indicate either that workmen's compensation litigation is a diminishing quantity, or that that form of litigation has been badly hit by the war. No legal practitioner who has to do with workmen's compensation can safely be without this series of reports. by hostilities, riots, or civil commotion, or for loot, sack, or pillage in connection therewith." Held that the temporary absence of the occupier of the premises during an air raid did not amount to failure to take proper precautious for their safety; that the circumstances of an air raid were not those to which the excepting clauses referred, and that the insurance company was liable under the policy.-K. B., Div. A Digest of the Law of Agency. By William (Bray J.).-25th February 1919. The "Dora" and The "Annette." Bowstead, of the Middle Temple, Barristerat-Law. Sixth Edition. London: Sweet & Maxwell Ltd. 1919. We do not think it necessary to describe this WAR-OWNERSHIP OF VESSEL-ARRESTMENT new edition of Bowstead on Agency in detail, -GOVERNMENT REQUISITION-STATUS OF PRO VISIONAL GOVERNMENT OF NORTHERN RUSSIA- Provisional Government of Northern Russia LAW LIBRARY. BOOK NOTICES. Co Butterworth's Workmen's Compensation Cases. Vol. The eleventh volume of Butterworth's Workmen's Compensation Cases includes reports of all cases decided in the House of Lords and the Court of Appeal in England from October 1917 to December 1918, together with a selection of the Scottish and Irish decisions of the same period. From the point of view of the Scots practitioner it would be an advantage if all the Scots decisions had been noticed, but when that criticism has been made, we have nothing but praise for the editors' work-the manner in which the cases are reported and indexed leaves nothing to be desired. The volume is smaller than some of its predecessors, and this may for its features are well known to all who have to do with the practice of the law. The new cases have been included down to the end of 1918. Quoad ultra the book remains what it was, for the very good reason that it cannot be improved upon. Transactions of the Grotius Society. Volume IV. The present volume of the Transactions of the Grotius Society is a very interesting one, and quite up to the usual standard of that learned body. A noteworthy feature of the present volume is the report of the committee on the Legal Status of the Submarine, which, for obvious reasons, it was considered inadvisable to publish during the war. There is also included Maeterlinck's paper, "The Freedom of the Scheldt," with Dr Bisschop's reply, and the discussion thereof by the Society, which form the Appendix Another interesting chapter is Dr Bisschop's "War Legislation in Belgium," in which the learned author points out the failure of the German authorities to observe the laws which they themselves imposed. Among other articles which are well worthy of perusal and study may be mentioned "The Future Law of Neutrality," by Lord Phillimore, "The TreatyMaking Power of the Crown," by Judge AtherleyJones, K.C., "Some Schemes for a League of Nations," by Mr. D. W. Evans Darby, and "Divergencies between British and Other Views on International Law," by Mr G. Kaeckenbuck. Sir Francis Piggott, too, has written an able Note on the construction of the definition of British subject in section 1 of the Nationality Act 1914. The editors of the present volume have, as usual, done their work with care and discretion, and a word of appreciation is due to them. While the subjects and the manner of dealing with them are rather too technical to arouse or attract popular interest, many lawyers will peruse these interesting articles with pleasure. JOHN W. MORE, SHERIFF-SUBSTITUTE, BANFF. THE LATE MR CHARLES EATON LIPPE, K.C. John W. More, the new Sheriff-Substitute at Although some time has elapsed since Mr. Banff, is the second son of the late Francis Lippe was last seen in the Parliament House, More, C.A., of the firm of Lindsay, Jamieson his death on 6th June came as a painful shock & Haldane, and was born in 1879. Educated to his many friends. For some years before he at a Swiss private school and later at Edinburgh University and Trinity College, Oxford, he was admitted a member of the Faculty of Advocates in 1905. Prior to 4th August 1914 Mr More, while carrying on a practice palpably incommensurate with his merits, was engaged in numerous activities connected with the Parliament House. He worked as a reporter on the Mr More is a keen golfer and an enthusiastic tennis player. Enthusiasm and ability charseterise all he does, but a brief catalogue of his capabilities conveys a very inadequate idea of the high place which he held in the esteem of those who tread the floor of the Parliament Hall. To this his musical gifts largely contributed. He is an ardent lover of music, and can sing a great variety of songs well, and with no lack of