THE LATE SECOND LIEUTENANT ADVOCATE. The Faculty of Advocates has sustained many grievous losses recently, but none will be more deeply regretted than the death of Second Lieutenant David Lyell, who fell in action on 12th July. The only son of Mr David Lyell, W.S., Mr Lyell was born in 1888. He had a distinguished career both at school and university. At Merchiston Castle, after capturing several of the most coveted trophies, he gained the Gold Letters which denote the dux of the school. He then proceeded to Balliol College, Oxford, with the Rogerson Scholarship, and in due course took B.A. degree, having passed through the School of Jurisprudence with honours. While attending the law classes at Edinburgh University -where he graduated as LL.B. in March of last year -he spent some time in the office of Messrs Hope, the Todd & Kirk, W.S. As secretary of the Speculative Society, he carried through all the arrangements for the recent successful celebration of its 150th anniversary, and he was elected president of the society at the end of the session of 1914. distinguished itself in Gallipoli. His company led an attack on 28th June which materially helped to consolidate our grip on the peninsula, and he was the only officer of the company who survived that day. After that ordeal he had his share of daily fighting and exhausting fatigue duties. On 12th July he was in command of his company, and was sent forward in support of another battalion which was hard pressed. He was successful in relieving the situation and took a Turkish trench with great dash and skill, but when consolidating the position against counter attack he was instantly killed by shrapnel. Mr Lyell was a man of great energy, and thorough in everything he undertook. He excelled in games as he excelled in study. Endowed with cheerfulness and humour, he was a delightful companion, and could both talk and listen well. He was brave almost to a fault, and his courage and good humour won and held the affection of his men. He leaves behind him a fine record, and his memory is cherished by many close personal friends. COURT OF SESSION BUSINESS.-The Outer House had a deserted appearance on Tuesday, He was admitted to the Faculty of Advocates Lord Ormidale and Lord Anderson being the in July 1914, and his many friends confidently only judges who were sitting there. Lord predicted for him a rapidly successful career. Guthrie and Lord Skerrington were absent on But for him, as for many others, the outbreak circuit, and as Lord Johnston was indisposed, of war changed every prospect. With character- Lord Cullen was required to make up a quorum istic zeal he applied himself to the study of in the First Division. Lord Dewar was sitting in war, and he obtained a commission in the 7th the Second Division, hearing an application for Battalion of The Royal Scots-a battalion which, a new trial in a case in which he had acted as after cruel decimation at Gretna, has greatly presiding judge, and Lord Hunter was engaged in the work of the Commission which is enquiring into the raising of rents in industrial areas. A SITTING of the High Court of Justiciary was opened in Glasgow on Tuesday. Lord Guthrie presided in the North Court, where Mr M. P. Fraser, assisted by Mr Archibald Crawford, prosecuted. In the South Court Lord Skerrington presided, and Mr William Mitchell, assisted by Mr J. A. Gilchrist, appeared for the Crown. WE regret to record the death of Mr William Ivory, the senior member of the Scottish Bar. Mr Ivory was a son of the late Lord Ivory, a distinguished judge of the Court of Session, and was admitted to the Faculty of Advocates in 1849. He was for many years Sheriff of Inverness, Elgin and Nairn, an office which he resigned in 1900. It was during his tenure of office that the crofter disturbances occurred in Inverness-shire, and in quelling these he had to be supported by military and naval forces. Mr Ivory, who was twice married, is survived by a son, Mr James Ivory, C.A., and three daughters. His eldest son, Mr Holmes Ivory, W.S., died last year. His successor as Father of the Faculty of Advocates is Mr John Boyd Kinnear, who became a member of the Bar in 1850. WE regret to record the death of Mr Ivor Forsyth Grant, advocate, of wounds received in action at the Dardanelles. He was the son of Mr. G. J. Forsyth Grant, advocate, and was admitted to the Faculty of Advocates in 1913. We hope to publish a portrait and biographical notice of Mr Forsyth Grant in a future issue. THE Law Committee of Edinburgh Town Council have recommended the appointment of Major C. D. Murray, K.C., as legal assessor to the city, in room of the late Mr F. T. Cooper, K.C. Major Murray, who is one of the most eminent counsel