perhaps, are sufficiently bold to adopt that for such purposes should be reserved; but it course ; but should any do so it is unlikely is in any case unnecessary to provide means of that their clients will be, at the end of the ascertaining the reduction in rent to be allowed tenancy, in any other position than if they had in the event of the resumption being made (secsigned the customary rigmarole of twelve or tion 31 of the 1923 Act). A landlord may, of fifteen sheets. Certainly that bare skeleton course, resume part of a holding from a tenant of a lease, supplemented by a record of the from year to year for certain purposes, although holding made under section 37 of the 1923 the lease on which the tenancy is based contained Agricultural Holdings (Scotland) Act, would be no such provision (section 30 of the 1923 Act). in a majority of cases infinitely preferable to a (4) Management.--The fourth clause (the full-dress lease without the record.
third if we cut out "reservations” entirely) While refusing to confine our labours of deals with management and cropping. Here draftsmanship to half a sheet of notepaper, the landlord is very much at the mercy of the might we not advantageously cut out a great Agricultural Holdings Act and of the tenant. deal of lumber? The following suggestions, The minute degree of freedom of contract that tentatively thrown out, are based on the remains renders it the easier to shorten this letting of an arable farm in the south of Scot- clause. A tenant is at common law bound to land, and are not, of course, applicable to all cultivate in accordance with the rules of good districts or all conditions.
husbandry; but this is usually expressed. A The general form adopted is that of the rotation should be specified, and the tenant minute of lease, with numbered clauses ; a should be taken bound to sell or remove no
dung, hay, straw, or roots—or as the case may be taken bound in his lease to sell these to his be; for, in spite of the freedom of cropping and successor. But he should still be bound to of disposal of produce conferred by section 35 hain after the harvest before removal the seeds of the 1923 Act, such provisions in the lease sown with his penultimate white crop; to must be read with sections 1 (2) (6) and 35, plough the fallow once during the autumn or (1) (a) and (b). A tenant customarily accepts winter before his waygoing; to allow his the subjects as in good and tenantable repair, successor to have access to work the fallow after and binds himself to leave them in like good and Candlemas ; to harrow and roll gratuitously tenantable repair, fair tear and wear excepted. the grass and clover seeds to be supplied and This provision, of little value in itself, should sown by his successor with the waygoing white be supplemented by a record of the condition crop; or otherwise as the custom of the district of the holding made under section 37 of the or the circumstances of the case may demand. 1923 Act at or soon after the tenant's entry. (7) Bankruptcy of Tenant.—It is useful to Expense saved by curtailing the lease will go supplement section 12 (1) (d) and section 25 far to meet the cost of a record, and the value of the 1923 Act with provision for an immediate of a record may be enormous.
irritancy, enforceable in the landlord's option, The management clause may also contain an with power to the landlord to resume and relet, agreement; in virtue of section 3 (4) of the 1923 in the event of the tenant's bankruptcy. Act, as to the terms on which drainage improve- A minute of lease on these lines may be ments are to be executed-e.g. that the land- compressed into a few regulation sheets, and in lord will provide the drain-tiles, the tenant the the matter of clearness and easy reference it labour ; that the landlord will charge no gains by the compression. When read along interest on his outlay, in consideration of which with the provisions of the Agricultural Holdings the tenant will receive no compensation at Act, it contains—it is submitted all that is waygoing. Further, the tenant may usefully necessary; and when supplemented by a be taken bound to perform, gratis, all carting record of the holding made at or soon after the required in connection with repairs or improve- tenant's entry, it is more conducive to amicable ments during his tenancy.
working and to a peaceful waygoing. “ when (5) Ingoing.–Provisions ruling the tenant's the long trick's over " than would have been the ingoing vary considerably with districts and case had it been spun out to the many weary with circumstances. For instance, the tenant pages with which we are all too familiar. may have right of access to work the fallow land after Candlemas, and right to sow grass and clover seeds with the waygoing tenant's The University Court of the University of white crop, the latter being bound by his lease Edinburgh have received with much regret to harrow and roll gratuitously. The tenant an intimation from Professor J. Hepburn will further oblige himself to pay the waygoing Millar, M.A., LL.D., Professor of Constitutional tenant for his labour in ploughing the fallow Law and Constitutional History, of his intention and for the seeds sown with his penultimate to resign his Chair as from the end of the white crop, and to buy the waygoing white academical year on grounds of ill-health. crop and the dung at valuation. If the land
A native of Edinburgh, Professor Hepburn lord meets the waygoing tenant's claim for Millar is a son of the late Lord Craighill. He unexhausted manures and feeding stuffs, he was educated at Edinburgh Academy, where he may consider it advisable to contract with
was dux of the school in 1881, and at Balliol the incoming tenant, who will enjoy the whole College, Oxford, where he took first-class benefit of these improvements, that the com- honours in Classical Moderations and first-class pensation paid to the waygoing tenant will be honours in Literæ Humaniores. He thereafter deducted from any compensation for improve studied law at Edinburgh University, where ments due to the incoming tenant when his he graduated as LL.B. (with distinction). He tenancy comes to an end (Buchanan v. Taylor, passed advocate, and was called to the Bar in 1916 S.C. 129).
