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Lord Kyllachy, whose death took place on pleading soon won him a large practice, and in a 9th December, was the son of the late Mr few years' time he and Mr J. P. B. Robertson William Mackintosh, Provost of Inverness, and (afterwards Lord Robertson) were recognised be was educated at Edinburgh Academy and as the leading junior counsel at the Bar. Edinburgh University, where he graduated in 1879 he appeared for one of the directors of the Arts with honours in Mental Philosophy. City of Glasgow Bank in the criminal trial After spending some
time in that train- which followed the failure of that institution, ing ground of notable lawyers, the office of and he also had share of the civil work of Messrs Gibson Craig, Dalziel & Brodie, he was the liquidation-in particular he acted for the admitted to the Faculty of Advocates in 1865. defender in the action which the liquidators His legal acumen, sound judgment and forceful of the bank brought against Sir William
Mackinnon of Balinakill. He was appointed Pro- v. Edinburgh and District Tramways Co. Ltd.; curator of the Church of Scotland in 1880, and Corporation of City of Glasgow v. Hepburn ; HighSheriff of Ross, Cromarty, and Sutherland in land Railway Co. v. Sellar; The Lord Advocate v. 1881, and he held these offices until 1886, when Marquis of Zetland. It is unusual to find the he was elected Dean of Faculty in succession Scots cases more numerous than the English to Mr J. B. Balfour.
appeals, but this is perhaps accounted for by In 1889 Mr Mackintosh was appointed a the fact that the last sittings were devoted Judge of the Court of Session in succession to almost entirely to the hearing of English appeals, Lord Fraser. He spent sixteen years in the only one Scots appeal (Caledonian Railway Co. v. Outer House, for it was not until 1905 that he Great North of Scotland Railway Co ) being taken. succeeded Lord Trayner as a member of the That case was decided towards the end of the Second Division. He sat there for only two sittings, so that there are no Scots appeals years, resigning in 1907 to the great regret of awaiting judgment. everybody wbo had to do with the Court. It is the fashion to say that he was not a good A SITTING of the High Court of Justiciary judge of fact, and it was certainly true that he was held in Glasgow on 23rd December. The found the mastering of figures, plans, specifica- calendar was one of the lightest on record, only tions, and other complicated facts a difficult two cases being set down for trial. Lord and somewhat painful process. This, however, Guthrie was the presiding judge, and Mr was largely due to his determination to make William Mitchell acted as advocate-depute. sure that he thorougbly understood the case from every possible point of view, and when the bare facts were once mastered his judgments
COURT OF SESSION. on questions of fact were very good indeed.
The Bill Chamber rotation for the next year His eminence as a lawyer was never in dispute. Even in his younger days at the Bar his legal
is as follows: learning and ability were regarded as something 1918-19. February week. Lord Dundas. unusual, and within a very short time of his appointment to the Bench it was universally
Spring Vacation. recognised that his was one of the finest legal Friday, 21st March, to Thursday, 3rd April, minds that ever existed. His knowledge of the
Lord Salvesen. feudal law of Scotland has seldom been equalled, Friday, 4th April, to Thursday, 17th April, and he was well versed in the law of entail, of
Lord Mackenzie. vesting, and of settlement--in short, in all those Friday, 18th April, to Thursday, 1st May,
Lord Anderson. branches of law which are most dreaded by the lawyers of the present generation. It was a
Friday, 2nd May, to Thursday, 12th May,
Lord Guthrie. misfortune to the law that his term of office in the Inner House was so short, but several of his
Autumn Vacation. Outer House judgments-notably Wylie's Trs. v. Wylie (vesting subject to defeasance) and Monday, 21st July, to Sunday, 3rd August,
Lord Skerrington. Sheriff v. Denholm (relevancy of averments of Monday, 4th August, to Sunday, 17th August, malice in slander actions) — have attained the
Lord Cullen. rank of leading cases.
Monday, 18th August, to Sunday, 31st August, In politics Lord Kyllachy was originally a
Lord Sands. Liberal, but on the Home Rule question being Monday, 1st September, to Sunday, 14th September, raised by Mr Gladstone in 1886 he threw in Monday, 15th September, to Sunday, 28th September,
Lord Ormidale. his lot with the Liberal Unionists. He was,
, , however, much more of a lawyer than
a Monday, 29th September, to Sunday, 12th October, politician, and he was & candidate for
Lord Blackburn. Parliamentary honours.