dramatic vigour. His friends all rejoice in his promotion, and he leaves the Parliament House, which will miss him much, bearing the cordial good wishes of his brethren. was laid aside he had been in the front rank of Junior Counsel at the Scottish Bar, and his powers as an advocate whom it was good to have on one's side were known to every practising lawyer in Scotland. Like many others who have become eminent at the Bar, Mr Lippe began his professional life as a solicitor, and when, after six years of a busy practice in Aberdeen, he "burned his boats" and came to Edinburgh in 1903, he did so in no haphazard fashion, but as part of a settled plan which he had formed and nourished from the day he first elected to follow the law. His plan and choice were more than justified by the result. In this simple statement we have one of the. characteristics which served to make Mr Lippe an outstanding success, viz. the faculty of taking a long view and following it up, quietly and unobtrusively, but at the same time persistently and determinedly. It was the comprehensiveness and breadth of his judgment which formed the solid rock of Mr Lippe's popularity as an adviser and pleader, and secured for him in a marked degree the confidence of the Bench. Sagacious and even cautious he was in counsel and debate, but his cautiousness was born of a firm courage and exhibited no trace of the timorous. He was the fortunate possessor of what has been termed "God's greatest gift to man," the instinctive sense of relevance, and this logical faculty was combined with indefatigable industry, a pleasing voice, a persuasive method of using it, a well-stored mind, the vehicle of simple but terse language, and a wide practical experience of business. The Bar has suffered a great loss by Mr Lippe's removal in the zenith of his career. Quite recently he had the honour of being appointed a King's Counsel. He had all the qualities which inspire confidence and go to make a successful leader, and had fate decreed otherwise, it can be said with confidence that he would have attained a still higher place in the legal life of Scotland. Those who had the privilege of knowing Mr Lippe intimately and outside his professional life held him in the highest esteem. He was a leal and sympathetic friend, and had ever that quick appreciation of the humorous side of life which made him a most entertaining companion. His fund of anecdote was extraordinary, but, more extraordinary still, his humour was always of that kindly nature which bore no sting of malice. Mr Lippe leaves a widow and three daughters, to whom our heartfelt sympathy goes out. FACULTY OF ADVOCATES. The following gentlemen were admitted to the Faculty of Advocates on Friday, 6th June: Mr John Gibb Thom, M. A., LL.B., Edinburgh, late LieutenantColonel, 6th Gordon Highlanders; Mr George Henderson Crichton, B.A., Oxford, late Captain, 9th Scottish Rifles; Mr James Glencorse Wakelin, O.B.E., M.A., LL B., Edinburgh, late Captain, 5th Royal Scots Fusiliers; and Mr Neil Eiler MacLeod, M.A., Glasgow, late Captain, 3rd Queen's Own Cameron Highlanders. FACULTY OF ADVOCATES.-At a meeting of the Faculty of Advocates held on 30th May, Mr Noel Skelton was appointed as one of the Reporters on Probabilis Causa in room of Mr J. W. More, resigned. Salmond, Daniel Gardner, James Rae Menzies, and William Macdonald Alexander. The Dean referred to the addition of 20 per cent. authorised on legal charges for the current year, which increase the council considered would require to be continued for at least another year, and he also referred to com munications with the Clerk to the Examiners and Sir George M. Paul on the subject of suggested relaxations of the rules as to general knowledge examinations and University rules with regard to University degrees in view of war conditions, followed by a report on the subject by the Dean and Professor Mounsey on behalf of the legal bodies interested to the Lord President and to the examiners. An Act of Sederunt thereafter submitted to the legal bodies had been somewhat unsatisfactory, but they were unable to secure amendments to meet their views in full. The entire subject of legal education in Scotland, dealt with in a recent report issued by the Incorporated Society of Law Agents in Scotland, would require to be dealt with in the near future, as also what alterations, if any, would require to be made in connection with the admission of women to the profession. Mr Spens's term of office having expired, Mr James Andrew, writer, 160 West George Street, Glasgow, was appointed Dean, and Messrs John Sands Galbraith, B.L., Robert Francis Barclay, LL.B., and Hugh Reid Buchanan, LL.B., were appointed members of council. New members of standing committees were also appointed. The following representatives of the Faculty on the boards of public trusts were appointed: Baillie's