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SCALES V. Atalanta S.S. Co. of Copenhagen, TURNBULL v. Turnbull and Coats, 152.

168. Simpson v. Tate, 116. Snowdown Colliery Ltd., In re, 72, 88.

U.S. SHIPPING BOARD v. Strick & Co., 24, 72. Sorrel v. Smith, 152. Soviet Republics Union v. Belaiew, 216. Swedish Central Railway Co. v. Thompson, 112. WHITE v. Robertson, 120.

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DECISIONS IN THE ENGLISH COURTS.

INDEX OF MATTERS.

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Agent and Principal; Del Credere Agent ; Sale ; | Copyright; Reproduction of Several Literary

Rights of Buyer against Seller's Agent, Works after Author's Death in One
8.

Volume; Price on which Royalty cal-

culated, 128.
Bills of Exchange; Bill drawn by Debtor and

handed by Indorsees to Creditor ; Pay- Husband and Wife; Divorce; Adultery; Con-
ment on Security, 180.

donation, 152.
Signature by Two Directors of Company ;

Evidence, 168.
Insufficient Qualification ; Liability, 187.

Insurance; Burglary Insurance; Concealment
Company; Special Resolution ; Meeting for

of Material Fact; Onus of Proof, 172.
Confirmatory Resolution adjourned ;

International Law; Counter-claim in Action by
Validity of said Resolution passed at

Foreign State; How Far Enforcible,

216.
Adjourned Meeting, 120.
Carriage by Sea; Bill of Lading; Application Justiciary; Evidence; Witness ; Credibility;
of Conditions after agreed Alteration of

Socius Criminis, 180.
Port of Discharge, 120.

Statutory Offence;, Betting ; Printing
Deviation; Exceptions, 120.

Coupons “to be Used for Credit only,
Exceptions; Unseaworthiness, 48.

120.
Charter-party ; Cargo; Delivery along-

Protection of Animals ; Shooting at
side”; Custom of Port inconsistent with

and Wounding Dog, 201.
Express Obligation, 168.
Cargo; Obligation to load Full Cargo Landlord and Tenant ; Rent Restriction ;
prevented by Custom of Port, 215.

Apportionment of Rent, 120.
Demurrage ; Delay owing to Ships

House Let Unfurnished but Furnished
having Prior Turns to Load, 24, 72.

and Sublet by Tenant, 59.
Demurrage; Readiness to

Load;

Period during which Over-payments
Ship ordered from Port by Auth-

of Rent by Tenant recoverable, 59.
orities, 88.

Possession ; Whether Landlord had
Duty to provide Cargo; Exceptions,

taken Actual Possession, 99.
59, 184.

Premium or Rent; Fourteen Years'
Duty to provide Ship; Cancelling
;

Lease on Rent, Weekly Premium
Clause: Readiness to Load, 140.

and Lump Premium, determinable
Freight; Rate of Freight; Depend-

by One Week's Notice, 216.
ence on Price of Bunkers ; Broker-

Shop or Dwelling-house, 128.
age and Leadage in Price, 59.

Loan; Money-lender ; Agreement by Debtor to
Port of Call; Duty to Wait for Orders, Submit to Judgment; Attempt to Re-
180.

open Transaction; Res Judicata, 216.
Contract; Breach; Remoteness; Damages

claimed by Third Party ; Expenses, Police; Coal Strike; Payment for Special
187.

Services protecting Mine, 72.
Post-office Servants' Civil Pay during War Public Authorities' Protection; Limitation of
Service; Whether War Bonus included, Action; Medical Practitioner protected

by Act; Action for Negligence, 172.

48.

PRE

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Reparation; Interference with Business, 152. Finance Act, 1900, 24, 24, 180.
Revenue; Corporation Profits Tax; Profit or Finance Act, 1907, 24.
Capital Increment, 99.

Finance (1909--10) Act, 1910, 24, 180.
Estate Duty; Property “Deemed to Income Tax Act, 1918, 7, 112, 116, 120,
Pass on Death of Annuitant, 24, 180.

168.
Settled Property ; Resettlement after Increase of Rent, etc. (Restrictions) Act,
Disentail; Aggregation, 24.

1920, 59, 59, 120, 216. Income Tax; Assessment; Use of Farmer's Money-Lenders Act, 1900, 216. Land under Special Agreement, 7.

Protection of Animals Act, 1911, 201.
Assessment of Agents, 168.

Ready Money Football Betting Act, 1920,
Betting; Winnings from Betting at 120.
Starting Prices, 120.

Rent, etc., Restrictions Act, 1923, 59, 99.
Company Registered in Great Britain Sale of Goods Act, 1893, 152.
to work Mines in Bolivia, 140.