at the Scottish Bar, was born in 1866, and was educated at Edinburgh Academy and Edinburgh University. He was admitted to the Faculty of Advocates in 1889, and took silk in 1909. He is the prospective Unionist candidate for the South Division of Edinburgh, which he contested at the General Election in December 1910. Major Murray, who had retired after about twenty years' service in the Forth Division, Royal Engineers, left the Bar at the conclusion of the winter session in March last to devote himself to military duties. He was appointed colleague to Colonel Newbigging as one of the military advisers to the Scottish Volunteer Association, and he also acts as Commandant of the Edinburgh Volunteer Corps. LAW AGENTS' EXAMINATIONS.-The quarterly Examination in Law conducted by the Board of Examiners of Law Agents was held in Edinburgh last week. Eight candidates presented themselves for examination. Five of these were examined in all the subjects and four passed; and three graduates in law holding the LL.B. or B.L. degree of the Scottish Universities were examined in Court Procedure and all passed. The following candidates have passed the Examination in Law, viz. :—Mark Aitken, Glasgow ; Alexander Abraham Levy Easterman, M.A., LL.B., Glasgow; Robert Ainslie Morison, M.A., LL.B., Aberdeen; Hugh Douglas Sempill, M.A., LL.B., Glasgow; John Crozier Shannon, Hawick; George Wilson Turner, Glasgow; Andrew Lean Wark, Glasgow. MR J. M. LOCHHEAD, Sheriff Clerk of Renfrewshire, and Clerk to the Lieutenancy of the County, died on 20th October at his residence in Paisley. He was in his 75th year. Mr Lochhead was the senior partner in the firm of Messrs M'Innes, Mackenzie & Lochhead, writers, Paisley. The second son of the late Mr Matthew Lochhead, thread manufacturer, he qualified when quite a young man for the law, but immediately afterwards left Paisley to engage in sheep farming in Australia. Thereafter he made a visit to South America, and returning home he entered the service of Messrs M'Innes & M'Farlane, with whom he had served his law apprenticeship. In 1876 he was assumed as a partner in the business, and in 1881 was appointed sheriff clerk of the county. During the long period that he held the office he was associated with many Sheriffs, three of whom became Judges of the Court of SessionLord Fraser, Lord Moncreiff, and Lord Pearson --and as the responsible official for the various elections in the county and the burghs of the county he was well known among all sections of political parties, and was highly esteemed for his urbanity of manner and his care for the convenience of candidates and agents. Mr Lochhead is survived by a widow and grown-up family. Greenwood v. J. Hall & Co. Ltd. WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SCHEDULE I (1)— DEATH - COM PUTATION OF COMPENSATION. A workman, killed by accident in the course of his employment, had been working for the same employers in the same grade with the exception of certain periods amounting to six months in which he had been ill. His total earnings during the three years exceeded £150. In an application by his dependants for compensation, held that the amount recoverable was the total sum actually earned during three years, and not the sum which the workman would have earned if he had been continuously at work during that period. Court of Appeal (Lord Cozens-Hardy M.R., Pickford and Warrington L.JJ.).-8th June 1915. - Drummond v. Collins. REVENUE- INCOME-TAX— REMITTANCE FROM ABROAD - MAINTENANCE OF INFANTS-INCOME TAX ACT 1842 (5 & 6 VICT. CAP. 35), SECTIONS 41, 100—INCOME TAX ACT 1853 (16 & 17 VICT. CAP. 44), SECTION 2, SCHEDULE D.-A testator living abroad made provision for certain grandchildren resident in England, and authorised his trustees to make payments out of income (which otherwise fell to be accumulated) for their maintenance and education. The trustees remitted certain sums to the children's mother in England for these purposes. Held that the sums so remitted were assessable for income tax. Decision of Court of Appeal (1914 S.L.T. 82) affirmed.-House of Lords (Earl Loreburn, Lords Atkinson, Parker of Waddington, Parmoor, and Wrenbury).-10th June 1915. J. & C. Harrison Ltd. v. Dowling. THE ARMY -- WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SCHEDULE I (14) (18)-WORKMAN IN RECEIPT OF COMPENSATION-ENLISTMENT IN SENT ABROAD.-A workman in receipt of weekly sums of compensation enlisted in the army, and was sent to India with his regiment. In an application by the employers to have the compensation suspended, held (1) that the workman by going to India under orders was not obstructing medical examination, and (2) that he was not ceasing to be resident in the United Kingdom, and therefore that the employers were not entitled to the suspension sought.