65 West Regent Street, Glasgow. He received his legal training in Glasgow, and acted as a procurator with Messrs M'Clure, Naismith, Brodie & Co., prior to and since he returned from four years' military service overseas. DECISIONS IN THE ENGLISH COURTS. Miller v. Dott. LANDLORD AND TENANT-LEASE-THEATRE OBLIGATION BY TENANT TO MAINTAIN PRICES OF ADMISSION-TENANT RAISING PRICES.-A lease of a theatre contained a covenant by the lessee in the following terms: "The lessee will at all times during the said term maintain the prices of admission as now charged at the said theatre, and will not reduce the same without the consent in writing of the lessor first obtained." Held that the covenant did not prohibit the charges for admission being raised, but only prohibited them from being reduced without the consent of the lessor.-Chan. Div. (Peterson J.) -24th October 1919. EMPLOYER MEMBER OF ASSOCIATION-ASSOCIATION INDUCING EMPLOYER TO DISMISS SERVANT. -At the request of an association of yeast dealers, of which he was a member, an employer dismissed, on due notice, an employee engaged under a contract terminable on one month's notice. Held in an action by the servant for an injunction to restrain the Association from "interfering with any person. . . . company or corporation with a view to causing such person company or corporation to break his or their contract. . . . with the plaintiff. . . . or to cease to employ him . . . . or to abstain from entering into contracts with him and from in any manner otherwise interfering with the plaintiff in following his calling or obtaining or retaining employment," that as no undue pressure had been brought to bear on the employer the action failed, on the ground that a person who procures another to do an act which is not wrongful so far as that other is concerned can only be made legally responsible for its consequences if he has procured his object by the use of illegal means, and that this holds equally good when the inducers are a combination of persons formed for the purpose of protecting the common trade interests of the combining persons and the act procured is incidental to that purpose.-Chan. Div. (P. O. Lawrence J.).-3rd November 1919. FER TO DIRECTORS' NOMINEE-COMPANIES (CONSOLIDATION) ACT 1908 (8 EDW. VII. CAP. 69), SECTION 13.-Held that under section 13 of the Companies (Consolidation) Act 1908 the articles of a company may be altered so as to provide that a shareholder who carries on business in competition with the business of the company may be required to transfer his shares to a nominee of the directors at a price to be certified by the auditors to be their fair value, provided the alteration was made bona fide for the benefit of the company as a whole.-Court of Appeal (Lord Sterndale M.R., Warrington L.J. and Eve J.).-7th November 1919. Dutton v. Sneyd Bycars Co. Ltd. WORKMEN'S COMPENSATION-WORKMEN'S COM PENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 8, SCHEDULE III—INDUSTRIAL DISEASE DISEASE NOT SCHEDULED AS INDUSTRIAL DISEASE WEEKLY PAYMENTS BY EMPLOYERS EMPLOYERS RESISTING CLAIM UNDER WORKMEN'S COMPENSATION ACT-ESTOPPEL-AGREEMENT TO TREAT WORKMAN AS ENTITLED TO COMPENSATION UNDER THE ACT.-A workman was employed by a firm, controlled by the Ministry of Munitions, to manufacture poison gas and contracted gas poisoning. The disease was not included in the schedule of industrial diseases under the Act (Schedule 3), but the employers made weekly payments to him and he was required to sign certain forms issued by the Ministry of Munitions declaring that he was entitled to compensation under the Act and forms of receipt which bore to be for amounts due under the Act. On the weekly payments being reduced he commenced proceedings under the Act. Held that the employers were not estopped from denying liability and that there was no evidence of an agreement that the workman was to be treated as entitled to compensation under the Act, and further, that the parties could not, by conduct or agreement, bring within the ambit of the statute a case not covered by its terms.-Court of Appeal (Warrington and Atkin L.JJ., and Eve J.).