Institution-Messrs Peter Lindsay Miller, John Arthur Thom, William Gemmill, Alexander Bell Ferguson, Richard John Cunliffe, and David Baird Smith; the John Monteith Bursaries-Mr John Jackson Coats; the John Reid Bursary Mr John Hurll; the John Gibson Bursary-Mr Charles Edwards Beckett: Western Infirmary-Messrs Frederick Gordon Mackillop and John Grove; Victoria Infirmary Walter King; Royal Samaritan Hospital for Women, Glasgow-Mr Nicol Ferguson Cameron: Glasgow Eye Infirmary-Mr Harry Lumsden. THE statutory general meeting of the S.S C. Mr James Ness; St Mungo's College-Mr Society was held on 2nd June. Mr James M'Gregor Jack and Mr Arthur Somerville Orr were elected members of Council, and Mr J. A. B. Horn, Mr J. N. Rae, and Mr John M. Young were elected to vacancies in the offices of censor, examiner, and auditor. GLASGOW PROCURATORS. THE annual meeting of the Hamilton Society of Solicitors was held on 2nd June. Mr John Cassels, of Messrs Hay, Cassells & Frame, was appointed Dean in succession to Mr Alexander Ross, who has resigned. SIR THOMAS MUNRO, County Clerk of Lanarkshire, has been appointed Clerk and Treasurer the Lanarkshire Education Authority. The annual meeting of the Faculty of Procurators in Glasgow was held on 5th June in the Library Hall, St George's Place Mr John Alexander Spens, Dean, in the Chair. The following law agents were admitted members of Faculty Roderick Macdonald Nicol, LL.B. ; William Mitchell Lyle, LL.B.; William Beckett, jun.; Edward John Baxter, Andrew Bennet Arbroath. MR ROBERT FINLAYSON, Depute Town Clerk of Stirling, has been appointed Town Clerk of THE businesses of Messrs Crawford & Craw ford, S.S.C., and Messrs Hutton & Jack, S.S.C., both of 8 York Buildings, have been combined and will be carried on under the firm name of Hutton, Jack & Crawford, S.S.C., at 56 George Street, Edinburgh. to a will made before the passing of the Act by a testator who died after its date.--Prob., Div., and Adm. Div. (Coleridge J.).-3rd March 1919. North Shipping Co. Ltd. v. Union Marine MARINE INSURANCE PREMIUM TERMS THE business of Messrs Cameron & Orr, S.S.C., has been amalgamated with the firm of Messrs Dove, Lockhart & Smart, S.S.C., 29 York Place. | PREMIUM RETURNABLE ON VESSEL LAID UP IN The combined businesses will be carried on under PORT.-A policy of marine insurance contained the firm name of Messrs Dove, Lockhart & a clause providing for the return of part of the Smart at 29 York Place, Edinburgh. premium for each consecutive thirty days the vessel might be laid up in port; it was also provided that the return should not be allowed if the vessel was "lying in a roadstead or in exposed and unprotected waters." The vessel was employed, by order of the Admiralty, while in harbour, in coaling warships. Held that the provision for return of premium, though customarily applicable to the case of a vessel discharging her cargo, did not apply to the coaling of ships, and that the owners were not entitled to any return of the premium. Decision of Bray J. (ante, p. 26) affirmed.-Court of Appeal (Bankes, Warrington, and Duke L.JJ.).-4th March 1919. THE business of J. & D. G. Stalker (of which Mr D. G. Stalker was sole partner) and the business of Cramond & Thomson, solicitors, Galashiels (of which Mr A. E. S. Thomson, M.A., LL.B., was sole partner), have been amal gamated. The joint business will hereafter be carried on, under the firm name of Stalker & Thomson, at the British Linen Bank Buildings, 44 High Street, Galashiels. DECISIONS IN THE ENGLISH FOR DAMAGE-INSURANCE-SPECIAL CONTRACT TRACT-GOVERNMENT OF RUSSIA BOLSHEVIST -CARRIERS ACT 1830 (11 GEO. IV. AND 1 WILL. REVOLUTIONARY AUTHORITY-SUBSISTENCE OF IV. CAP. 68), SECTIONS 1, 2, 6.-A parcel con- CONTRACT WITH RUSSIAN COMPANY.-An insurtaining glass to the value of over £10 was ance company, whose registered office was in delivered to a railway company for transmission, Petrograd, raised an action against a British the company's clerk being informed that it was insurance company for payment of a sum owing to be insured, but no declaration was made of to them as the balance upon certain re-insurance the value, and the charge made for transmission business, in terms of an agreement entered into was at the ordinary rate for glass up to £10 in between them in April 1917. It was pleaded in value carried at the company's risk. A claim reply that the hostilities in which Great Britain having been made on the ground of damage to was engaged against the Russian Bolshevists the parcel in transit, held that there had been rendered the Russian company an alien enemy, failure on the part of the sender to disclose the and also that, owing to the revolutionary convalue of the goods, and that inasmuch as no special dition of Russia having rendered business contract had been proved whereby the protec- impossible, the contract had been automatically tion of section 1 of the Carriers Act 1830 to the dissolved. Held that a Bolshevist administrarailway company had been excluded, the com- tion of Russia had not been recognised by the pany was not liable for the loss.