-Court of Appeal (Lord Cozens-Hardy M.R., Pickford and Warrington L.JJ.).—11th June 1915. Duncan, Fox & Co. v. Schempft and Bouke. WAR-CONTRACT OF SALE-EFFECT OF WAR. Chilean honey was to be shipped to Hamburg On the outbreak of war with Germany a Royal for payment in exchange for shipping documents. Proclamation dated 5th August 1915 forbade trading with Germany. On the same day the sellers intimated to the buyers that the shipping documents were at their disposal. The buyers refused to accept the documents. In an arbitration between the parties, the arbitrator stated a case for the opinion of the Court. Held that the buyers were entitled to refuse to carry out the contract. Decision of Atkin J. affirmed.Court of Appeal (Swinfen Eady, Phillimore and Bankes L.JJ.).-15th June 1915. MOTOR CAR ACT, 1903 (3 EDW. VII. CAP. 36), SECTION 4 (1) — USING POWERFUL LIGHTS -ENDORSEMENT OF CONVICTION ON LICENCE.An order made under the Defence of the Realm (Consolidation) Regulations 1914 made it an offence to use powerful lights on a motor car. Held that if the order is contravened by a person while he is driving a car, an offence is committed "in connection with the driving of a motor car," and a conviction for such an offence must be endorsed on the offender's licence.-K. B. Div. (Lord Reading C.J., Ridley and Scrutton JJ.).— 17th June 1915. LAW LIBRARY. BOOK NOTICES. Judicial Interpretations of the Law Relating to This, the latest, work upon that fruitful source -By contract made in May 1914 a quantity of of litigation, the Workmen's Compensation Act, is avowedly an attempt at codification of the with suspension, which is discussed in all its law, based upon the Act and judicial construc- aspects of suspension, suspension and interdict, tion of its clauses. The rapidity with which suspension and liberation, and suspension of decisions upon this branch of law are accumulating decrees. Then the author deals with those and the refinements of distinction which many classes of petitions which properly belong to the of them exhibit tend so frequently to confusion jurisdiction of the junior Lord Ordinary, but and bewilderment rather than elucidation that which are presented in the Bill Chamber in Mr Chartres needs no excuse for essaying a task consequence of the provisions of the Clerks of which, in view of some recent decisions, might Session Regulation Act, 1889; then follow otherwise seem premature. The rules which chapters on sequestration, petitions under the the author deduces are lucidly and briefly stated, Lands Clauses Acts, railway and canal valuation while the principle upon which the authorities appeals, and miscellaneous applications. Appliin support of them are set forth is the presenta- cations which may be disposed of by the Clerk tion of extracts from the opinions of the judges, of the Bills come next, and the book closes with a short head-note being prefixed setting out chapters on the Bill Chamber in vacation, and the facts of each case. The extracts appear to on the emergency legislation resulting from the have been judiciously chosen, and in this respect war, in so far as it affects Bill Chamber practice. the work should prove of considerable value, The book is well and clearly written; we canespecially to those who have not the opportunity not help wishing that the author would turn his at the moment of consulting the report of the attention to the whole subject of the procedure case. The cases cited cover the whole field of of the Court of Session, on which a comprehensive English, Scotch, and Irish decisions, and from work is badly needed. their number it may be assumed that practically every reported case has been noticed. The grouping together in one volume of the reported decisions in this way should prove useful, although the manner in which the cases are cited in the body of the work is perhaps open to criticism. The Table of Cases, however, contains references to the whole series of reports, and should obviate any difficulty likely to be caused by the scantier references throughout the book. A curious omission in a work of this kind is that the Act itself is nowhere printed, although Mr Chartres has not failed to notice the warnings in recent judgments of the House of Lords that the ultimate criterion must always be found in the words of the Act itself. On the whole, the book should prove a useful addition to Workmen's Compensation literature, and should materially assist those engaged in the practical application of this intricate branch of law. Bill Chamber Practice. By James Anderson Price 31s. 6d. nett. The practice of the Bill Chamber occupies a small corner of