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.

Sheriff-Substitute of Zetland at Lerwick.

"Shall I,-waft on a wild wind,-be borne away
To regions forlorn and reniote,-
To Lerwick, Lochmaddy, or Stornoway,
Places reachable only by boat?"

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

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

the Poor: Mr Robert Lorimer, Mr A. R. G.
M'Millan, Mr W. L. Mitchell, Mr James Keith,
Mr J. G. Burns, and Mr Neil A. MacLean. The
reports of various Faculty Committees were
submitted and approved.

The report received by the Faculty from the
Curators of the Library contained an interesting
list of additions to the Library. The most
important of these is a bequest by the late Mr
T. L. Kington Oliphant of a large collection of
charters and other papers relating to the family
of Oliphant of Gask. Beginning with a charter
of King William the Lion, the collection includes
documents of much value as illustrating both
national and family history since the twelfth
century. The collection has been inventoried,
and the documents have now been transferred
from Ardblair Castle, where they have been
retained by arrangement since the death of the
testator, to the Library which is to be their
home.

MESSRS L. & J. M'LAREN, W.S., 23 Rutland
Street, Edinburgh, intimate that they have
assumed as a partner Mr James Stirling,
solicitor, of this address. The firm name will
remain unaltered.

ALEXANDER BLACKLAW, M.A., advocate, and
John Alexander Nicol, M.A., B.L., solicitor,
intimate that they have entered into partner-
ship, and that the firm name will be Blacklaw
& Nicol, advocates, 189 Union Street, Aberdeen.

DECISIONS IN THE ENGLISH
COURTS.

In Re Pool Shipping Co. Ltd.

COMPANY-ARTICLES OF ASSOCIATION-SHARES

-TRANSFER-REGISTRATION-POWER TO MAN-

S.S.C. SOCIETY.—At a special general meeting
of the Society of Solicitors to the Supreme Courts,
held on 20th January 1920-Mr Thomas Liddle,
President, in the chair-the following gentlemen
were admitted to membership: Mr William
Weir Grieve, solicitor, 58 Queen Street, Edin-
burgh, and Mr Andrew Ferguson Bowie
Lawrence, solicitor, 6 Castle Street, Edinburgh.

64

THE LATE MR WILLIAM MORTON, W.S.-
We regret to announce the death of Mr William
Morton, W.S., on 20th inst. He was a well-
known and highly respected member of the legal
profession in Edinburgh, where he had been in
practice for many years. Born in 1851, the son
of the late Mr Alexander Morton, banker, Edin-
burgh, he was at one time a member of the
Society of Solicitors at Law," of which body it
is said that only two members now survive.
Later, Mr Morton was a member of the S.S.C.
Society, and in 1886 he was admitted to the
Society of Writers to the Signet. Mr Morton
was at his death the senior member of the firm
of Cairns, M'Intosh & Morton, W.S., of which he
had long been a partner. He was a director of
the Reversionary Association Ltd.

MESSRS AITKEN & METHUEN, W.S., and
Messrs Henderson, Munro & Aikman, W.S.,
intimate that their businesses of law agents
and conveyancers have been conjoined, and will
now be carried on under the firm name of Aitken,
Methuen & Aikman, W.S., at 37 Queen Street,
Edinburgh.

TRANSFER-RENUNCIATION BY SHAREHOLDER OF
RIGHT TO ALLOTMENT OF NEW SHARES-REFUSAL

ferred on the managers of a company by its
TO REGISTER NOMINEE.-Held that a power con-
articles to refuse to register any transfer of
shares of which they did not approve did not
entitle the managers to refuse to place on the
register a person in whose favour a shareholder
had exercised his right to an allotment of new
shares.-Chan. Div. (Peterson J.).—7th November

1919.

Rex v. Wood Green Profiteering Committee-Ex
Parte Boots Cash Chemists (Southern) Ltd.;
Rex v. Same-Ex Parte Coulter.

WAR-EMERGENCY LEGISLATION-PROFITEER-

ING ACT 1919 (9 & 10 GEO. V. CAP, 66), SECTION
1 (i) (b)-CHEMIST-DISPENSING PRESCRIPTION
-SALE.-Held that where a dispensing chemist
made up a prescription for a customer and
handed him the medicine in return for a sum of
money the transaction constituted a sale of an
article within the meaning of section 1, subsec-
tion 1 (b) of the Profiteering Act 1919.-K.B.
Div. (Lord Reading C.J., Coleridge and Sankey
JJ.).-8th November 1919.

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
S. E. Williams, Barrister-at-Law.
London: Sweet & Maxwell Ltd. Price
37s. 6d. nett.

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.