Page images
PDF
EPUB

AINT

OF

[ocr errors]

REVENUE

CARRIAGE-TAX

register of shipping, and flying the Dutch flag,

Hepworth Manufacturing Co. v. Ryott. was captured as prize. The shares of the company were held by two other Dutch companies, the CONTRACT-RESTI

TRADE -USE OF shares of which in turn were all held by ACTOR'S STAGE' NAME—CONTRACT PROHIBITING German companies. In substance the vessel USE OF NAME BY ACTOR ON TERMINATION OF and her trade were part of the commerce and CONTRACT.—An actor entered into an agreement shipping of the German Empire, and her Dutch with a cinematograph film-producing company flag, ownership, and management were adopted to perform for them in connection with their merely for convenience. Held that as the centre production. The contract provided that if the and whole effective control of the business of company advertised the actor they would do so the owning company were in Germany the vessel under the pseudonym of Stewart Rome ; that was to be regarded as belonging to German the right to use such pseudonym should be the subjects, and must be condemned. Decision of sole property of the company; and that upon the Prize Court (Evans P.) affirmed.-Judicial the termination of the contract the actor should Committee of the Privy Council (Lord Sumner, not use the name for any purpose whatever. Lord Parmoor, Lord Wrenbury, Lord Sterndale, Held that the agreement not to use the name and Sir Arthur Channell).-31st July 1919. was unenforceable as being in restraint of trade,

oppressive, and affording more than reasonable

protection to the company. Decision of Astbury Britain Steamship Co. v. the King. J. (1919 S.L.T. 77) affirmed.—Court of Appeal British India Steam Navigation Co. v. Green. (Warrington and Atkin L.JJ., and Eve J.).—

16th October 1919. SHIP-CHARTER-PARTY-POLICY OF MARINE INSURANCE — “WARLIKE OPERATIONS." - Held that the expression "warlike operations" used

French v. Champkin. in a clause in a charter-party or policy of marine insurance, inserted for the purpose of excluding

EXEMPTION risks arising therefrom or for defining the risks VEHICLE USED SOLELY IN COURSE OF TRADEundertaken or insured against, implies the com- VEHICLE SUITABLE BUT NOT CONSTRUCTED OR mission of an act of belligerency or an act done

ALTERED FOR SUCH PURPOSE CUSTOMS AND with the object of meeting or avoiding an actual INLAND REVENUE ACT 1888 (51 vict. CAP. 8), or threatened act of belligerency, and (affirming SECTION 4, SUBSECTION (3). Held that in condecision of Bailhache J., 1919 S.L.T. 55) does not struing section 4 (3) of the Customs and Inland cover navigating without lights under Admiralty Revenue Act 1888 the words “or such other orders or (reversing decision of Bailbacbe J., 1919 vehicle" are to be read as ejusdem generis with S.L.T. 55) obeying the orders of the officer in the words “

waggon

and cart" and that command' of a convoy which are not given in " adapted” does not mean “suitable” but means consequence of an actual or threatened hostile “altered so as to make the vehicle apt” and that attack, provided the occupation of the vessel is a

a dealer and hawker who kept a Ralli car which peaceful one.-Court of Appeal (Warrington, be used solely in the course of his trade, for Duke, and Atkin L.JJ.). –31st July 1919.

which it was suitable but for which it had not

been specially constructed nor structurally In re Thellusson-Ex parte Abdy.

altered or added to, was therefore bound to take

out a carriage license in terms of the statute.BANKRUPTCY-LOAN TO BANKRUPT-LENDER K.B. Div. (Lord Reading C.J., Avory and AND BORROWER UNAWARE OF RECEIVING ORDER Sankey JJ.).—16th October 1919. AGAINST BANKRUPT- JURISDICTION OF COURT TO SET ASIDE TRANSACTION AND ORDER REPAYMENT BY TRUSTEE IN BANKRUPTCY—A loan

