Smart, his predecessor in office, about a year ago, Mr Laing has acted in the capacity of interim Burgh Assessor. Mr Laing is thoroughly acquainted with the work in all its branches, and has had a long experience of administrative work in the department.

NEW BRECHIN TOWN-CLERK.-Brechin Town Council have unanimously appointed Mr F. A. Ferguson, solicitor, to be Town-Clerk, in succession to Mr T. Maule Guthrie, resigned. Mr Ferguson, who is a member of the Council, is the youngest son of the late Provost Ferguson.

TOWN-CLERK FOR PORTKNOCKIE.-Mr G. A. Scrimgeour, solicitor, Portsoy, has been appointed Town-Clerk of Portknockie. There were three applicants. Mr Scrimgeour, who was appointed by a majority, is at present collector of rates for Portknockie.

MR ALEXANDER BLUE, who is to succeed Mr A. M'K. Elliott as Sheriff-Clerk at Campbeltown, has been for many years a Depute-Clerk at Dunoon.

CAPTAIN ALLAN E KER, V.C., Gordon Highlanders, has been appointed Staff Captain in the Judge Advocate General's Department. Prior to the war he was in partnership with his father in the firm of R. D. Ker & Ker, W.S., Edinburgh. Captain (then Lieut.) Ker won the V.C. for the determined stand he made with his men near St Quentin on the great advance of the German army on the 21st March 1918.

NEW BRANCH UNION BANK.-A branch of the Union Bank of Scotland Ltd. has been opened in Grangemouth, under the charge of William Simpson, solicitor and notary public, Grangemouth, as agent.

MR JOHN LESLIE MACCALLUM, solicitor, a member of the staff of Messrs Bonar, Hunter & Johnstone, W.S., Edinburgh, has opened an office on his own account at No. 13 Bernard Street, Leith.

carry on business under the name of Holmes, Mackillop & Co. at Johnstone and at 208 St Vincent Street, Glasgow. The partners in the new firm are Mr W. H. Mitchell and Mr E. L. Mackillop, who were the only partners of Holmes, Mackillop & Co. before the amalgamation, Mr Matthew Blair, sole partner of Ferguson & Blair, and Mr Risk.

MR JOHN M. CROSTHWAITE, 207 West George Street, Glasgow, intimates that he has assumed as a partner Mr James Alexander Forsyth, B.L. Mr Forsyth served his apprenticeship with him and thereafter gained further conveyancing experience in the Sasine Office, Edinburgh. After four years' army service he returned to him as procurator in the beginning of 1919. The business will hereafter be carried on under the name of John M. Crosthwaite & Co.

THE LATE MR R. W. GARDINER, S.S.C., EDINBURGH.-The death took place suddenly at 32 Queen's Crescent, Edinburgh, of Mr R. W. Gardiner, S.S.C., of the firm of Messrs Gardiner & Macfie. Mr Gardiner, who was only fortyeight years of age, was a native of Edinburgh, and was well known in legal and golfing circles in the city. He was educated at George Watson's College and afterwards attended Edinburgh University. He received his early legal training with Messrs Auld & Macdonald, W.S., Thistle Street, and over twenty years ago went into partnership with Mr Macfie. He was for many years secretary of the Turnhouse Golf Club. He leaves a widow and three children.

MR GABRIEL ALEXANDER, law agent and banker, Stewarton, has died in Victoria Infirmary, Glasgow, from injuries received in falling from a tramcar. Mr Alexander, who was seventy-two years of age, was agent of the Union Bank of Scotland at Stewarton for over forty years.

DECISIONS IN THE ENGLISH COURTS.

Beavis v. Carman.

INTIMATION has been received that the firm of Holmes, Mackillop & Co., writers, Johnstone and Glasgow, has been amalgamated with the firm of Ferguson & Blair, writers, Glasgow, and that Mr Ralph Risk, writer, Glasgow, procurator with Messrs Maclay, Murray & Spens, has been assumed as a partner in the new firm, which will

EMERGENCY

LEGISLATION

- LANDLORD

AND

ING-HOUSE-ARREARS OF RENT-TENDER AFTER COMMENCEMENT OF PROCEEDINGS BY LANDLORD FOR RECOVERY OF POSSESSION INCREASE OF RENT AND MORTGAGE INTEREST (WAR RESTRICTIONS) ACT 1915 (5 & 6 GEO. V. CAP. 97), SECTION 1 (3).-Held that the tenant of a dwelling-house to which the Increase of Rent, etc., Acts 1915 to 1919 apply who tenders arrears of rent after the landlord has commenced proceedings for the

MASTER AND SERVANT-LIABILITY OF MASTER FOR SERVANT'S ACTS-THEFT.-The defendant, who was a job-master and contractor, was employed by the plaintiff to convey his goods by van. The goods were stolen by the defendant's driver. Held that, as the defendant had not been negligent in selecting the driver and had not held him out as having authority to do the act which caused the loss, he was not liable for the consequences of his servant's crime.-K.B. Div. (Lord Reading C.J.).—17th March 1920.