Monday, 13th October, to Sunday, 14th October,
Lord Dundas. HOUSE OF LORDS, -The latest list of causes standing for hearing in the House of Lords
Christmas Recess, 1919-20. includes 29 appeals, of which 12 are from First week
Lord Dundas. England, 13 from Scotland, and 4 from Ireland. Second week
Lord Salvesen. The Scots appeals are: North British Railway Co. v. James Nimmo & Co. Ltd.; John G. Stein The following list of members of the Faculty E Co. Ltd. v. T'he Lord Advocate ; Craig v. of Advocates who have now returned to practice Corporation of Glasgow; Ferries v. Viscountess after giving their services to the country in war Coredray; Waddell v. Commercial Union Assur time is published with the authority of the
Co.; Malcolm v. Lockhart; Baikie v. Dean of Faculty : Corporation of City of Glasgow; Grant v. G. & G. Mr J. B. Ballingall, 6 Abercromby Place. Kynoch ; Hamilton v. The Lord Adrocate ; Clarke Mr A. C. Black, 4 Melville Crescent.
Mr Archibald Crawford, 9 South-East Circus heads of the Departments under the CorporaPlace.
tion. The ceremony took place in the Council Mr J. C. Fenton, 41 Great King Street. Chamberon 26th December, and Mr Macnaughton, Mr George Hart, 53 Castle Street.
Superintendent of the Fire Brigade, presided. Mr Edwyn O. Inglis, 27 India Street.
The address, which was signed by nineteen Mr James Macdonald, 15 Stafford Street. officials, referred to the esteem in which Mr
Mr R. H. Maconochie, 23 Northumberland Martin was held by all sections of the comStreet.
munity, the high standard which he had set Mr Charles Milne, 23 Stafford Street. himself in the discharge of his official duties, Mr T. D. King Murray, 1 Dundonald Street. and the eminent position which he had won Mr T. Graham Robertson, 8 Dundas Street. among the town-clerks of Scotland. Mr Martin Mr A. N. Skelton, 11 Castle Street.
acknowledged the compliment paid him by his Mr G. D. Valentine, 17 Great King Street. former colleagues. Mr J. L. Wark, 23 Duke Street. Mr J. B. Young, 46 Great King Street.
MR JOHN DRUMMOND STRATHERN has been appointed Procurator-Fiscal for the Lower Ward of Lanarkshire, at Glasgow, in room of the late Mr P. F. M.Kenna. The new Fiscal is the
son of the late Mr John Strathern, of Messrs THE LATE SHERIFF CRAWFORD. Macpherson & Strathern, writers, Glasgow. He
is a native of Glasgow, having been born in We regret to record the death of Mr Donald the Dennistoun district, and was educated at Crawford, K.C., which took place in Edinburgh Whitehill Academy, Whitehill Higher Grade on 1st January. Mr Crawford, who was born in School, and Glasgow University. His appren1837, was the only son of Alexander Crawford, ticeship was served with Mr John Wark, senior of Aros, Argyllshire. He was educated at partner of the firm of J. M. & J. H. Robertson. Edinburgh Academy and at Balliol College, After admission as a solicitor he began busiOxford. He subsequently studied at Heidelberg, ness on his own account. In 1912 he received and was admitted to the Faculty of Advocates in the appointment of Depute Procurator. Fiscal, 1962. In 1880 he became legal secretary to Lord and during the war he has taken a prominent Advocate M‘Laren, and continued in the same part in the prosecutions that have arisen out office under Lord Advocate Balfour. Mr Craw- of the special war legislation. In earlier life ford remained a Liberal throughout his life. He he was
an active member of the Glasgow entered Parliament for the North-East Division Parliamentary Debating Association. of Lanarkshire in 1885, and continued to represent that constituency until 1895, when he was appointed Sheriff of Aberdeen, Kincardine, and MR JAMES CUMMING, solicitor, Town-Clerk Banff, a position which he resigned in 1911. of Montrose, has been appointed agent of the During his tenure of office he exhibited judicial Montrose branch of the Commercial Bank of and administrative faculties of a high order and Scotland Ltd. on the confidence and esteem of the legal profession and of the community. In 1909 the MESSRS JOHN STEUART & GILLIES, writers, University of Aberdeen conferred on him the Glasgow, have assumed as partners Mr William bonorary degree of Doctor of Laws. In 1904 MacDonald Alexander and Mr James Rae he was appointed chairman of a committee on Menzies, who have been for many years in whaling and whale-curing in the North of Scot- the employment of the firm as trust-clerk and land, and in 1910 he was appointed Chairman procurator respectively. of the Committee on Fiars' Prices. D.L. for the counties of Aberdeen and Banff, and a J.P. for the City of Edinburgh.
WE regret to record the death of Mr Gavin To the last Mr Crawford continued to take B. Motherwell, solicitor, which took place at an interest in the affairs of the Faculty of Bridge of Allan on 13th December. Mr Advocates, and although he was not often seen Motherwell, who was seventy-four years of
, in the Parliament House after his resignation, age, was a partner of the firm of Motherwell & he generally contrived to be present when any M.Murdo, solicitors, Airdrie. He was Provost business of importance was down for discussion of Airdrie in the Jubilee year of Queen Victoria, at a meeting of the Faculty.
and during his term of office, in 1885, an extension of the burgh boundaries was carried through.
