would have come to an end, then D alone retired in 1920. Otherwise, both C and D must retire. The town-clerk held A was not due to retire until 1921, and declared for two vacancies. Councillor Wilson submitted the question was: Would A have been due to retire from the council in 1920? He took it in the circumstances he would, the removal of B putting him in that position. The Scottish Office then wrote that, apart from the question of the provostship, Councillor B would have retired in 1920, A in 1921, and C in 1922. Owing, however, to B's election to the provostship, the normal rotation would have been interfered with, and A, had he remained in the council, would have had to retire in 1920. An interview with the Scottish Office followed, and their final letter is: "I am directed by the Secretary for Scotland to state that, while he has no power to give an authoritative opinion on the matter, he considers, on the information put before him, that D alone falls to retire this year." MINISTRY OF TRANSPORT: TRANSFERENCE OF POWERS OF SECRETARY FOR SCOTLAND.-The "London Gazette" contains an Order, made under the Ministry of Transport Act 1919, transferring to the Ministry, as from the 15th of November, the powers and duties of the Secretary for Scotland in relation to railways, light railways, canals, waterways and inland navigations, roads, bridges, and ferries, and vehicles and motor traffic thereon, harbours, docks, piers. The exceptions from the transfer include:: (1) The powers and duties of the Secretary for Scotland under the Private Legislation Procedure (Scotland) Act 1899. (2) The powers and duties of the Secretary for Scotland of giving sanction to the borrowing of money by Local Authorities. (3) The powers and duties of the Secretary for Scotland with respect to the confirmation or disallowance of bye-laws made by Local Authorities other than bye-laws made under section 6 of the Locomotives Amendment (Scotland) Act 1878. (4) The powers and duties of the Secretary for Scotland in relation to the office of Assessors of Railways and Canals under the Lands Valuation (Scotland) Act 1854. (5) The powers and duties of the Secretary for Scotland under section 5, as modified by section 26 (1) of the Light Railways Act 1896, and under Orders made pursuant to that Act so far as they relate to the assessment of light railways to local rates. (6) The powers and duties of the Secretary for Scotland under the Western Highlands and Islands (Scotland) Works Act 1891. (7) The powers and duties of the Secretary for Scotland under section 4 of the Development and Road Improvement Funds Act 1909, in relation to applications for advances for the con struction and improvement of harbours in connection with the development and improvement of fisheries. LIQUOR CONTROL BILL.-The Liquor Control (Temporary Provisions) Bill has now been published. The Memorandum states that the object of the bill is to bring forthwith under direct Parliamentary control the exercise of the existing powers for the regulation of the liquor traffic. These powers are contained in the Defence of the Realm (Liquor Control) Regulations 1915, which would cease to have effect at the "termination of the war," unless specially extended by an Order in Council. Clause 1, therefore, temporarily continues these regulations, and, by extending their operation over the whole of Great Britain, makes it possible to remove the distinctions between one district and another which survive from the war conditions under which they originated. Under Clauses 2 and 3 the powers, duties, etc., of the Central Control Board (Liquor Traffic) are transferred to the Home Secretary and the Secretary for Scotland respectively, and the Board is abolished. The Bill is strictly temporary. GRADUATION AT GLASGOW UNIVERSITY.— The following degrees were included among those conferred last week: LL.B. (with distinction)-J. A. Cameron, M.A.; B.L.-A. Cruickshank, A. Hamilton, G. J. Mitchell. NEW TOWN-CLERK FOR PETERHEAD.-Mr Alexander Davidson, Town Chamberlain, Peterhead, has been appointed Town-Clerk for the burgh in place of Mr A. Clark Martin, resigned. CHANGES IN MILITARY LAW.-It is interesting to learn that an Army Order will come into operation on 1st January 1921 which considerably modifies the rules of procedure for the conduct of courts-martial. GROCERY TRADE BOARD.-Sheriff-Substitute T. A. Fyfe, C.B.E., Glasgow, has been appointed chairman of this Board for the grocery and provisions trade in Scotland as specified in the Trade Boards (Groceries and Provisions) Order 1920. DEATH OF A ROTHESAY SOLICITOR. Mr Donald Grant, a well-known Rothesay solicitor, has passed away at the age of about sixty-one. A native of Rothesay, Mr Grant served his apprenticeship in the town-clerk's office, and afterwards started business for himself, having been later associated with his son, Mr William Grant, acting Procurator-Fiscal for the county and burgh, and clerk to the Bute Education Authority. Mr Grant bad an extensive practice, and for a good many years acted as Liberal agent for Bute. WAR DEFENCE OF THE REALM -SHIPPING CONTROLLER SHIPPING REGULATIONS LICENSES-VALIDITY-DEFENCE OF THE REALM (CONSOLIDATION) ACT 1914 (5 GEO. V. CAP. 8), SECTION 1 (I)-DEFENCE OF THE REALM REGULATIONS, REGULATIONS 39 BBB (1), 39 DD. Held that Regulations 39 BBB (i) and 39 DD of the Defence of the Realm Regulations, made under section 1 (i) of the Defence of the Realm (Consolidation) Act 1914, which empower the Shipping Controller to make orders regulating the use of shipping and to prohibit any British ship proceeding to sea except under license granted by him, are not ultra vires.