Califatis v. Olivier. was made to a bankrupt, the lender and borrower both being unaware that on the previous day a receiving order had been made against the bank- OWNER CAPTAIN CO - ADVENTURERS rupt. Held in an application by the lender to EXTERNAL ADMINISTRATION OF VESSEL have the transaction set aside and the official HANDS OF OWNER-AUTHORITY TO INSURE.receiver, as trustee in bankruptcy, ordered to The owner of a ship and the captain entered repay to him so much of the money as had into an agreement under which they became come into bis hands that the Court was entitled co-adventurers in the voyaging of the ship, the to order the trustee, as an officer of Court, to owner having the external administration of the repay the lender, on the principle of fair and vessel and the making of all arrangements conhonourable dealing as between man and man. cerning her voyage. Held that by the agreeDecision of Horridge J. (1919 S.L.T. 75) reversed. ment the owner had authority to insure the --Court of Appeal (Warrington, Duke, and Atkin vessel up to the full market value for the benefit L.JJ.).—31st July 1919.

of all concerned in the voyage and that it was

[ocr errors]
[ocr errors]
[ocr errors]

MARINE INSURANCE

SHIP

INSURANCE

AND

IN

en

SECTION

TO

INFORM CLIENTS

OF

his duty to insure up to the sum for which a occurrence of any kind whatever .... the reasonably prudent owner would have been con- builders shall be allowed an extension of time tent to insure.—K.B. Div. (Roche J).—20th for all time lost directly or indirectly by reason October 1919.

of the aforesaid matters.

At the date of these contracts the Government was

couraging the building of ships under private Fletcher & Son v. Jubb, Booth & Helliwell.

contracts; but before the defendants started

work on the vessels, orders were issued forLAW AGENT—NEGLIGENCE-ACTION AGAINST bidding the construction of any but standard PUBLIC AUTHORITY—PUBLIC AUTHORITIES PRO ships. It was impossible therefore at that time TECTION ACT 1893 (56' & 57 VICT. CAP. 61), for the defendants to proceed with the building 1-DUTY

of the ships. In November and December 1918 STATUTORY LIMITATION OF RIGHT OF ACTION.- the plaintiffs claimed that the defendants should Held that solicitors who were instructed to proceed with the contracts; but the latter refused. negotiate a claim of damages against a city In an action by the plaintiffs for a declaration corporation were bound to keep the provisions that the two contracts were valid and subsisting, of the Public Authorities Protection Act 1893, and that the defendants were bound to perform section 1, in view and were negligent in failing to the contracts, held (affirming judgment of inform their clients, when intimating an offer in Rowlatt J.

, 1919 S.L.T. 76) that the interfersettlement by the corporation, of the effect of ence on the part of the Government had so the provisions of the statute in the event of an changed the circumstances in contemplation of action not being timeously raised. Decision of which the parties had contracted that the docLawrence J. reversed.—Court of Appeal (Bankes, trine of frustration applied, and the action must Scrutton, and Duke L.JJ.).- 21st October 1919. therefore fail.—Court of Appeal (Lord Sterndale

M.R., Atkin L.J., and Eve J.). -4th November

1919. Ashrody v. Owners of S.S. " Edinburgh Castle."

SEAMAN

DE

WORKMEN'S COMPENSATION
CLARATORY AWARD-MERCHANT SHIPPING ACT
1906 (6 EDW. VII. CAP. 48), SECTION 34 (1)
WORKMEN'S COMPENSATION ACT 1906 (6 EDW.
VII. CAP. 58), SECTION 7 (i) (e).—Held that the

LAW LIBRARY.
fact that employers were paying his wages,
maintenance, and medical expenses, under

BOOK NOTICES. section 34 (1) of the Merchant Shipping Act 1906, to an injured seamen did not disentitle The Juridical Review. December 1919. Vol. the seaman to compensation under the Work

XXXI., Nos. 3 and 4. Edinburgh and men's Compensation Act 1906, although under

London: W. Green & Son Ltd. section 7 (i) (e) of that Act the weekly payment was not payable, and that the arbitrator was

The latest issue of the “ Juridical Review” is entitled to make a declaration of liability against a double number, containing articles of very the employers.-- Court of Appeal (Warrington various interest. Antiquarian interests, scientific and Atkin L.JJ., and Eve J.).—31st October 1919. jurisprudence, modern law, both British and

foreign, and even personal gossip are represented.