Subsequently he became town-clerk of the On the occasion of his retirement from the burgh. He retired from business some years office of Town-Clerk of Paisley, which he has before his death. held for forty years, Mr Francis Martin was presented with an illuminated address by the
He was a
difference between his present wage and that DECISIONS IN THE ENGLISH
which he had earned before his accident. COURTS.
After the lapse of six months the employers Wauters and Another v. Association Internationale applied, under the First Schedule (17), to be
allowed to redeem this weekly payment. Held d'Agences Ltd.
that the clause authorised redemption in the
case where it represented the whole measure CONTRACT EMERGENCY LEGISLATION
of compensation to which the workman was COURTS (EMERGENCY POWERS) ACT 1917 (7 & 8 GEO. V. CAP. 25) SECTION 1 (2)—“SERIOUS the case in which the amount paid weekly repre
entitled, and that it was not applicable to HARDSHIP”-RELIEF.—Held that the increase in cost of the performance of a contract to supply sented only part of the statutory liability of the a commodity owing to a rise in its price in the employer - Decision of the Court of Appeal open market, due to Government action for the Lord' Finlay L.C., Viscount Haldane, Lord
(1917, S.L.T. 79) reversed.-House of Lords purpose of the defence of the realm, did not Sumner, and Lord Wrenbury).—15th July 1918. constitute “serious hardship” under the Courts (Emergency Powers) Act 1917, and that a party to a contract who had failed in such circumstances to fulfil it was liable in damages for Elliott Steam Tug Co. Ltd. v. Charles breach of contract.-K.B. Div. (Rowlatt J.).
Duncan & Sons Ltd. 12th July 1918.
SHIP CHARTER-PARTY VESSEL REQUISI
TIONED BY ADMIRALTY
PARTY TERMINATED THEREBY-GROSS BASIS OR
NET BASIS.- A vessel which had been chartered WAR—DEFENCE OF THE REALM-EXERCISE OF for a montb, with the option to the charterers COMPULSORY POWERS TO ACQUIRE LAND-MAN. of continuing the hire monthly for any further SION-HOUSE-DEFENCE OF THE REALM (ACQUISI- period, was requisitioned by the Admiralty, who TION OF LAND) ACT 1916 (6 & 7 GEO. V. CAP. 63), afterwards transferred the vessel from gross SECTION 13 (1) (1).—The Defence of the Realm basis to net basis; the ship was also employed (Acquisition of Land) Act 1916, section 13 (1) in work not covered by the terms of the charter(6), granted authority to the Railway and Canal party. Held that the charter-party had not been Commission to acquire compulsorily any park, terminated by the requisitioning of the vessel, garden, pleasure-ground, or farm, or any part but that the question whether or to what extent thereof, on which before the passing of the Act the owners were entitled to participate in the there had been erected any building for the bire of the vessel paid by the Government fell manufacture of munitions of war, provided that to be determined by a referee.-K.B. Div. they were satisfied that it was of national (Rowlatt J.).- 16th July 1918. importance that it should be so acquired. Held, where a park containing a mansion-house was acquired under such authority, that the right was not limited to such portion of the land as was actually in possession of the Munitions Department at the time when the Act was ACT OF SEDERUNT. passed, but that a right was implied to acquire the mansion-house which was situated therein. ADAPTING ACT OF SEDERUNT OF 10TH Decision of Railway and Canal Commission MARCH 1918 TO APPEALS UNDER (1918, S.L.T. 43) affirmed.—Court of Appeal
THE WAGES (TEMPORARY) RE(Swinfen Eady M.R., Warrington and Duke GULATION) ACT 1918. L.JJ.).-15th July 1918.
EDINBURGH, 21st December 1918.
The Lords enact and declare that in any Clawley v. Carlton Main Colliery Co. Ltd. appeal under the Wages (Temporary Regula
tion) Act 1918, the rules prescribed by Act of WORKMEN’S COMPENSATION ACT 1906 (6 EDW. Sederunt dated 10th March 1918 shall apply as VII. CAP. 58), SECTION 1, AND FIRST SCHEDULE if “Minister of Labour” were substituted for (17) — COMPENSATION WEEKLY PAYMENT BY “ Minister of Munitions” therein, except in EMPLOYER REPRESENTING PART OF HIS LIABILITY section 19 (1) thereof. ONLY REDEMPTION COMPETENCY. The And the Lords appoint this Act to be entered employers of an injured workman who had in the Books of Sederunt and to be printed and partially recovered from his injuries provided published in common form. him with a house and light work, and paid him in addition a weekly amount equivalent to the
THE NEW GOVERNMENT.
a son of the late Mr G. F. Pollock, Senior
Master of the High Court. He was educated Sir Frederick Smith, the Attorney-General, bas at Charterhouse and at Trinity College, Cambeen appointed Lord Chancellor in succession to bridge, and was called to the Bar in 1885. He Lord Finlay.
contested the Spalding Division of Lincolnshire Sir Gordon Hewart, the Solicitor-General, has as a Unionist at the General Elections of 1900 been appointed Attorney-General in succession to and 1906 unsuccessfully, but was elected for Sir Frederick Smith.