1889. Mr Hepburn Millar is the author of a (6) Waygoing. The clause regulating the work on the Law of Prescription." He has
) tenant's waygoing may be curtailed if section written the “ Mid-Eighteenth Century,” a short 36 of the 1923 Act is borne in mind. When history of European literature from 1714 to notice to terminate a tenancy has been given 1778, and he is widely known as the author of by either party, the tenant may not sell or "A Literary History of Scotland.” Mr Hep
“ remove from the holding any manure or com- burn Millar was appointed Professor of Conpost, or any hay or straw or roots grown in the stitutional Law and Constitutional History in last year of the tenanoy, till he has given the 1909. landlord or incoming tenant an opportunity of agreeing to purchase. He need no longer
THE LATE MR ROBERT ADDISON
ment (Scotland) Bills of 1889 and 1894 and of SMITH, C.V.O., S.S.C.
the Private Legislation (Scotland) Bill, 1899, Mr Addison Smith was a keen protagonist.
mu you By the death, which occurred on the 2nd inst., These, and his services to the late Duke of
su after a few weeks illness, of Mr R. Addison Buccleuch, then Lord Dalkeith, during his Smith, senior partner of the firm, R. Addison electoral campaign are well known." His work Smith & Co., W.S., the legal profession loses one as a lawyer and a business man are equally of its most distinguished and most honoured widely known and appreciated. Law Agent members.
for the Edinburgh Parish Council, the Board of For fully half a century Mr Addison Smith Control, and Registrar of Friendly Societies, he occupied an eminent place in legal and political had also a very large private practice which circles. His inde
prevented him fatigable activities
from accepting the on behalf of the
office of Crown Scottish Conserva-'!?
Agent, which was tive Party
offered him by familiar to most
Lord Advocate Scotsmen, and his
Clyde. intimate associa
On the Council tion in the found
of the Society of ing of the Scottish
Solicitors in the Conservative Club,
Supreme Courts of which he was an
Mr Addison Smith original member,
rendered good serfollowed by a long
vice, and the active career, first
handsome library as secretary and
of that body owes latterly as member
to his generosity of its General Com
the valuable eightmittee and as
day clock, which chairman, were
he presented on fully recognised
retiring from the and valued by all
office of Fiscal. the members of
The Presidentship that flourishing
of that Society institution. It
he declined, as as a a slight
he did several token of their
other honours, high esteem that the members engaged Sir during his earlier career. George Reid to paint Mr Addison Smith's Everything that tended to the promotion of portrait in oils for an honoured place on the the public welfare found in Mr Addison Smith a walls of the Club. Another portrait was pre- strong and constant supporter, eloquent testisented to Mrs Addison Smith.
mony of which is found in his tenure of office as Along with other Scottish Conservatives Mr Representative of the S.S.C. Society on the Addison Smith took a prominent part in the Board of Management of the Royal Edinburgh meetings which led to the introduction of Lord Infirmary, and as treasurer of the Queen Rosebery's Bill for the restoration of the Victoria School for the Sons of Soldiers at ancient office of Secretary for Scotland, which Dunblane. had been in abeyance since 1725 (with the
ex- Mr Addison Smith was a staunch member of ception of the nominal secretaryship held in the Church of Scotland, and for many years was 1731 and 1745), and which was in consequence an elder of St Giles and a conspicuous figure in restored in 1885.
the debates of the General Assembly.. For the introduction of the Local Govern- He twice declined the offer of a knighthood,
but accepted membership of the Royal Victorian Lord Sands, in seconding, said that they had Order, conferred upon him in 1908 in recogni- heard a great deal recently of the influence of tion of his services to the Queen Victoria School, the mind over bodily health, and he thought and the further honour of a Commandership of that while the mind had a power exercising a that Order in 1917.
recuperative influence over bodily health, 80 Mr Addison Smith is survived by his widow, the mind if it was in an unsatisfactory and a daughter of David Lind, the builder of the distressful state was a serious obstacle to the Scott Monument, and by three daughters and maintenance and recovery of bodily health. four sons.