On the more serious side Mr F. P. Walton's Woodfield Steam Shipping Co. Ltd. v. learned article on “The French Administrative J. L. Thompson & Sons Ltd.

Courts” deserves a special word of notice, for

it touches on a vital difference between British CONTRACT PERFORMANCE- DELAY DUE TO and Continental jurisprudence which deserves GOVERNMENT INTERFERENCE-FRUSTRATION OF to be further studied. Antiquarian research is CONTRACT.-In 1916 a firm of shipbuilders con represented by an article by Mr Hilton Brown tracted to build two vessels for the plaintiffs. on “The Old Scots Law of Heresy” and by an The contracts provided that “whereas no interesting study on “An Elizabethan Precedent delivery date can be specified the builders will Book." It is to be regretted that the notes of make their best endeavours to give as early decided cases, both Scottish and English, and delivery as possible, which they anticipate will also the reviews of books have been held over so be in 1918 [in one contract early in 1918'). long that they have somewhat lost the freshness If the builders be delayed or prevented by of their interest. Mr Roughead contributes in strikes, combinations, or lock-outs, whether his familar vein a readable account of Macdonell partial or general .... or by fire, war, riots, of Glengarry and Lord Guthrie continues his insurrection

or any other unforeseen reminiscences of R. L. Stevenson.

seeing business capacity of Mr Green. They comTHE LATE MR CHARLES E. GREEN.

prise several hundred large volumes, beginning We mourn to-day for one who though not in with his well-known “Encyclopædia of Scots the legal profession was akin to it and whose Law” in 14 volumes. His next venture was the same will always be associated with legal litera- “Encyclopædia Medica” in 15 volumes, and ture. It is meet that a tribute to his memory when this had been set agoing another scheme sbould appear in the "Scots Law Times" and was taken in hand by his turning his attention

[graphic][ocr errors][merged small][merged small][merged small]

tbat the profession should know something to England and issuing Green's “Encyclopædia about the founder and publisher of this very of the Laws of England "in 15 volumes. successful legal newspaper.

An undertaking of greater magnitude was now Mr Charles Edward Green was born in engaging Mr Green's attention-nothing less than Edinburgh fifty-four years ago and was intended a revised reissue of all the official Scots Decisions for the medical profession, but on the sudden prior to 1873, which were becoming increasingly death of his father it became necessary for him scarce and dear and which in the originals ex. to abandon his studies and, as a young man of tended to upwards of 80 volumes, but which, twenty, take up the business of law publishing. denuded of obsolete and out-of-date decisions,

It is difficult for us to realise the magnitude were reduced to 45 volumes, thus bringing and importance of the works which have been the "Scots Reports” into reasonable compass published through the untiring industry and far- and cost.

[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]
[ocr errors]

The “Scots Digest,” a complete digest of of friends, for he was of a kindly nature and reported cases from 1800-1914, with supplements thought no trouble too great if it was underkeeping it always up to date, was a natural taken in the service of others. Possessed of complement to the foregoing work.

great mental power, Mr Green pursued a stren.. The “Scots Style Book was another legal uous career and persistently overworked himself encyclopædia which Mr Green found was re- for thirty years, with the result that his health quired and which he took in hand to supply, had been seriously undermined, although he rethe demand for these works proving how mained at husiness until the end. indispensable they were to the profession.

The legal profession will be interested to know The “Scots Statutes Revised” from 1424. that arrangements bave been made to carry on 1918, being a complete series of all the public Mr Green's activities without interruption. general statutes affecting Scotland which are still in force, has been brought down to date in 14 volumes.

