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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.
Sorrel v. Smith, 152.

Soviet Republics Union v. Belaiew, 216.

U.S. SHIPPING BOARD v. Strick & Co., 24, 72.

Swedish Central Railway Co. v. Thompson, 112. | WHITE v. Robertson, 120.

[Scots Law Times, December 19, 1925.

DECISIONS IN THE ENGLISH COURTS.

INDEX OF MATTERS.

Agent and Principal; Del Credere Agent; Sale; | Copyright; Reproduction of Several Literary
Rights of Buyer against Seller's Agent,

8.

Bills of Exchange; Bill drawn by Debtor and
handed by Indorsees to Creditor; Pay-
ment on Security, 180.

Signature by Two Directors of Company;
Insufficient Qualification; Liability, 187.

Company; Special Resolution; Meeting for
Confirmatory Resolution adjourned;
Validity of said Resolution passed at
Adjourned Meeting, 120.
Carriage by Sea; Bill of Lading; Application
of Conditions after agreed Alteration of
Port of Discharge, 120.

Deviation; Exceptions, 120.
Exceptions; Unseaworthiness, 48.
Charter-party; Cargo; Delivery "“along-
side"; Custom of Port inconsistent with
Express Obligation, 168.

Cargo; Obligation to load Full Cargo
prevented by Custom of Port, 215.
Demurrage; Delay owing to Ships
having Prior Turns to Load, 24, 72.
Demurrage; Readiness to Load;
Ship ordered from Port by Auth-
orities, 88.

Duty to provide Cargo; Exceptions,
59, 184.

Duty to provide Ship; Cancelling
Clause; Readiness to Load, 140.
Freight; Rate of Freight; Depend-
ence on Price of Bunkers; Broker-
age and Leadage in Price, 59.
Port of Call; Duty to Wait for Orders,
180.

Contract; Breach; Remoteness; Damages
claimed by Third Party; Expenses,
187.
Post-office Servants' Civil Pay during War
Service; Whether War Bonus included,
48.

Works after Author's Death in One
Volume; Price on which Royalty cal-
culated, 128.

Husband and Wife; Divorce; Adultery; Con-
donation, 152.

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Landlord

Loan;

Protection of Animals; Shooting at
and Wounding Dog, 201.

and Tenant ; Rent Restriction ;
Apportionment of Rent, 120.

House Let Unfurnished but Furnished
and Sublet by Tenant, 59.
Period during which Over-payments
of Rent by Tenant recoverable, 59.
Possession; Whether Landlord had
taken Actual Possession, 99.
Premium or Rent; Fourteen Years'
Lease on Rent, Weekly Premium
and Lump Premium, determinable
by One Week's Notice, 216.
Shop or Dwelling-house, 128.
Money-lender; Agreement by Debtor to
Submit to Judgment; Attempt to Re-
open Transaction; Res Judicata, 216.

Police; Coal Strike; Payment for Special
Services protecting Mine, 72.
Public Authorities' Protection; Limitation of
Action; Medical Practitioner protected
by Act; Action for Negligence, 172.

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Settled Property; Resettlement after
Disentail; Aggregation, 24.
Income Tax; Assessment; Use of Farmer's
Land under Special Agreement, 7.
Assessment of Agents, 168.

Betting; Winnings from Betting at
Starting Prices, 120.

Company Registered in Great Britain
to work Mines in Bolivia, 140.
Dual Residence; Company operating
in Sweden registered in United
Kingdom, 112.

Liability in Year 1920-21 for Interest

on Exchequer Bonds redeemed in
February 1920, 180.
Subscriptions of Medical Officer of
Health to Medical and Scientific
Societies, 116.

Sale; Auction; Warranty by Auctioneer of Seller's Title, 184.

Sale or Return; Passing of Property, 152. Ship; Damage caused by Mutual Fault of

Injured Ship and Another Ship; Apportionment, 216.

Slander; Verbal Injury; Unwarranted Use of Imprint of Printers, 216.

Statutes; Companies (Consolidation) Act, 1908, 120.

Copyright Act, 1911, 128.

Finance Act, 1894, 24, 180.

Finance Act, 1900, 24, 24, 180.
Finance Act, 1907, 24.

Finance (1909-10) Act, 1910, 24, 180. Income Tax Act, 1918, 7, 112, 116, 120, 168.

Increase of Rent, etc. (Restrictions) Act, 1920, 59, 59, 120, 216.

Money-Lenders Act, 1900, 216.

Protection of Animals Act, 1911, 201. Ready Money Football Betting Act, 1920, 120.

Rent, etc., Restrictions Act, 1923, 59, 99.
Sale of Goods Act, 1893, 152.
Workmen's Compensation Act, 1906, 72,
88, 88, 152, 187.

Workmen's Compensation Act, 1923, 48, 72, 88, 88, 152, 187.

Workmen's Compensation; "Accident arising out of"; Workmen eating Meals in Fenced-off and Forbidden Disused Workings, 48.

Miner Killed trying to Rescue, from
Firedamp, Boy whom he had sent
to another Mine for a Tool, 187.
Workman Injured while doing Work
at Home against Orders, 88.
Bankruptcy of Company; Limitation of
Amount of Preferential Payments of
Compensation, 72, 88.

