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THE latest list of " causes standing for hear PROFESSOR RANKINE, K.C., LL.D. ing" in the House of Lords contains eleven We publish to-day a reproduction of the Scottish appeals, the same number of English, protrait of Professor Rankine, K.C., LL.D., and one Irish case. The Scottish appeals are: by Mr David Alison, A.R.S. A., now being Hamilton v. Lord Advocate (on behalf of Comexhibited at the Royal Scottish Academy missioners of Inland Revenue); Lord Advocate Exhibition. The portrait is the property of the (on behalf of Commissioners of Woods, Forests, Edinburgh Royal Asylum, on the governing and Land Revenues) v. Marquess of Zetland;

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body of which Professor Rankine has long M'Alinden (pauper) v. James Nimmo & Co. Ltd.; given valuable service.

Hindle v. John Cotton Ltd. and Others; Hamilton v. Caldwell; Stubbs Ltd. v. Mazure; William Alexander & Sons v. Aktieselskabet Dampskibet Hansa; Ferguson and Another (paupers) v. Corporation of City of Glasgow; Sivewright v. Sivewright and Others; Nicoll & Son v. Marshall & Co.; Steven and Another v. Claddagh Steamship

THE following are the arrangements for the
Autumn Circuits:-North: The Lord Justice-
Clerk and Lord Blackburn. Inverness-25th
July; Perth-28th July; Dundee-29th July;
Aberdeen 2nd September. West: Lord
Mackenzie and Lord Hunter. Stirling--21st Co. Ltd., et e contra.
July; Inveraray-23rd July; Glasgow -27th
August. South: Lord Skerrington and Lord
Ormidale. Jedburgh-31st July; Dumfries-
19th August; Ayr-21st August.

SOCIETY OF WRITERS TO HIS MAJESTY'S SIGNET.-The following gentlemen were this week admitted members of the Society of Writers

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to His Majesty's Signet :-Duncan Macnaughton, Dunderawe, Inverleith Place; Ralph Colley Smith, The Firs, Selkirk; George Smith Goodall Strachan, 2 Ettrick Road; John Simm Chesser, LL.B., 14 North Park Terrace; James Murray Cooper, LL.B., 42 St Alban's Road; and Jeffrey Blackstock M'Glashan, LL.B., The Manse, Gatehouse-of-Fleet.

MR THOMAS STEWART, who acted for many years as clerk to Lord Johnston, has received a commission as Second Assistant Clerk of Justiciary. Mr Stewart was severely wounded in France while serving with the A. & S. Highlanders, and was then detained a prisoner of war in Germany.

THE LATE MR ARCHIBALD D. WYLLIE.

Mr Wyllie was born at Busby on the 28th day of September 1860 and was educated at Busby, at the High School of Glasgow, and afterwards at the University of Glasgow. After a short experience in another law office he entered that of Messrs Maclay, Murray & Spens in 1877, where he soon made his mark by his aptitude, ability, energy, and character. He was admitted law agent in 1883, and after having for a number of years taken charge of the Court work of the firm he was assumed a partner in 1891.

Throughout his business life Mr Wyllie's department was principally that of commercial law. He speedily established himself as a capable lawyer and a sagacious adviser, and he enjoyed the confidence of a very wide circle of commercial and shipping clients.

His capacity for work was enormous, and he was unsparing of himself. His cases were prepared with the greatest care and thoroughness; every fact was investigated, every document was mastered, every point of law weighed and considered. In respect of ability in preparing a case for trial he had few equals, and very few men in Scotland have carried through so many important commercial litigations as Mr Wyllie.

He was forceful and capable as a pleader, and was in the first rank as a commercial and shipping | lawyer. He was very frequently consulted on knotty points by business men who were not amongst his ordinary clients, but who desired to have the benefit of his knowledge and experience on some particular question.

He was honourable and straightforward, a warm-hearted and generous friend, and always ready to give sympathetic help to any of his professional brethren.

Whilst his strenuous attention to business left him no time to engage in public life, he was well read in historical and social questions and took a strong interest in the movements of the day.

For some time prior to the war he had overtaxed his strength and his health had been impaired, and just when he required relief he was drawn back into heavy litigious work owing to junior partners and members of the staff having been called to active service in the field. His strenuous work brought on an illness; he recovered to some extent, and was able to proceed to Grantown-on-Spey, but a recurrence of the trouble took place and he died unexpectedly at Grantown on Friday 27th June.

Mr Wyllie leaves a widow and one son, who was severely wounded in the service of his country and whose long illness consequent on his wounds was a severe strain on his father. He had, however, the great pleasure of seeing him again in his old place and resuming his old work as a partner of the firm.