-K.B. Div. (Greer J.).-29th March 1920. Commissioners of Inland Revenue v. Alexander von Glehn & Co. REVENUE EXCESS PROFITS DUTY-ASCERTAINMENT OF PROFITS—DEDUCTIONS-PENALTY AND COSTS INCURRED THROUGH BREACH OF charterers should determine it by fourteen days' notice. Disputes arose between the parties some time later, and the defendants, who contended that it was an implied term of the charter-party that they could terminate it on giving reasonable notice, ordered the tug, whose crew was supplied by them, home and gave the plaintiffs fourteen days' notice to terminate the hire. Some weeks later the tug was requisitioned by the Admiralty. Held that the charter-party meant that the hiring should continue as long as the tug was in existence, unless the charterers gave notice to end it, and that the defendants' notice was inoperative but that no damages for breach of the contract were due for the period subsequent to the date of requisition.-K.B. Div. (Rowlatt J.).-8th and 30th March 1920. TIME LIMIT FOR LEGAL PROCEEDINGS MANAGER PERSON EMPLOYED IN OR ABOUT MINE PRECAUTIONS FOR SAFETY-CARE OF INJURED AFTER ACCIDENT-COAL MINES ACT 1911 (1 & 2 GEO. V. CAP. 50), SECTION 103 (1)—COAL MINES ACT 1914 (4 & 5 GEO. V. CAP. 22), SECTION 2-COAL MINES REGULATIONS 1913, REGULA LAW-INCOME TAX ACT 1842 (5 & 6 VICT. CAP. 35), SECTION 100, SCHEDULE D, CASE 1, RULE 3. -Held that the amount of a penalty and costs TION 28.-Held (1) that section 2 of the Coal incurred under the Customs (War Powers) Act Mines Act 1914, which authorises proceedings 1915 (5 Geo. V. cap. 31) was not a loss de-in respect of breach of the Coal Mines Act 1911, ductible under section 100, Schedule D, Case 1, or the Regulations made thereunder, within Rule 3 of the Income Tax Act 1842, in comput-three months of the report of an inspector ing profits assessable to excess profits duty.Court of Appeal (Lord Sterndale M.R., Warrington and Scrutton L.JJ.).-29th March 1920. period (6 months) within which such proceedor court of investigation did not restrict the period (6 months) within which such proceedings may be taken, under the Summary Jurisdiction Act 1848 (11 & 12 Vict. cap. 43), section 11, under section 103 (1) of the Coal Mines Act 1911; (2) that the words "person employed in or about the mine" in Regulation 28 of the Coal Mine Regulations 1913 included the manager; and (3) that the words "omit to do anything necessary for the safety . . . of the persons employed therein" in that Regulation covered acts committed or omitted in the care or treatment of persons injured by an accident, ww with a view to minimising the consequences.K.B. Div. (Lord Reading C.J., Avory and Roche JJ.).-16th April 1920. Manton v. Cantwell. WORKMAN Rex v. Manchester Profiteering Committee-Ex parte WAR-EMERGENCY LEGISLATION-PROFITEER- OF A MEAL-PROFITEERING ACT 1919 (9 & 10 GEO. V. CAP. 66), SECTION 1.-A complaint was made to the Manchester Local Profiteering Committee in respect of the charge for a meal in a restaurant. Each item was separately ordered and separately charged in the bill presented by the proprietor of the restaurant, and some of them did, while others did not, fall within the Board of Trade's Order of 11th September 1919 applying the Profiteering Act 1919 to certain articles. Held that as the relation of vendor and purchaser had been created in respect of each of the articles forming the meal, and as the majority of them fell within the Order, the Committee had jurisdiction to entertain the complaint. Decision of the Divisional Court (ante p. 43) affirmed.Court of Appeal (Bankes, Scrutton, and Atkin L.JJ.).-21st April 1920. WORKMEN'S COMPENSATION EMPLOYMENT FOR THE PURPOSES OF THE EMPLOYER'S TRADE OR BUSINESS WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 13.-The husband of the appellant was a civil bill officer and also worked for farmers as a labourer and at thatching and turf cutting. He was employed by the respondent, who was a farmer, to thatch the front of the roof of the latter's farmhouse, and while doing so fell from the roof, sustaining serious injuries. He claimed compensation, liability for which was disputed by the respondent on the ground that he was not a workman within the meaning of the Act, but ultimately an agreement was made and recorded under which the respondent agreed to pay weekly compensation. The injured man subsequently died of his injuries. Held, in a claim by his widow for compensation, that the respondent was not estopped by the agreement from denying liability, but that, on the facts, the deceased was employed for the purposes of the respondent's trade or business and was therefore a workman within the meaning of the Act.