Dafen Tinplate Co. Ltd. v. Llanelly Steel Co. (1907) Ltd.

COMPANY ARTICLES OF ASSOCIATION ALTERATION SHARES POWER ΤΟ COMPEL TRANSFER TO DIRECTORS' NOMINEE-VALIDITY

COMPANIES (CONSOLIDATION) ACT 1908 (8 EDW. VII. CAP. 69), SECTION 13.-A private company, by special resolution, altered its articles by the introduction of a power enabling the company, in general meeting, to determine that the shares of any member (other than a specified member) should be transferred to such person or persons as the Board should think fit at the fair value to be declared by the Board from time to time by resolution passed at a Board meeting. Held that as the power conferred on the majority of the shareholders was not for the benefit of the company as a whole the alteration was invalid.-Chan. Div. (Peterson J.).-19th March 1920.

Bedford College v. Guest.

REVENUE-INHABITED HOUSE DUTY-EDUCATIONAL ESTABLISHMENT RESIDENTIAL BUILDINGS CONNECTED BY COVERED PASSAGE WITH

BLOCK OF BUILDINGS USED FOR EDUCATIONAL PURPOSES ONLY-ONE DWELLING-HOUSE-HOUSE TAX ACT 1808 (48 GEO. III. CAP. 55), SCHEDULE B, RULE 2.-Four blocks of buildings, used solely for educational purposes, were connected with the residential portion of a college by means of a covered corridor of brick, with a tiled roof, and having windows at the side. The corridor was a convenience only and its removal would not have affected the uses to which the respective buildings were put. The whole premises were supplied with hot water from a single boilerhouse, and the gas and hot-water pipes and the electric cables were continuous throughout. The Special Commissioners held that they were bound in law to regard the buildings as one house and assessable to inhabited house duty accordingly. Held, that the Commissioners must be taken to have found as a fact that the buildings were one house and that it was not open to the Court to reverse that finding, although the Commissioners had stated it as a finding in law. Decision of Rowlatt J. (1919, S.L.T. 73) affirmed.-Court of Appeal (Lord Sterndale M.R., Warrington and Scrutton L.JJ.). 24th March 1920.

LAW LIBRARY. BOOK NOTICES.

The Juridical Review. Vol. XXXII., No. 3. September 1920. Edinburgh: W. Green & Son Ltd.

The latest number of the "Juridical Review' will attract many readers by a first instalment which it contains of a series of articles on "Law and Lawyers in the Waverley Novels" from the pen of Mr W. G. M. Dobie. Readers of Scott of legal portraits to be found in the novels. must have been struck by the wonderful gallery References to the law occur in most of those of which the scene is laid in Scotland. Mr Dobie has undertaken to give us a study of the influence of Scott's professional work and attainments on his literary work, and this first instalment prepares us to look with interest and anticipation for more to follow. Under the title of "Locusta in Scotland Mr Roughead commences what he calls a "familiar survey of poisoning as practised in that Realm." researches in the criminal records of earlier times have disclosed many strange cases which will delight the curious. The usual commentary on recent decisions of the Courts, both in Scotland and in England, is well done.

His

INCORPORATED SOCIETY OF LAW

AGENTS IN SCOTLAND.

A meeting of the council was held in Edinburgh on 7th October, Mr Patrick Cooper, advocate, Aberdeen (president), in the chair. The president extended a welcome to the three new members of council, namely, Mr Pattullo, dean of the Faculty of Procurators and Solicitors in Dundee; Mr Norman M. Macpherson, S.S.C., Edinburgh; and Mr C. T. Nightingale, S.S.C., Edinburgh. The following committees were appointed for the ensuing year, viz.: Bills CommitteeMessrs Boyd Anderson (convener), M'Killop, Shaw, Macpherson, Patullo; Solicitors Bill CommitteeMessrs Milligan (convener), Husband (Dunfermline), Maclay, Girvan, Patullo, Nightingale; Legal Education Committee Messrs Whyte (convener), Boyd Anderson, Husband (Dundee), Husband (Dunfermline), Milligan; Rents and Mortgage Interest Acts Com

mittee Messrs M'Killop (convener), Milligan, Shaw, Macnab, Prentice; Law of Diligence Committee-Messrs Macnab, Mactavish (convener), Macpherson; Table of Fees Committee -Messrs Whyte (convener), Boyd Anderson, Girvan, M'Killop, Macpherson, Pattison, Thomson; Membership Committee-Messrs Husband (Dunfermline) (convener), Armstrong, Mactavish, Nightingale, Pattison, Thomson.