THE death has taken place, after a brief illness. of Mr Robert White, Town Clerk of Dunbar. He was formerly Burgh Chamberlain.

THE SUPERINTENDENT OF THE
PARLIAMENT HOUSE.

A familiar and pleasant figure is gone from the Parliament House in the person of Mr John Hill, the genial superintendent of the buildings, who retires under the age-limit regulation after twenty years' service. Mr Hill, who was housekeeper of H.M. Exchequer Office for eighteen years, was appointed superintendent of the Parliament House and Courts in 1899 in succession to the late Mr M'Whannell.

Mr Hill has been long respected for his unvarying courtesy towards all members of the public and for his active sympathies with the poor in the High Street-particularly with the children.

Mr Arthur J. Macdonald, the new superintendent, a native of Urray, Ross-shire, has had a distinguished career as a soldier. Enlisting in the Queen's Own Cameron Highlanders in 1889, he was promoted through the stages of noncommissioned rank to regimental sergeant major. In the opinion of his old comrades, and of competent judges in other regiments at Aldershot where the Camerons were for some time stationed, Mr Macdonald was one of the best types of sergeant major in the Army. On leaving the Army, Mr Macdonald was employed in H M. Exchequer Office, where he continued until the outbreak of war.

Rejoining his old regiment, he was given a commission as lieutenant and quarter - master in the 8th battalion of the Camerons and on 4th August 1918 proceeded to France with the 5th battalion as captain and quarter-master, taking part in the final advance, in which he was severely wounded. One who has earned the

respect and the affection of all ranks of his regiment to the degree in which Captain Macdonald has earned it, is likely to prove an ideal custodian of the Parliament House and of all its Courts.

Messrs Norman M'Bain and Messrs A. D. & A. C. Anderson have amalgamated their businesses, which will be carried on in future at No. 15 Hill Street, Arbroath, under the name of MBain & Anderson.

ACT OF SEDERUNT

AMENDING SECTION 8 OF BOOK A,
CHAPTER VIII., OF CODIFYING ACT
OF SEDERUNT ANENT REMUNERA-
TION OF NAUTICAL ASSESSORS.

EDINBURGH, 25th June 1919.

The Lords of Council and Session, considering that, owing to the great rise in wages and prices caused by the war, it is expedient that an increase be authorised in the fees allowed to Nautical Assessors by Codifying Act of Sederunt, Book A, Chapter viii., section 8, do hereby amend said section by deleting the words "three guineas" therein and inserting the words "four guineas" in lieu thereof, and the said amendment shall take effect in all causes in which a Nautical Assessor shall sit after this date.

And the Lords direct this Act to be inserted in the Books of Sederunt, and printed and published in common form.

CHARLES SCOTT DICKSON, 1.P.D.

ACT OF SEDERUNT

EXTENDING THE DURATION OF THE
PROVISIONS IN ACT OF SEDERUNT,
DATED 27TH NOVEMBER 1918, AUTH
ORISING TEMPORARY INCREASE
IN FEES UNDER C.A.S., K, IV. AND
C.A.S., M, II.

ACT OF SEDERUNT

APPOINTING SPECIAL SITTING OF THE
SECOND DIVISION OF THE COURT
OF SESSION.

EDINBURGH, 9th July 1919.

The Lords of Council and Session, under and by virtue of the powers conferred by section 10 of the statute 2 and 3 Vict. cap. 36, enact and declare that the Second Division of the Court shall sit during such part of the week commencing Tuesday, 22nd July current, as may be necessary to hear and dispose of the reclaiming note for the pursuers in causa Shankland & Co. v. John Robinson & Co., standing on the Short Roll of the said Division.

And the Lords appoint this Act to be entered in the Books of Sederunt, and to be published in common form.

CHARLES SCOTT DICKSON, I.P.D.

DECISIONS IN THE ENGLISH
COURTS.

Williams v. Curzon Syndicate, Ltd.

RESIDENTIAL

CLUB LIABILITY FOR LOSS
CLUB-PROPERTY LOST THROUGH BURGLARY-
CRIMINAL ACT OF EMPLOYEE OF CLUB--IN-
SUFFICIENT ENQUIRY AS TO CHARACTER-RULE
DISCLAIMING LIABILITY-NOTICE EXHIBITED IN

BEDROOM.-Among the rules of a residential club was one that no claim could be entertained in respect of property left or lost in the club-house, and a bye-law regulating the deposit of articles in the cloak-room; there was also a notice which, though subsequently withdrawn, continued to be exhibited in the bedrooms, that liability for lost property would only be recognised where it had been handed to an officer of the club and a receipt obtained in exchange. A lady staying at the club handed her jewellery to the manager in pursuance of this notice; but the jewellery The Lords of Council and Session enact and ask for a receipt. having been placed in the club safe, she did not The jewellery was stolen declare that the provisions contained in the Act from the club by a burglary committed in of Sederunt, dated 27th November 1918, auth-collusion with the night porter of the club, who orising temporary increase in fees under C.A.S., proved to have been a convicted criminal. Held K, iv. and C.A.S., M, ii., shall be extended, and that the club rule did not apply to the case of have full force and effect down to and including property lost through a burglary, and that in 30th September 1920.