-House of Lords (Lord Birkenhead L.C., Viscount Finlay, Viscount Cave, Lord Atkinson, and Lord Shaw of Dunfermline).-20th April The Parliament-House Book for 1920-21. 1920. Sun Permanent Benefit Building Society v. Western Suburban and Harrow Road Permanent Building Society. FRIENDLY SOCIETY BUILDING SOCIETY ADMINISTRATION OF FUNDS INVESTMENTS POWERS—SURPLUS FUNDS—BUILDING SOCIETIES ACT 1874 (37 & 38 VICT. CAP. 42), SECTION 25. -Held that the power of investment conferred on building societies by section 25 of the Building Societies Act 1874 implies a general power to contract for the purchase of any investment which comes within the range of investments authorised by that section, and that such a contract would be intra vires the society, both in cases in which the society at the date of entering into it had not sufficient surplus funds to pay for the investments, and in cases in which the society at the date of entering into it had sufficient surplus funds to pay for the investments, but in which before completion the surplus funds had become immediately required for the purposes of the society and were therefore no longer available for the completion of the purchase.-Chan. Div. (P. O. Lawrence J.).— 20th April 1920. LAW LIBRARY. BOOK NOTICES. burgh: W. Green & Son Ltd. Price 21s. Edin The The annual appearance of a new edition of this familiar book of reference serves to remind us of the rapid growth, in these days, of the body of statutory law with which the practising lawyer has to keep himself familiar. statutes which have been incorporated in this edition for the first time include those dealing with Land Settlement 1919, and Letting and Rating, Rent and Interest, Finance, and Duplicands of the current year. But the reader will find some new features in this edition which will enhance its value. The Companies Consolidated Act 1908 has been supplied with a much-needed alphabetical index; the sections of the book which deal with Estate Duty and Succession Duty have been brought down to the current year; and among the miscellaneous information has been inserted a list of Sheriff-Clerks' offices at which Commissary business is conducted. These are indications of a desire to increase the usefulness of a work which will maintain its unique place in all the law libraries throughout Scotland. THE LATE MR JAMES BURNS, TOWN CLERK, MOTHERWELL. We regret to announce the death on Tuesday last, at Stanley House, Motherwell, of Mr James Burns, senior town-clerk of the newly amalgamated burghs of Motherwell and Wishaw. Mr Burns, who was born at Stanley in Perthshire, served his apprenticeship in the office of the late Mr Melville Jamieson, Procurator-Fiscal of that county. Subsequently he received his early experience of law work in the office of the town-clerk of Edinburgh, where the foundations of his wide experience of municipal matters was laid. While in Edinburgh Mr. Burns had a distinguished career at the university as a student in the law classes. interest in the local cricket and football clubs. He was also one of the pioneers of motoring in Scotland. For services rendered in connection with the war, he had conferred on him the Order of the Golden Palm of the Belgian Government. Mr. Burns, who was sixty-three years of age, is survived by his wife and two sons. NEW PROCURATORS-FISCAL.-Following upon the recommendations of the Committee presided over by Lord Blackburn in regard to the tenure, status, and promo tion of the Procurators-Fiscal, the Lord Advocate has made the following appointments: Mr W. J. Robertson, solicitor and ProcuratorFiscal at Portree, to be ProcuratorFiscal of the Kilmarnock District of the county of Ayr. Mr William Grant, solicitor, to be ProcuratorFiscal of the county of Bute. Mr Alexander Aitken, solicitor, to be ProcuratorFiscal of the county of Wigtown at Stranraer. Mr Alexander Dugald Ma c tion works, and a large electricity undertaking. | kinnon, O.B.E., solicitor, to be Procurator-Fiscal In connection with these and other schemes the of the county of Inverness at Portree. burgh has been involved in numerous important Parliamentary contests and litigations, in all of which Mr Burns' capability was amply demonstrated. He filled the position of town-clerk from 1883 up till the recent amalgamation of Motherwell and Wishaw, when he became senior town-clerk of the combined burghs. He was well known throughout Scotland and was president of the Scottish Burgh Officials' Association. Mr Burns' business activities did not give him much opportunity for other pursuits. He was, however, a golfer and a bowler and took great CAMPBELTOWN BANK AGENCY.