Workmen's Compensation Act, 1906, 72,
Dual Residence; Company operating 88, 88, 152, 187.

in Sweden registered in United Workmen's Compensation Act, 1923, 48,
Kingdom, 112.

72, 88, 88, 152, 187.
Liability in Year 1920–21 for Interest

on Exchequer Bonds redeemed in Workmen's Compensation; “Accident arising
February 1920, 180.

out of”; Workmen eating Meals in
Subscriptions of Medical Officer of Fenced-off and Forbidden Disused

Health to Medical and Scientific Workings, 48.
Societies, 116.

Miner Killed trying to Rescue, from

Firedamp, Boy whom he had sent Sale; Auction; Warranty by Auctioneer of

to another Mine for a Tool, 187. Seller's Title, 184.

Workman Injured while doing Work Sale or Return; Passing of Property, 152.

at Home against Orders, 88.
Ship; Damage caused by Mutual Fault of Bankruptcy of Company; Limitation of

Injured Ship and Another Ship; Ap- Amount of Preferential Payments of
portionment, 216.

Compensation, 72, 88.
Slander; Verbal Injury ; Unwarranted Use of Dependants; Illegitimate Grandchild ;
Imprint of Printers, 216.

Child," 152.
Statutes; Companies (Consolidation) Act, 1908, Employer Resident Abroad ; Jurisdiction ;
120.

Service, 172. Copyright Act, 1911, 128.

Weekly Payments; Subsequent Death ; Finance Act, 1894, 24, 180.

Amount payable to Dependants, 88.

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LAW TIMES

INCORPORATING

THE SCOTTISH LAW REPORTER

1925.

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66

PRACTICAL CONSIDERATIONS ON THE forms did) and warrandice (which the earlier NEW CONVEYANCING ACT. forms did not expressly). But the new forms

do not contain (1) assignation of writs ; (2) The intention of this article is, without assignation of rents; and (3) obligation of relief attempting any systematic study of the Act, of feu-duties, etc. As to the second of these to draw attention to a good many special there certainly cannot be implied the 1868 matters which suggest themselves, and which are statutory form of assignation of rents with its of a nature that makes them important in prac- statutory interpretation, so that, if nothing tice. These are mentioned in the order, not of express is inserted, the rights of parties will be their importance, but of the sections of the Act. regulated by the common law, which is not

Sect. 2.-Deduction of title has been cur- always the same as the 1868 interpretation. tailed greatly, but it still plays an important As to No. 3, the real importance is in regard to part within a restricted sphere, and it is regret- casualties; again, the 1868 code cannot be table that it is not enacted that the abbreviations implied, and it is understood that it has never which are clearly applied to references to prior been decided that the common law is to the same deeds for descriptions shall apply also to effect. As to warrandice, the clause in the new deductions of title, namely, (1) the omission form is “And I grant warrandice,” and it is of designations ; (2) naming the first party probably right to infer that the framers of the only, adding “and others”; and (3) in the Act intended that the effect should be the same case of trustees, saying the trustees (un- as attaches to those identical words under named) of A. B. (undesigned).” But no doubt section 8 of the 1868 Act. But it is thought is entertained that all these short methods are that that cannot be, for that interpretation is unobjectionable in deductions of title, and also limited to the clause when occurring in a disin references to conditions of title,

position of lands, whereas here we are dealing Sect. 4. Notices of Title.—This new docu- with something totally different, namely, an ment ends with the statement that the necessary assignation of a deed. The 1868 clause of writs“ have been presented to me Y. Z. [designa- warrandice is a highly technical conception; tion] notary public for law agent].”. What does it gives absolute warrandice though occurring “designation

and require? It is in a disposition which embodies a compromise, assumed that it will be fully satisfied if the or is purely gratuitous, or even testamentary. clause reads " W.S., Edinburgh, law agent,” or It is thought to be certain that this would not “S.S.C., Edinburgh, law agent,” or “advocate, hold in the case of an assignation of an unreAberdeen, law agent.” But will it be enough corded disposition, though no doubt it would be to say, for example, “ Edinburgh, law agent, so if the assignation were fully onerous. Probably or “residing in Edinburgh, law agent”? If not, these assignations will be few and far between. or if there is any doubt, one alternative is to Sect. 9 makes it unnecessary to refer, in insert the office address before "Edinburgh." security writs, to conditions of title. It might

Sect. 7, Sch. C, 1.- These relate to assigna- have been expected that the section would tions, endorsed or apart, of unrecorded special have gone on to say that the reference should dispositions. They attain almost the irre- be implied, and that the position should be ducible minimum of dimensions, in which the same as though there had been an express respect they greatly improve upon the corre- reference, but it does not. But the security, sponding forms attached to the 1868 Act. But