EDINBURGH, 8th July 1919.

And the Lords appoint this Act to be entered in the Books of Sederunt, and to be printed and published in common form.

CHARLES SCOTT DICKSON, I.P.D.

view of the fact that insufficient care had been taken to ascertain the previous character of the night porter at the time of his engagement,

the club was liable for the loss.-K.B. Div. (Rowlatt J.).-5th March 1919.

Valentine v. Hyde & Howard.

TRADE UNION MEMBERSHIP-INTERFERENCE TO COMPEL CHANGE OF TRADE UNION-LEGALITY --TRADE DISPUTES ACT 1906 (6 EDW. VII. CAP. 47), SECTION 3.--Held that for members of a trade union to interfere with the employers of a workman for the purpose of compelling him to leave the trade union of which he was a member, and to join another, was an unlawful interference with his rights; that they were excluded by the unlawful character of the means employed by them from protection under section 3 of the Trade Disputes Act 1906, and that the workman was entitled to an injunction to restrain them.Chan. Div. (Astbury J.).-6th March 1919.

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Patent Castings Syndicate Ltd. v. Etherington.

CONTRACT-PERCENTAGE OF NET PROFITS OF COMPANY-MEANING OF NET PROFITS-EXCESS PROFITS DUTY.-Where under an agreement an employee of a company was to receive a certain percentage of the company's net profits, held that the net profits were the excess of receipts in the year over the current expenses which could be lawfully applied in payment of divi dends, and that excess profits duty must be deducted in order to ascertain the net profits on which commission was to be paid.-Chan. Div. (Younger J.).—10th March 1919.

Day v. Waldron.

LANDLORD AND TENANT DWELLING HOUSE -PRIVATE RESIDENCE--CONVERSION INTO FLATS -TERMS OF LEASE-BREACH OF AGREEMENT.—

A building leased as a self-contained dwellinghouse, under an undertaking that it was to be used as a private residence and that no alteration was to be made in its arrangement or appear ance, was converted by the lessee into separate flats. Held that a breach of the agreement had been committed and that the lessee was liable

HOTEL-OPTION GRANTED TO TENANT TO MAINTAIN RAILWAY STATION REFRESHMENT ROOMS -RIGHT OF RAILWAY COMPANY TO EXCLUDE TENANT.-A railway company, in a lease of ground for the erection of an hotel adjoining one of their stations, undertook that the tenant or occupier of the hotel should have the option of renting the station refreshment rooms. Held to the penalties provided for in the lease.-K.B. that the railway company were not precluded Div. (Avory J.).—10th March 1919.

by this agreement from themselves occupying the refreshment rooms for the purpose of carrying on the business of supplying refreshments there, to the exclusion of the tenant of the hotel to whom all rights under the lease had been expressly assigned. Decision of M'Cardie J. affirmed. Court of Appeal (Bankes, Warrington, and Duke L.JJ.).—7th March 1919.

SUCCESSION

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In re Hutchinson.

WILL

TRUST

-

"NEXT OF KIN -MEANING.-A testator in his will gave his residuary estate on trust for behoof of his children and their families, and provided that, in the event of the failure of the trust, "such residue shall be in trust for such person or persons as on the failure of such trusts shall be my next of kin and entitled to my personal estate under the statutes for the distribution of the personal estates of intestates." Held that the expression "next of kin " meant those who were next of kin at the time of the testator's death, and not those who were next of kin at the time of the failure of the trust through the death of all the beneficiaries under it. Decision of P. O. Lawrence J. affirmed.-Court of Appeal (Swinfen Eady M.R., Scrutton L J., and Eve J.).-7th March 1919.