But apart from that consideration there was no doubt that mental worries and anxieties cause
severe suffering and distress, and relief of mental THE EDINBURGH LEGAL DISPENSARY. worry, anxiety, and distress was just as much
The twenty-fifth annual meeting of sub- a field of beneficence as the relief of bodily scribers and friends was held in the Goold Hall
, suffering. Accordingly, in the dispensary they 5 St Andrew Square, on Wednesday, 25th March were not merely doing something for the general 1925, at 4 P.M.
social improvement of the community-and Sir George M. Paul, LL.D., presided.
much excellent work was done in that direction Among the apologies for absence was one --but they were doing work that was truly from Sir R. W. Philip, M.D., who, in the course charitable, truly beneficent, and truly bringing of his letter, wrote:
comfort to the distressed and suffering.
The resolution was put to the meeting and Reference is made in the twenty-fifth annual was carried unanimously. report to the foundation of the Legal Dispensary by The Rev. Canon Geoffrey Gordon moved the the late Mr J. P. Coldstream, W.S., 'on the analogy second resolution : That this meeting exof medical dispensaries. It is fitting that on the pressed its admiration of and sympathy with
' present occasion the founder's purpose and aspirations the work of the Edinburgh Legal Dispensary: should be recognised.
“ The Legal Dispensary embodied an adaptation, He referred to his experience as a barrister in in respect of law, of the principles and methods developed connection with the Poor Man's Lawyer in the sphere of preventive medicine by the Victoria Department of the Cambridge University Dispensary for Tuberculosis-an institution in which Settlement, London, and remarked that it was Mr Coldstream had taken a keen interest.
a feature there as well as at the Legal Dis“While the founder of the Legal Dispensary took pensary that litigation was discouraged. care that the institution should afford advice on points Baillie Couston, in seconding this resolution, of law, free of charge to persons unable to pay for advice, said that if ever a body deserved the motto there was more in his mind than that. As the price Service not Self” it was this institution. He motive of the Tuberculosis Dispensary had been the made special reference to the services of the prevention of tuberculosis in a wide sense, and the
Defensor in the Police Court. treatment of individual cases was largely incidental, so the leading purpose of the Legal Dispensary was the
The resolution was unanimously adopted. prevention (or limitation) of hardships—legal and
Sheriff Jameson moved the third resolution : illegal—by considerate study of the circumstances and “That William C. Johnston, Esq., D.K.S., sympathetic attempt at amicable settlement.
the Rev. Canon Geoffrey Gordon, and Thomas “Mr Coldstream consulted me frequently as to his Liddle, Esq., S.S.C., be appointed vice-presipurpose and was clear regarding the analogy he wished dents of the institution ; that the directors who to follow. His object was clarification and adjustment retire by rotation, Messrs A. B. Noble, W.S., of claims on simple
, strong lines, in order that, as far Henry H. Brown, Procurator-Fiscal, and E. as possible, litigation might be obviated. His ideal was Denholm
Young, W.s., be re-elected ; and that largely preventive. The report shews how thoroughly all the other directors and office-bearers be the founder's purpose is being realised.”
reappointed.” Mr Joseph Chalmers, S.S.C., secretary and This resolution was seconded by Mr Alexander treasurer, laid on the table the twenty-fifth Robb, manager of the Commercial Bank of annual report.
Scotland Ltd., and was passed unanimously. The chairman traced the history of the growth Mr W. T. Ketchen, W.S., moved a hearty of the dispensary and referred to various vote of thanks to the chairman, and Sir features of the report. He remarked that George M. Paul having replied, the meeting special thanks were due to the young lawyers terminated. who attended at the dispensary, and again The report reads as follows: emphasised that the dispensary did not en
The directors have pleasure in submitting their courage litigation.
twenty-fifth annual report. The chairman moved the first resolution :
The dispensary held its first sederunt on 27th That the report be held as read, approved February 1900, and attains its semi-jubilee this of, and circulated."
year. It was founded by the late Mr John P. Cold