The council had under consideration the suggestion that the legal rate of interest payable on debts where no rate was specially stipulated for should be raised above 5 per

case and the decision of the Court obtained thereon.

A letter from a member pointing out the hardship and expense of taking witnesses from Scotland to establish pecuniary claims of small amount in London

was remitted to a committee consideration.

for

Mr Robert Wilson, solicitor, Sanquhar, was admitted a member of the society.

EAST STIRLINGSHIRE PROCURATORS. At the annual meeting of the East Stirlingshire Faculty of Procurators, held in the Sheriff Court-house, Falkirk, Mr James

M. Wilson, Falkirk, was appointed Dean of Faculty in place of Mr W. K. Gair, Falkirk, who retired after occupying office for eighteen years. Mr W. J. Gibson, Falkirk, was appointed vicedean, and Mr J. W. Blackadder, Falkirk, secretary and treasurer, in room of Mr Andrew Hunter, Falkirk, who retired after ten years' service. Mr W. M. Anderson, Grangemouth, and Messrs A. Gibson Turnbull, T. Callander Wade, and Andrew Hunter, Falkirk, were appointed Dean's Council.

ROTA.-Edinburgh, 15th October 1920. The Lords this day selected Lords Salvesen, Skerrington, Ormidale, and Blackburn to be placed on the rota for the trial of election petitions during the ensuing year in terms of the fifty-eighth section of the Parliamentary Elections Act 1868 and the second section of the Parliamentary Elections and Corrupt Practices Act 1879.

(Signed) J. A. CLYDE, I.P.D.

EDINBURGH UNIVERSITY LAW CLASSES.The law classes reopened last week, when Professor Mackintosh delivered his opening lecture in Civil Law and Professor Sir Ludovic Grant opened his course of Jurisprudence. Mr W. J. Lewis, B.L., S.S.C., opened his class in Evidence and Procedure on Tuesday with an interesting lecture on "A Court of Criminal Appeal," a report of which will appear in our next issue. It is interesting to note that this course of lectures is now extended to double the old number of lectures. There are larger attendances than usual at most of the classes, there being a considerable number of C.A. apprentices taking subjects for the new degree in the Faculty of Commerce.

AUDITOR OF THE COURT OF SESSION.-On a petition by Mr J. Smith Clark, S.S.C., the auditor (who is at present indisposed), the Court have appointed Mr George P. Graham, assistant auditor, to be interim auditor. Mr Graham was present and took the oath.

LEVEN BURGH PROSECUTOR.-Leven Town Council have unanimously appointed Mr H. Buddo Middleton, solicitor, Leven, to be Burgh Prosecutor.

BANK CHANGES IN GLASGOW.
RETIREMENT OF CLYDESDALE MANAGER.

It has been officially announced that Mr John Henderson, general manager of the Clydesdale Bank, will retire from service on the 11th proximo, and will be succeeded by Mr Frederick Tod, secretary, and Mr David Young, manager of the London office, as joint general managers. Mr Robert W. Jack, assistant secretary, will become secretary; Mr Andrew Mitchell, the general manager's confidential clerk, is appointed assistant secretary, and the vacancy in the managership of the London office will be filled by Mr Lochhead, now assistant manager at the head office.

Mr Henderson, except for a period of about six years, when he held the post of manager of the North of Scotland Bank, Aberdeen, has had a lifelong association with the Clydesdale Bank, which he will continue to retain after his retirement having now been appointed to a seat on

the directorate. Son of a Fifeshire farmer, he entered the service of the Clydesdale Bank in Cupar sixty years ago, and was subsequently connected with the branches at Penicuik and Portobello, before being transferred to the head office in Glasgow. Afterwards he held office in Dundee, Leith, and Edinburgh, having been joint-manager with Mr Greenhill in the lastnamed branch. He was next transferred to the London office, and it was while there in 1899 that he accepted the post of manager of the North of Scotland Bank. Six years later he returned to the service of the Clydesdale Bank as general manager, in succession to Mr David Wilson. During his tenure of office as general manager the bank made remarkable progress, and last year its amalgamation with the London Joint City and Midland Bank was carried through.

Mr Frederick Tod, the new joint-manager, has also had a long record of service with the bank, including agencies in Campbeltown, Leith, and Dundee before being transferred to the head office in 1898. Mr Young, who will be his colleague in the managership, belongs to Paisley, and succeeded Mr Lochhead as assistant manager in the London office in 1914, being promoted manager in 1916. Mr Lochhead, who is a native of Argyllshire, and joined the bank at Lochgilphead in 1875, now returns to London as manager of the office there.