M'Cabe v. Pathé Frères Cinema Ltd.

and

CONTRACT-EMPLOYMENT-CINEMA JOURNAL IST-ENGAGEMENT TO EDIT AND SUPERVISE THE ISSUE OF FILMS TERMINATION RIGHT TO SIX MONTHS' NOTICE. A journalist was engaged by a cinema company to edit and supervise the issue of a reel film of public events which was supplied to cinema theatres throughout the country, it being his duty to arrange write descriptions of the consecutive courses of subjects in order to their being placed on the screens for the purpose of explaining them to the audiences to which they were to be exhibited. This engagement having been terminated upon one month's notice, he claimed that as editor he was entitled to six months' notice according to the custom of journalism. Held that the duties which he performed in relation to the issue of films, though analogous to those of the editor of a newspaper, were not equivalent thereto, and that inasmuch as he had made no stipulation with his employers, when undertaking the duties in question, that his position was to be that of a newspaper editor, he was not entitled to more than one month's notice.-K.B. Div. (Bailhache J.).-11th March 1919.

DECISIONS IN THE ENGLISH

COURTS.

Cramb v. Goodwin.

Cheshire & Co. v. Thompson.

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- CONSTRUC

MARINE INSURANCE POLICY TION OF GENERAL WORDS.-Held that where in a marine insurance policy words are employed to provide against an unusual risk unconnected with marine or war risks, if the risk in question

CONTRACT-EMPLOYMENT-COMMERCIAL is not previously specified in the policy, it is

TRAVELLER COMMISSION ON ORDERS RIGHT

TO COMMISSION SUBSEQUENT TO TERMINATION OF EMPLOYMENT.—Held that where a commercial traveller was engaged on terms that he should receive a specified commission on all orders received from customers obtained by him, he was entitled, in the absence of express agreement, to repeat orders" received after he had left his employer's service.-K. B. Div. (Bailhache J.).-11th March 1919.

commission on

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Ross v. London County, Westminster, and Parr's

BANKING

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Bank.

CHEQUES CROSSED AND MADE PAYABLE TO PUBLIC DEPARTMENT-CHEQUES RECEIVED BY BANK WITHOUT ENQUIRY-NEGLIGENCE—BILLS OF EXCHANGE ACT 1882 (45 & 46 VICT. CAP. 61), SECTION 82.-Certain crossed cheques drawn in favour of the officer in charge of the administration of the estates of deceased Canadian soldiers, and endorsed by him, were misappropriated by a person having a private account at a bank, and paid into that account. Held that the cheques ought not to have been received by the bank without enquiry, and that owing to its negligence the bank was entitled to plead in defence section 82 of the Bills of Exchange Act 1882, and was liable for the loss of the money.-K.B. Div. (Bailhache J.). -13th March 1919.

SHIP

Steven & Co. v. Bromley & Sons.

CARGO

not

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AS TRADE MARK-DISTINCTIVE NAME-TRADE

MARKS ACT 1905 (5 EDW. VII. CAP. 15), SECTION 9 (5). In an application to register a trade mark for motor cars, held that the word "Burford," being the name of the firm which supplied the cars, and having been in use by them for four years, though both a geographical name and a surname, was sufficiently distinctive to justify its use as a trade mark. Decision of Sargant J. reversed.-Court of Appeal (Swinfen Eady M.R., Eve J., and Scrutton LJ. diss.).—14th March 1919.

King Hall v. Standard Bank of South Africa.

NAVY-CARRIAGE OF BULLION-PAYMENT OF

FREIGHT-REGULATIONS BY ORDER IN COUNCIL
—FREIGHT FOR TREASURE ACT 1819 (59 GEO. III.
CAP. 25), SECTION 1.-The Freight for Treasure
Act 1819 provided that carriage of bullion and
other articles of value by His Majesty's vessels
should not be undertaken without special
authority, and that payment of the freight
Held
should be regulated by Order in Council.
that the effect of the Order in Council of 20th
October 1914, repealing the Order in Council
previously existing, was to abrogate the system
under which freight was payable, and that inas-
much as no Order in Council regulating the
amount of freight remained in existence, no
claim for freight could be maintained under the
Act.-K.B. Div. (Bailhache J.).-14th March
1919.

CHARTER - PARTY CARRIED DIFFERENT FROM THAT SPECIFIED IN CHARTERPARTY-RATE OF FREIGHT-RIGHT OF OWNERS TO HIGHER FREIGHT.—In a charter party it was provided that the vessel should be loaded with steel billets for conveyance to France at a fixed freight, but as part of the cargo actually conveyed was general merchandise, for which the rate of freight was higher, the owners claimed a higher rate than that fixed in the charterparty for the general cargo. Held that, inasmuch as the charterers were aware that in the loading of the vessel the terms of the charterparty had not been adhered to, the rates agreed on in the charter-party were not applicable to the general cargo, and that in respect of it the HOUSE OF LORDS-ACT OF PARLIAMENT PASSED owners were entitled to a higher freight.-K.B. | BETWEEN ARGUMENT AND JUDGMENT IN COURT Div. (Bailhache J.).—13th March 1919.

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