But so long as it remains a security, is only a pledge the latter forms contemplated further enlarge- of the property estate, and, as such, is necessarily ments by the expression of “other particulars, subject to the qualities and fetters of the if any, which ought to be specified.' The new property title. The superior or other party forms express the term of entry (as the 1868 I always has the right to compel a reference in

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the property title, at least if the direction for all heritable creditors must concur ; but even reference is properly fenced ; and if and when then is it clear that the augmentation is the security blossoms into an absolute estate, effectually secured, with the same ranking as the section is express that the dispensation the original ground-annual, or indeed at all ? terminates. Indeed, it is proper to note that, If so, on what principle or authority ? when a bond does not contain the reference, any Sect. 14.—The ultimate abolition of real forfeiture decree under the 1894 Act “shall” warrandice will not trouble many people. In do so; and this is absolute, whether the direction modern practice situations which in former to refer is fenced or is not. The dispensation days were provided for by this form of cover are provided by the section will apply to bonds of put through by payment of a moderate premium annuity, but not to dispositions in liferent. to an insurance company for an indemnity

Sect. 11.—This allows a minute of consolida- policy, and it is thought that not even this tion to be written on the title to the second fee, section will prevent the constitution of heritable before it is recorded, and so the title and minute security in favour of the company for relief are recorded together, and consolidation is against the indemnity. complete. The section assumes that the title Subsection (2) extinguishes all existing rights to the second fee will be a disposition, of real warrandice on 31st December 1944 ; which word is not understood to have any that allows twenty years after the commenceexpanded interpretation. It appears, therefore, ment of the new Act, which is to be the fullest that this shorthand method is not available if period of the positive prescription, and the idea the second fee is acquired in any other way is that, therefore, the title to the principal lands (say, by service, or by bequest and notice of must have been perfected within that time, and title), though it might cover a disposition trans- so the ending of the real warrandice is no loss. mitted by assignations, at least if also endorsed But there is this difference that the holder of on the disposition. This limitation may have the real warrandice had forty years after been intended, or it may not.

eviction (not merely after the creation of the Sect. 13 authorises allocation of feu-duty by warrandice right) in which to enforce the claim separate deed, but only if recorded, and this is on warrandice, and in this respect the only retrospective; but section 8 of the 1874 Act is effect of section 17 of the new Act is to cut not repealed, and, therefore, it is still competent down the period to twenty years, but it still to have an allocation endorsed on the vassal's runs from the eviction date. In this light we title, and effective without being recorded. are not sure that we know what precisely is Both methods allow of augmentation, and one the effect of enacting that after 31st December cannot but wonder at the boldness of the 1944 real warrandice “shall be no longer operalegislators of 1874 who ignored the fundamental tive.” It may mean only that it shall not be requirement of publication on the sasine register " operative to avail against any eviction in the case of documents involving such a sub- which occurs after that date, and that if stantial change as is effected by an allocation ; eviction occurs in, say, 1944, the warrandice and not only that, but actually creating a charge is operative and its operation shall be enfor additional feu-duty in name of augmentation. forceable up to 1964 in terms of the Act, One may even wonder whether the augmentation 1617, cap. 12, as amended by section 17 of the is effectual as a real burden, having regard both 1924 Act. to principle and to section 23 of the 1874 Act. Sect. 15.–There is some reason to think

The allocation is to be binding on heritable that an agreement for transmission of a bond creditors, except “existing heritable creditors," obligation, made by a gratuitous successor in an exception which surely swallows up the a form adapted from Schedule A (2), would not rule. This means that heritable creditors must be an absolute obligation, but would import the sign the allocation, and it is thought that this qualification of quantum lucratus, and, in short, includes bondholders on the property as well as would operate only to permit summary diligence, those on the superiority.

and even that only in the special form introIt seems strange that there is nowhere duced by section 47 of the 1874 Act. Much provided any form for allocation of a ground better have an absolute corroboration with annual. An allocation of that nature is con- consent to execution in ordinary form. templated in section 25 (1) (d), and expressly Sect. 21. Terce and Courtesy. It is fortunate with augmentation, and there is something that these legal liferents do not frequently similar in section 40. But neither in this nor operate. Where the claims do arise it has been in any other Act is there any enactment on usual, at least in the case of terce, to settle by the subject or any form provided. It is agreement, and probably this practice will clear on principle that in the case of ground continue. There is nothing in the section to annuals neither allocation nor augmentation render incompetent such arrangements, whether can be effectual without recording, and that past or future ; but a purchaser of the property

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