—10th November 1919. JAMES WRIGHT FORBES, ESQ., ADVOCATE, good in quality and sufficiently varied in Sheriff-Substitute of Zetland at Lerwick. "Shall I,-waft on a wild wind,-be borne away DAVID CRICHTON, 1880. (Adapted.) character to afford him experience which will be invaluable to him in his new sphere. In February 1917 he was appointed as Counsel for the Crown qua ultimus haeres, and during the War he also acted as junior counsel for the Liquor Control Board, for the Minister of Munitions, and in enquiries under The Coal Mines Act 1911. Throughout his career at the Bar Mr Forbes has shown himself assiduous in availing himself of those opportunities which The "wild wind" which has wafted James Wright Forbes to be Sheriff-Substitute at Lerwick has taken from Parliament House one of its best known and most popular figures. Few men have more friends there, and an enemy reporting and literary work afford of maintain would be as diffi cult to find as a needle in a baystack. Mr Forbes, who is a son of the late Mr Alexander Forbes (for many years Principal Keeper of the Register of Deeds), was born in Edinburgh in 1866. He went to George Watson's College, where he early gave promise of ability and power of work, taking a school bursarythe first of many such at the early age of nine. Before leaving school he was Greek Medallist and gained one of the school bursaries tenable at the University. In after life he has shown himself consistently loyal to his old school, being always ready to throw himself devotedly into the support of any scheme which has bad for its object the welfare of "George Watson's." Passing on to Edinburgh University, Mr Forbes in ordinary course graduated in Arts and Law, gathering honours by the way, being a classical medallist, and taking the Spence and Thomson Bursaries. In 1891 he was admitted a member of the Faculty of Advocates. Mr Forbes soon obtained a considerable junior practice, which, if not so great in volume as his well-wishers could have desired for him, was ing and improving knowledge of the law. Since 1902 he has been a reporter on the staff of the "Scots Law Times." Along with Mr J. E. Graham, K.C., he prepared a Digest of Local Government Board Decisions (1898-1914); he edited the Poor Law Magazine for a number of years, and contributed Legal Notes the Accountants' Magazine; and acted as Lecturer in the Heriot-Watt College on Commercial Law, being appointed to succeed Mr Condie Sandeman, K.C., in this post. to Mr Forbes' knowledge of law and practice and his competency in affairs obtained for him. frequent appointments as Commissioner in important cases. He acted for some time as an Honorary Sheriff-Substitute of Lanarkshire, and as interim Sheriff-Substitute at Falkirk, Stirling, and Perth. And amid his professional activities he found time to take his part in civic duties. He has acted as a Parish Councillor for Edinburgh since 1905, showing a keen interest in Poor Law Administration. And during the War he rendered invaluable service at the Y.M.C.A. Huts at the Mound, where he spent many long night hours in ministering to the needs of our soldiers and sailors. C rescind or vary any order which has been so The Act is to remain in force until the 1st Nor has he failed to cultivate the lighter walks old haunts. It will be noted that in this Act the words satisfactory to the Court" have been omitted INCREASE OF RENT, ETC. (AMEND- In that case the Court decided that a landlord, MENT) ACT 1919. [CONTRIBUTED.] This Act, which came into force on its receiv- The new Act re-enacts that no order or "(a) the tenant has committed waste or has "(c) the premises are reasonably required by Act also contains provisions which who had received notice to quit from his tenant As from 1st July next landlords will, if no FACULTY OF ADVOCATES. The Anniversary Meeting of the Faculty of the Poor: Mr Robert Lorimer, Mr A. R. G. The report received by the Faculty from the MESSRS L. & J. M'LAREN, W.S., 23 Rutland ALEXANDER BLACKLAW, M.A., advocate, and DECISIONS IN THE ENGLISH In Re Pool Shipping Co. Ltd. COMPANY-ARTICLES OF ASSOCIATION-SHARES -TRANSFER-REGISTRATION-POWER TO MAN- LORD SCOTT DICKSON, the Lord Justice- S.S.C. SOCIETY.—At a special general meeting 64 THE LATE MR WILLIAM MORTON, W.S.- MESSRS AITKEN & METHUEN, W.S., and TRANSFER-RENUNCIATION BY SHAREHOLDER OF ferred on the managers of a company by its 1919. Rex v. Wood Green Profiteering Committee-Ex WAR-EMERGENCY LEGISLATION-PROFITEER- ING ACT 1919 (9 & 10 GEO. V. CAP, 66), SECTION ALLOWING APPEAL FRESH CERTIFICATE BY CERTIFYING SURGEON SPECIFYING SAME DATE. -A workman obtained a certificate from a certifying surgeon that he was suffering from an industrial disease and that his disablement commenced on 25th March 1918. At the instance of the employers a reference was made to a medical referee who, without stating his reasons, allowed the appeal against the certificate of disablement. Six months later the workman obtained a further certificate from the certifying surgeon in which the date of disablement was again stated to be 25th March 1918. Held that the certificate was invalid in respect that the date of disablement thereby fixed had been finally decided by the medical referee to be inaccurate.