the vast subject of the procedure of the Court of Session. But it is a very important branch of practice, and a book on the subject is specially welcome, because the Bill Chamber is, amongst other things, the emergency department of the Court, where despatch is often essential, and it is of importance to the practitioner to have information on the subject readily available. Even, therefore, if this book had been a somewhat mediocre performance, we do not doubt that it would have paid its way. But this book is very far from being a mediocre performance-indeed it seems to us to be an altogether admirable work. Naturally, it begins Latin for Lawyers. London: Sweet & Maxwell The first part of this book is an elementary course in Latin, in which legal maxims and phrases are used as the basis of instruction; the second part consists of a collection of Latin maxims, with English translation, and, in the case of important maxims, notes illustrating their aspect; and the third part is a vocabulary. The book is intended to assist law students and younger members of the profession who have not them at once with the principles of the language a working knowledge of Latin by familiarising and the phrases which are met with in legal practice. The book strikes us as being calculated to enable the budding lawyer to worry through with even less than the very limited knowledge of Latin that he usually possesses. Whether this is a meritorious object is open to question, but such as it is it has been attained. Cases and Statutes on the Law of Evidence. By THE LATE MAJOR ALEXANDER WHITE, W.S. It is with great regret that we record the death of Major Alexander White, 5th Battalion the Royal Scots, of wounds received in action at the Dardanelles. Major White, who was thirty-three years of age, was the elder son of the late Mr Thomas White, Solicitor Supreme Courts, Edinburgh. He was educated at Edinburgh Academy and at Edinburgh University, of which he was an M.A. and LL.B. He served his apprenticeship to the law in the office of In Messrs Thomson, Dickson & Shaw, W.S., was admitted a Writer to the Signet in 1906, and joined the firm of Thomas White & Park, of which his father had been a member. addition to his professional work he took part for a number of years in the work of the Edinburgh Legal Dispensary. In 1912 he published a manual of the "Law of Town Planning for Scotland," which has proved to be a most useful law book. Major White joined the University Company of the Queen's Edinburgh Rifles at the age of seventeen; he received his commission in 1905, and had been made Captain prior to the outbreak of war. His soldierly gifts, his sense of duty and discipline, and his devotion to military work, to which he gave up much of his leisure, made him altogether an outstanding officer, and he enjoyed the affection and respect of the men whom he commanded. After the war broke out he was promoted to be Major, and in July he went out to the Dardanelles, where he took command of the 5th Royal Scots. He was wounded shortly after his arrival, and died on 9th September in hospital ship. Major White was a keen athlete, but he preferred nature and exercise to sport. As an undergraduate he was thrice president of the University Hare and Hounds, and he was an admirable horseman and mountaineer. He was well read, and had the same taste for somewhat difficult reading as he had for hard exercise. Unassuming in manner and very appreciative of other people's qualities, he has left friends to regret him among all sorts and conditions of men. Major White was married in 1913, and is survived by his widow and a daughter. THE latest list of causes standing for hearing in the House of Lords includes sixteen appeals, of which ten are from England, three from Scotland and three from Ireland. The Scots appeals are: Clydebank and District Water Trs. v. Fidelity and Deposit Company of Maryland; J. & P. Hutchison v. M'Kinnon; and Caldwell v. Caldwell & Co. (Papermakers) Ltd. The number of Scots appeals is exceptionally few, but this is probably due to an unusually large number of Scots cases having been heard just before the autumn vacation. In addition the list contains two Scots appeals awaiting judgment: Whitwell v. Walker and Donaldson v. Donaldson and Others, but since the list was issued judgment has been delivered in the case of Donaldson v. Donaldson. Now that Sir Edward Carson has resigned, the number of ex-Attorney-Generals has been brought up to seven. They are, in addition to Sir Edward himself, Earl Loreburn, Viscount Alverstone, Lord Robson, Lord Reading, Sir Robert Finlay, and Sir John Simon. Only one of them-Lord Reading-now occupies a paid judicial office. The ex-Solicitor-Generals |