-Mr James Reoch, who has been agent of the Campbeltown branch of the Clydesdale Bank for more than 30 years, has resigned the appointment owing to ill-health, and Mr J. P. Russell, who has been joint agent since March last, has been given the sole agency. Mr Reoch served his apprenticeship in the Leith branch of the Clydesdale Bank, which was established by his father in 1856, and was joint agent of the Miller Street branch, Glasgow, prior to his Campbeltown appointment. END OF THE STEIN INTERREGNUM A decision, pronounced on 6th November by a Court of seven judges (Lang v. Lang, reported in this issue), has noteworthy features. It overrules a judgment at which the First Division arrived so recently as 1914 (Stein v. Stein, 1914, S.C., 903); and in the course of their opinions some of the individual judges would seem to depart from views previously expressed by them. A husband raised an action of declarator of nullity of marriage on the ground that at the time of the marriage the defender was in fact pregnant by another man, averring that he was in ignorance of the fact, and that the defender fraudulently represented to him that he was responsible for her condition, and thereby induced him to enter into a marriage with her. On the relevancy, the Court held that the pursuer was not entitled to decree of nullity. On the merits of the decision, pronounced by so authoritative a bench, it would be presumptuous to enter-even if one were inclined to differ from it. The public will doubtless regard it as—to use a favourite term of budding publicists—“reactionary." But the word is not deadly; and such criticism is disarmed by the suggestion, occurring in more than one of the judgments delivered, that, if a remedy be required, it can be obtained by legislation. But there appears to be, both in the circumstances of the decision and in the rationes decidendi, a certain element of inconsistency, which is unusual; and it is to this aspect of the case that these few observations are confined. The necessity for overturning a decision of the Court issued only six years ago is unfortunate. As there is continuity of the Court, there is consistency of its enunciation of the law; and this is looked for. their lives and conduct their business affairs in reliance on it. One is used to "re-consideration" of decisions-but it is rare to find so recent a decision over-ruled, as in the present case. Let it be admitted at once that, if a mistake has been made, the sooner it is corrected the better, although, in this connection one wonders why the doubts of the soundness of Stein did not find some expression in the case of Alexander v. Alexander (1920, 1 S.L.T. 307). It is to be taken that the case of Stein was a brief usurpation; and that after the short interregnum the ancient rule has been restored. Nevertheless, the necessity is to be regretted, and the result is "unsettling." It tends to shake the public faith in Courts and judges. Not a few husbands who found themselves in circumstances more or less like those disclosed in Stein's case, had during the Stein interregnum been professionally advised in accordance with the law there laid down, and had taken steps to follow the advice. These, at least, and their acquaintances, will consider the law of Scotland unstable, and lacking in consistency. Turning to the opinions and dicta in the case, one must, with all respect, confess to failing to find there complete consistency. Let us take only one instance; and in doing so let us remember that inconsistency is not without its defenders-as it is not without its exponents. Malheur à qui ne se contredit pas une fois par jour, said Renan. Compare the dictum of one learned judge in the case of Alexander (cit. supra) on the is a contract and similar to other contracts, with important point of the extent to which marriage the dictum of the same judge on the same point some seven months later, in Lang. The wrong In the former case the Lord Justice-Clerk said : complained of was much the same in both cases. "It is said that this contract of marriage was brought about by the fraud of the defender. Well, be it so. When a fraud which is sufficient to invalidate a contract has been discovered or respect a contract of marriage is not a bit different explained to the innocent party-and in this from any other contract-the contract will not stand unless the innocent party homologates it; and in that case a plea of homologation will bar that party from getting rid of the contract." In his judgment in the case of Lang, the Lord Justice-Clerk said: "It" (i.e. marriage) "is in itself an institution and a status which the State recognises as affecting the rights and capacities not only of the parties to the marriage but of to speak of marriage as a contract or as subject to the many others. To my mind, it is most misleading law of contracts." It is hard to see how these two statements can be reconciled. GLASGOW JURIDICAL SOCIETY.-The opening meeting of the session of the Glasgow Juridical Society was held on 18th inst. in the Faculty Hall, Glasgow-Mr Harold M'Intosh, president, in the chair. A number of new members were elected. Office-bearers for the session were appointed, Mr J. M'Leish being elected president and Mr J. M'Kechnie vice-president. On the motion of the President, the meeting. approved a recommendation by the retiring directors, fixing the annual subscription at 10s., an increase of 5s., and reducing the entrance fee. A debate afterwards took place on the advisability of passing an Act allowing the Court in its discretion to award expenses to accused persons who were successful in their defence, Mr H. J. M'Intosh leading for the affirmative, and Mr W. G. Young, Depute-Procurator-Fiscal, Glasgow, for the negative. |