-Court of Appeal (Warrington and Atkin L.JJ., and Eve J.).-10th November 1919. J. A. Kirsch & Co. v. Allen, Harding & Co. Ltd. INTERNATIONAL LAW-CONTRACT-BREACH OF CONTRACT MEASURE OF DAMAGES-FOREIGN PLAINTIFF-RATE OF EXCHANGE-Merchants in New York sold a quantity of condensed milk to merchants in England for delivery during 1918. The purchasers cominitted a breach of the contract. Between the date of the breach of contract and the date of the judgment of the Court the rate of exchange had moved adversely to this country. Held that the measure of damages should be such a sum in sterling as would give the sellers proper compensation in dollars at the rate of exchange prevailing at the date of the Court's judgment. K.B. Div. (Roche J.). 10th November 1919. LAW LIBRARY. BOOK NOTICES. The League of Nations. By the Rt. Hon. Sir Frederick Pollock, Bart. London: Stevens & Sons Ltd. 1920. Price 10s. With the ratification of the Treaty of Versailles there came into actual existence the League of Nations which was an integral part of that great international agreement. This event is likely to prove one of the very greatest landmarks in the development of international law. The prospects which are thereby opened up of organising the nations of the world into a real " society" of nations with an organisation for preserving peace and for many other purposes, offer a fascinating subject to the student of international law. When Sir Frederick Pollock undertakes to write on such a subject the book is sure to be well worth a careful reading. The little volume is, however, unpretentious in scope. It begins with a brief but adequate historical introduction sketching the history of international arbitration; and the main part of the volume is occupied with a commentary, clause by clause, on the text of the Constitution or "Covenant" of the League. The commentary brings out clearly the via media adopted by the framers of the League, who have sought to establish an organisation of the society of nations on the basis of voluntary contractual limitation of its rights by each State without attempting to set up a federal super-state. By a constant reference to history and experience the author attempts to forecast how the scheme of the League is likely to work in practice, and he evidently approves the great elasticity in the machinery which is a notable feature of the framework of the League. It is interesting to notice that the attitude of Sir Frederick Pollock to the scheme is one of temperate optimism. He is sympathetic without being uncritical; he is hopeful, but his hopes are not extravagant. His work may be strongly recommended to everyone interested-and who is not?-in the greatest movement of our time, for the treatment of the subject is always worthy of the theme and of the author. 1920. Kerr on Fraud and Mistake. Fifth Edition. By This important monograph is certainly one of those text-books which preserve their utility by being kept up to date in successive editions; and this new edition will be welcomed by the profession in England. The doctrines of law dealt with have remained in a particularly fluid condition, and their growth and development show no signs of reaching any fixed maturity. What is fraud? is a question as difficult to answer concisely and accurately as it was fifty years ago. Indeed, from some points of view, it may be doubted whether the growth of case law on this topic has not sometimes served rather to confusion than to lucidity. The best, therefore, that could be said of any treatise on such a subject is that it provides the best available clue through the jungle of case law; and that may safely be said of this work. The preparation of the latest edition seems to have been done with the carefulness and accuracy which the high repute of the original work deserved. It may be regrettable to a Scots lawyer that no attempt is made to compare the equivalent doctrines of their own system of law, especially in view of the interesting references which occur to Indian and Colonial decisions; but that is a defect in English text-books to which one has been long accustomed. |