EMERGENCY ORDERS.-The following Orders have been issued in view of circumstances in connection with the coal strike: (a) The Coal Emergency Order, dealing with the maintenance and regulation of coal for household and industrial purposes; (b) The Lighting, Heating, and Power Order, dealing with restriction in lighting, etc.; (c) The Gas and Coal Order, applicable to all gasworks; (d) Sugar Ration Order, reducing the ration of sugar; (e) Food Hoarding Order, prohibiting hoarding of foodstuffs.

RENT INCREASE CASE: DECISION AT AIRDRIE. -This week, in Airdrie Sheriff Court, judgment was given by Sheriff Macdiarmid in favour of the defender in a rent increase test case recently debated before him, and arising out of the recent rent increase strike. Thirty-four tenants in Railway Road, Coatdyke, refused to pay the increase in their monthly rent, as given notice of by the factor in terms of the new Rent (Restrictions) Act, and Mr M'Ilwraith, solicitor, Hamilton, contended in this test case, which was to rule the others, that the old contract of tenancy had not been terminated by a notice to quit, which was essential to a new contract or increased rent. Mr D. Linring, jr., argued that under the new Act the only notice that was necessary was that of the increase of rent.

The Sheriff, who offered parties a remit to the

ordinary roll, as was done in the similar case of Councillor Shin well in Glasgow Court, was informed by the agents that they preferred a decision now, and his lordship said it seemed to him clear that, on a reading of section 3, subsections (1) and (2), of the Rent (Restrictions) Act, what he might call the preliminary objection put forward here was sound, and that the action as laid fell to be dismissed, with expenses to the defender. The increase of rent in the whole of the cases will not, therefore, be payable for the month sued on, but the notice will be held as given for the future.

SHIP CHARTER-PARTY DEMURRAGE EXCEPTIONS CLAUSE CONSTRUCTION "OTHER HINDRANCES BEYOND CHARTERERS' CONTROL."A vessel was chartered in September 1914 to load a cargo at Swansea for Port Nolloth, South Africa. The charter-party provided that the cargo should be unloaded on arrival at a specified rate per working day, and, in the event of failure to complete the unloading at that rate, for payment by the charterers of demurrage "except in cases of strikes, riots, lock-outs, labour disturb ances, trade disputes, accident, or other hindrances beyond charterers' control." In August 1914, by order of the Colonial Government, Port Nolloth was placed under military control and the unloading of the vessel was, in consequence, delayed beyond the lay days. Held, in a claim by the owners against the charterers for demurrage, that as the cause of the delay was not like or akin to any of the enumerated exceptions and as the words "or other hindrances beyond charterers' control" must be read ejusdem generis, the exception clause did not relieve the charterers from liability.-K.B. Div. (Greer J.). -22nd March 1920.

Pole-Carew v. Craddock.

TARY OR PAROCHIAL, IN RESPECT OF FERRYINCOME TAX ACT 1842 (5 & 6 VICT. CAP. 35), SECTION 60, SCHEDULE A, NO. III., RULE 3— REVENUE ACT 1866 (29 & 30 VICT. CAP. 36), SECTION 8.-The Act of 1790 (30 Geo. III. cap. lxi.), which authorised the establishment of the Torpoint Ferry, provided that the proprietors or their heirs or assigns should not be rated or assessed for or toward the payment of "any tax, rate, or assessment whatsoever, parliamentary or parochial, for or in respect of the said ferry." Held that the profits of the ferry were not assessable to income tax although that tax was unknown in 1790, as the exemption was not confined to local taxation merely and covered future as well as existing taxation. Decision of Rowlatt J. (1919 S.L.T. 72) affirmed.—Court of Appeal (Lord Sterndale M R., Warrington and Scrutton L.JJ.).-25th March 1920.

Sir W. G. Armstrong, Whitworth, & Co. Ltd. v. Redford.

WORKMEN'S COMPENSATION ACCIDENTARISING OUT OF AND IN THE COURSE OF THE EMPLOYMENT ACCIDENT ON EMPLOYERS' PREMISES DURING DINNER HOUR-WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 1 (1).-The respondent, who was a machinist in the appellants' employment was injured during the recognised dinner hour by falling on the stair leading from a canteen maintained by the appellants in a part of their premises for the benefit of their employees. The employees were all required to leave the works during the dinner hour but were not obliged to make use of the canteen. In order to reach the canteen, the respondent had to go into the street and re-enter the appellants' premises by another door. Held (dissenting Viscount Finlay and Lord Dunedin) that the accident arose out of and in the course of the employment. Decision of the Court of Appeal (1919 S.L.T. 76) affirmed. - House of Lords (Viscount Finlay, Lord Dunedin, Lord Sumner, Lord Parmoor, and Lord Wrenbury). — 26th March 1920.

- ILLE