Warwick and Leamington in 1910. He took Sir Ernest M. Pollock, K.C., M.P., has been silk in 1905, was appointed Recorder of appointed Solicitor-General in succession to Sir Kingston-on-Thames, and in war time he gave Gordon Hewart.
valuable assistance to the Government as
chairman of the Contraband Committee and as Lord Finlay was born in Edinburgh in 1842, Controller of the Foreign Trade Department. and was the eldest son of Dr William Finlay. He was elected a Bencher of his Inn in 1914. He was educated at Edinburgh Academy and at Edinburgh University, where he graduated The legal profession is well represented in the in medicine. Forsaking medicine for the law, new Ministry. Mr Lloyd George is, of course, he was called to the Bar at the Middle a member of the solicitors' branch of the proTemple in 1867. He entered the House fession. The Home Secretary (Mr Shortt) was of Commons as member for the Inverness a well-known King's Counsel before he became Burghs in 1885, and represented the Burghs Chief Secretary for Ireland a few months ago. till 1892, and again from 1895 to 1906. He The Colonial Secretary (Lord Milner), the was Solicitor-General from 1895 to 1900, and President of the Board of Agriculture (Mr Attorney-General from 1900 to 1905. In the R. E. Prothero), and the Chief Secretary for latter year he returned to the Bar on the resig- Ireland (Mr J. Ian Macpherson) are all members nation of Mr Balfour's Government. In 1916, of the English Bar. Mr Munro, the Secretary on the formation of Mr Lloyd George's Govern- for Scotland, is a member of the Faculty of ment, he was appointed Lord Chancellor in Advocates, and so is Sir Robert Horne, the new succession to Lord Buckmaster, but he re- Minister of Labour. fused to accept the pension which is usually Sir Robert Horne is the son of the late Rev. granted to the Lord Chancellor in the event of R. S. Horne, minister of Slamannan. After his retirement. He has proved a great success a most distinguished career at Glasgow Uniin the discharge of his judicial duties, and his versity he was admitted to the Faculty of retirement after so short a term of office is much Advocates in 1896. He soon became recognised regretted, but it cannot be denied that at the as a leading junior, and he took silk in 1910, age of seventy-six he has well earned a rest. after only fourteen years at the Bar. In the
Sir Frederick Smith was born in 1872, and same year he twice contested Stirlingshire as is the eldest son of the late Frederick Smith, a Unionist.
Unionist. In January 1917 he gave up his barrister-at-law. After a most distinguished practice in order to assist in the conduct of the eareer at Oxford he was called to the Bar at war, and was appointed Assistant DirectorGray's Inn in 1899, and practised for some General of Transportation. Shortly afterwards years at Liverpool. He became member of he became Director of the Department of Parliament for the Walton Division of Liver- Materials and Priority at the Admiralty, and last pool at the General Election of 1906, and his year he was appointed Director of the Admiralty maiden speech was one of the most successful Labour Department and Third Civil Lord. ever delivered. He soon became one of the At the recent election he was elected Member prominent members of the Unionist party, and, of Parliament for the Hillhead Division of although he had never held any Ministerial Glasgow. It is exceptional for a new member office, he was invited to take his seat on the to be appointed to a seat on the Treasury Front Opposition Bench. He was appointed Bench straight away. But Sir Robert's proSolicitor-General in May 1915 on the formation fessional brethren entertain a very clear opinion of the first Coalition Cabinet, and in the autumn that the Ministry of Labour is very fortunate of that year he succeeded Sir Edward Carson as in having him as its new chief. Attorney-General. He has published a number of treatises and articles on international law. WE tender our hearty congratulations to
Sir Gordon Hewart, the new Attorney-General, Sheriff Lees on his appointment as a Knightwas born at Bury in 1870, and was called to the Commander of the Order of the British Empire. Bar at the Inner Temple in 1902. He contested Sir John Lees was born in Glasgow in 1843, North-West Manchester at a bye-election in and was educated in Ayr and Edinburgh. He 1912, and became Liberal member for Leicester was admitted to the Faculty of Advocates in in 1913. He was appointed Solicitor-General 1867, and five years later became Sheriffin December 1916.
Substitute at Airdrie. He was transferred to Sir Ernest Pollock was born in 1861, and is Glasgow in 1875, where he remained for sixteen