Dependants; Illegitimate Grandchild;
Child," 152.

Employer Resident Abroad; Jurisdiction;
Service, 172.

Weekly Payments; Subsequent Death;
Amount payable to Dependants, 88.

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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 which are clearly applied to references to prior deeds for descriptions shall apply also to deductions of title, namely, (1) the omission of designations; (2) naming the first party only, adding and others"; and (3) in the case of trustees, saying 'the trustees (unnamed) of A. B. (undesigned)." But no doubt is entertained that all these short methods are unobjectionable in deductions of title, and also in references to conditions of title.

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Sect. 4. Notices of Title.-This new document ends with the statement that the necessary writs "have been presented to me Y. Z. [designation] notary public [or law agent]." What does designation mean and require? It is assumed that it will be fully satisfied if the clause reads " W.S., Edinburgh, law agent," or S.S.C., Edinburgh, law agent," or advocate, Aberdeen, law agent." But will it be enough to say, for example, "Edinburgh, law agent," or "residing in Edinburgh, law agent"? If not, or if there is any doubt, one alternative is to insert the office address before "Edinburgh.

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Sect. 7, Sch. C, 1.-These relate to assignations, endorsed or apart, of unrecorded special dispositions. They attain almost the irreducible minimum of dimensions, in which respect they greatly improve upon the corresponding forms attached to the 1868 Act. But the latter forms contemplated further enlargements by the expression of "other particulars, if any, which ought to be specified." The new forms express the term of entry (as the 1868

implied, and it is understood that it has never been decided that the common law is to the same effect. As to warrandice, the clause in the new form is "And I grant warrandice," and it is probably right to infer that the framers of the Act intended that the effect should be the same as attaches to those identical words under section 8 of the 1868 Act. But it is thought that that cannot be, for that interpretation is limited to the clause when occurring in a disposition of lands, whereas here we are dealing with something totally different, namely, an assignation of a deed. The 1868 clause of warrandice is a highly technical conception; it gives absolute warrandice though occurring in a disposition which embodies a compromise, or is purely gratuitous, or even testamentary. It is thought to be certain that this would not hold in the case of an assignation of an unrecorded disposition, though no doubt it would be so if the assignation were fully onerous. Probably these assignations will be few and far between.

Sect. 9 makes it unnecessary to refer, in security writs, to conditions of title. It might have been expected that the section would have gone on to say that the reference should be implied, and that the position should be the same as though there had been an express reference, but it does not. But the security, so long as it remains a security, is only a pledge of the property estate, and, as such, is necessarily subject to the qualities and fetters of the property title. The superior or other party always has the right to compel a reference in

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the property title, at least if the direction for reference is properly fenced; and if and when the security blossoms into an absolute estate, the section is express that the dispensation terminates. Indeed, it is proper to note that, when a bond does not contain the reference, any forfeiture decree under the 1894 Act "shall' do so; and this is absolute, whether the direction to refer is fenced or is not. The dispensation provided by the section will apply to bonds of annuity, but not to dispositions in liferent.

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Sect. 11. This allows a minute of consolidation to be written on the title to the second fee, before it is recorded, and so the title and minute are recorded together, and consolidation is complete. The section assumes that the title to the second fee will be a "disposition," which word is not understood to have any expanded interpretation. It appears, therefore, that this shorthand method is not available if the second fee is acquired in any other way (say, by service, or by bequest and notice of title), though it might cover a disposition transmitted by assignations, at least if also endorsed on the disposition. This limitation may have been intended, or it may not.

all heritable creditors must concur; but even
then is it clear that the augmentation is
effectually secured, with the same ranking as
the original ground-annual, or indeed at all?
If so, on what principle or authority?
Sect. 14. The ultimate abolition of real
warrandice will not trouble many people. In
modern practice situations which in former
days were provided for by this form of cover are
put through by payment of a moderate premium
to an insurance company for an indemnity
policy, and it is thought that not even this
section will prevent the constitution of heritable
security in favour of the company for relief
against the indemnity.

Subsection (2) extinguishes all existing rights of real warrandice on 31st December 1944; that allows twenty years after the commencement of the new Act, which is to be the fullest period of the positive prescription, and the idea is that, therefore, the title to the principal lands must have been perfected within that time, and so the ending of the real warrandice is no loss. But there is this difference that the holder of the real warrandice had forty years after 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. The allocation is to be binding on heritable creditors, except "existing heritable creditors," an exception which surely swallows up the rule. This means that heritable creditors must sign the allocation, and it is thought that this includes bondholders on the property as well as those on the superiority.

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Sect. 15.-There is some reason to think that an agreement for transmission of a bond obligation, made by a gratuitous successor in a form adapted from Schedule A (2), would not be an absolute obligation, but would import the qualification of quantum lucratus, and, in short,. would operate only to permit summary diligence,. and even that only in the special form introduced by section 47 of the 1874 Act. Much better have an absolute corroboration with consent to execution in ordinary form.

It seems strange that there is nowhere provided any form for allocation of a groundannual. An allocation of that nature is contemplated 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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