The “Encyclopædia of Accounting" followed in due course, and as a matter of course, and by reason of its not being confined to Scotland, it has been ordered from all parts of the world.

Agriculture had long been a favourite study PUNCTUATION IN PROBATIVE of Mr Green's, hence he now produced an

WRITINGS. "Encyclopædia of Agriculture” which in a very literal sense covered the whole field.

The attention of the legal profession was Mr Green began in 1889 the “ Juridical pointedly drawn to this matter by a bench of Review,” a quarterly legal magazine, which is seven judges which recently delivered judgment now entering its 32nd year, and in 1893 be in the case of M. P. Ewart (Alex. Robertson's I'r.) started the “Scots Law Times,” and in the v. Wishart. That case involved the construction ordinary course of business be has published a of a will

, and it was argued for one of the large number of legal and medical treatises, parties that the punctuation of the will necessincluding the “Parliament-House Book," and arily led to a certain construction. The decision during war time started a new quarterly, entitled of the House of Lords in the case of Turnbull's the “ Veterinary Review.”

Trs. v. The Lord Advocate (1918 S.C. (H.L.) 88; It was characteristic of Mr Green not to allow 1918, 1 S.L.T. 112) was founded on. We any difficulty to stand in his way when he was print below the observations of Lord Cullen on carrying out his plans ; hence, when it became Turnbull's Trs. in his leading opinion in M. P. necessary to have a printing office of his own, Ewart. he proceeded to organise such an establishment, “I desire to add an observation apart from the which having served the purpose for which it merits of the case. Until recently it had been, was intended was closed last year.

I think, the general understanding of the legal It is, however, in undertaking the publication profession in Scotland that, in cases of disputed of a complete re-issue of the “ English Reports ” construction, punctuation found occurring in that Mr Green has shewn his courage and enter- probative writings fell to be ignored in respect prise ; this monumental work, which embraces of its not sharing the probative quality. For it all the reports from 1400 to 1866, was to extend has not been the practice to use the testing clause to about 150 volumes and it is now nearing of a deed either for the purpose of declaring the completion, 163 volumes having now been deed to be unpunctuated or for declaring in published.

detail any punctuation contained in it; and A short extract from the “Times” with holograph quality in punctuation is out of the reference to Mr Green's publications may be question. hope, therefore, that the attention quoted in conclusion, viz. : “In no other country of conveyancers will be given to the recent case in the world would so important works as these, of Turnbull's Trs. v. Lord Advocate (1918 S.C. wbich contain in brief yet sufficiently ample (H.L.) 88), where the above view was rejected by space the whole law, have been carried out by the House of Lords and it was held proper to private enterprise, but by the State at the public use punctuation found in a probative deed in expense.”

construing it. In view of the law so laid down Mr Green has also written, edited and planned it may be for consideration whether, in the many other works, too varied and numerous to making of probative deeds in the future, some be mentioned here, and he has devoted a con- provision, so far as possible, should be made for siderable portion of his leisure to the study of guarding against the unauthorised insertion after cancer, with a view to finding the cause of this execution of punctuation which may materially malign disease.

alter the sense, and the origin of which may Mr Green married a daughter of the late wholly elude ascertainment. The difficulty is, John Dalrymple, who survives to mourn his loss, of course, more acute in the case of holograph and he will be greatly missed by a large circle writings without any testing clause.”

[ocr errors]
[ocr errors]
[ocr errors]

1

[ocr errors]

there the grounds of action or of defence, which SLACK PLEADING IN THE SHERIFF is not the proper place. And some day some COURT.

poor litigant will find himself done out of exSTRICTURES BY COURT OF SESSION JUDGES.

penses and will lose his case because of such

irregularities and the way the procedure has In a case which was decided by the Second been carried out." Division on 3rd December 1919 some severe