-K.B. Div. British Government, that Great Britain was not (Avory and Lush, JJ.).-28th February 1919. at war with Russia, and that as the defendant company had by their course of action treated the contract as still subsisting, they were liable under it for the amount sued for.-K.B. Div. (Bailhache J.).-5th March 1919. In re Yates. Birkett v. Cowper-Coles. SUCCESSION -WILL-SAILOR'S WILL-VALIDITY-WILL MADE BEFORE DATE OF VALIDATING ACT-WILLS (SOLDIERS' AND SAILORS') ACT 1918 (7 & 8 GEO. V. CAP. 58), SECTION 2.-Held that the provisions of the Wills (Soldiers' and Sailors') Act 1918, which rendered valid nuncupative wills TO PREPARE TRANSFER.-Held that where an under circumstances in which they would not undertaking had been entered into to purchase have been previously recognised, were applicable shares in a company, in a contingency that had COMPANY -SHARES-PURCHASE-OBLIGATION arisen, from one of its shareholders, the obligation to prepare a transfer lay upon the purchaser. -K.B. Div. (A. T. Lawrence J.).-6th March 1919. Romariz & Pistacchini v. Zeyer & Co. SALE-AGREEMENT AS TO MODE OF PAYMENT -DOCK WARRANTS-STATEMENT ON WARRANTS AS TO CONDITION OF GOODS. It was agreed by purchasers of imported goods that payment should be made by their bankers on the presentation by the sellers of dock warrants. Held that a statement in writing upon the warrants "Cases frail, not accountable for quantity of contents"-did not justify a refusal to accept them.-K.B. Div. (Bailhache J.).-6th March 1919. The synopsis This object is fully achieved. LAW LIBRARY. BOOK NOTICES. Education Authorities Handbook: A Digest of the Education (Scotland) Acts 1872 to 1918, with the Text of the Statutes and an Account of the Statutory Powers and Duties of Education Authorities and School Management Com mittees. By G. N. Morrison, B.A.(Oxon), LL.B.(Glasgow), Writer in Glasgow. Edin burgh: William Hodge & Co. Price 10s. 6d. nett. The Increase of Rent and Mortgage Interest (War The department of "emergency legislation" with which this little volume deals is one which affects such a large proportion of our population so deeply that it is not surprising that it has produced a number of expositors who have sought to make plain the obscurities of legis lative language. There is probably not a Sheriff Substitute in Scotland who has not spent anxious hours during the past month in If the standard or success of education in tracing his way through this particular maze. Scotland is dependent upon the number of sta- The problem is not made any easier by the tutes dealing with this subject, or upon the policy which has been adopted of giving a wide multiplicity of departments, authorities, and com- scope to judicial discretion. When a judge mittees controlling it, then the rising generation finds himself directed to scrutinise "some other is indeed most fortunate, and should grow up ground which may be deemed satisfactory to wondrous wise. There are now no fewer than the Court," or to consider whether something thirteen Education (Scotland) Acts on the is "reasonable . . . . after considering all the Statute Book, while as many other statutes must circumstances of the case," he is apt to think be consulted before the law affecting education that he is no longer a lawyer and a judge, but in Scotland can be fully traced. The latest Act a friendly mediator between quarrelsome neigh-the Education (Scotland) Act 1918-not only bours. It is perhaps not very much that an introduces many important changes, but it leaves expositor can do in such circumstances to assist unrepealed most of the provisions of the earlier either judge or litigant; but all that can usefully Education Acts. Consequently, to those who be done in the way of co-ordinating and arrangare interested in educational questions, some ing the legislative provisions and supplying a guide to this maze of enactments is not only concise commentary on them, Mr M'Neil has useful but essential. Such a guide will be found done. His arrangement is good, and his style in this handbook. Its aim is to give a complete clear; and he has done a service to his reader synopsis of the statutory provisions, arranged by referring to a number of decisions (mostly under suitable headings and with references to in inferior Courts, necessarily), in Scotland and the appropriate sections of the Acts, followed by in England, which assist in the construction of the text of the Education Acts, as far as still in the Acts. The volume includes, by way of force, and the text of certain measures which Appendices, a reprint of the three statutes in are incorporated in or referred to in these Acts." | full. |