Lord Dundas in the course of his opinion connects were made on a looseness of pleading referred to the same topic, thus : which was said to be creeping into the practice “I should only like to say in conclusion that of the Sheriff Courts. The case related to the I very much agree with the remarks made by pisaning of a cow by eating paint which bad the Lord Justice Clerk in regard to the procedure been seraped off a fishing-boat in the course of followed in this as in many of the cases that repair . The old paint scraped off the boat was

come before us. I do most earnestly agree that said to have been left lying on the pasture of the there is a great and growing necessity for more pursuer's cow. The defender baldly pleaded that care and more reasonable vigilance in the Sheriff be, though the owner of the boat, had contracted Courts in framing pleadings and conducting Fith a man for its repair and was not liable for proofs, and I would fain hope that the obseribe loss of the pursuer's cow. No specific de vations made by my Lord may reach Sheriff ience was stated by way of denial that the paint Courts for their guidance, and, I hope, attenin question was the cause of the cow's death, nor tion.” was the defence very clearly stated that the zender was not, in law, liable for the acts of The Late Sir HENRY RATTIGAX.- The bench *** contractor.” What followed may best be in India has lost a scholarly lawyer by the death sted in the words of the Lord Justice Clerk: of Sir Henry Rattigan, judge in the Chief Court

** The proof went on and evidence was led on of the Punjab. Sir Henry was born in 1864 wth of these points with no exception taken. and, after graduating at Oxford University, was In the first place, I think that if these specific called to the Bar, Lincoln's Inn, in 1888. He defences had been to be founded on, it was the joined the Bar as an Advocate of the Chief daty of the defender to state them on record and Court of the Punjab in the following year. He Bereby give notice to the pursuer of the case he held the post of Legal Remembrancer to the had to meet. I think equally it was the duty of Punjab Government; and for several periods be the pursuer's agent, if evidence of matters of officiated as judge of the Chief Court before he pat apposite or which might be apposite to the was promoted to that office in 1909. He was se, but of which no notice had been given on knighted in 1918. Sir Henry Rattigan made be record, was tendered, to have objected that several useful contributions to the study of u sach case was made on record. And it would | Indian law. The Digest of the Customary Law te been tbe duty of the Sheriff-Substitute to of the Punjab under his editorship attained its dan the evidence until the defence was seventh edition ; and he shared in the authorship placed a record.

of an important study on Tribal Law in the " In this case nobody carried out what I Punjab. Under the title of the “ Law of Divorce bink was their duty. The defender did not applicable to Christians in India,” Sir Henry state bis case properly ; the pursuer did not published a careful commentary on the Indian object to the improper evidence that was led, Divorce Act, 1869, in which he made a comand the Sheriff just allowed the whole evidence parison between the provisions of that Act and to be taken, with the result, as happens often, the divorce statutes in England. that your Lordships were faced with the case on a concluded proof, which had little relation to MR W. G. NORMAND, advocate, has been the pleadings, and we have had to spell the case appointed Editor of the “ Juridical Review.” out of the evidence. In this case we have had All communications should be addressed to the a good instance of how unfortunate that method Editor, olo W. Green & Son Ltd., St Giles might have been for the pursuer, because, had it Street, Edinburgh. cot been that the veterinary surgeon, Mr Panton, sto visited the pursuer's cow was the same We understand that Tods, Murray & Jamieeterinary surgeon who visited the two cows son, W.S., ve assumed Mr J. D. H. Dickson, belonging to Mackenzie, which died some five Mr' w. Coventry, and Mr J. C. Scott as nonths after the pursuer's cow, the result might partners. Mr Dickson is a nephew of the Lord eave been very different from what it is. Justice-Clerk, and Messrs Coventry and Scott

"I make these observations to say that I were well known as members of the staff to all think there is a laxity growing up aš to pro- persons who have done business with Messrs cedure in the Sheriff Court to which we have | Tods, Murray & Jamieson. Fer and over again referred. We do not find the case stated on record at all, and only find it MR CUTHBERT PETER LYLE, solicitor, has sben we come to read the proof, discovering commenced business, on his own account at

« PreviousContinue »