DECISIONS IN THE ENGLISH COURTS. Moul v. Thomas Tilling Ltd. and the Croydon Corporation. - STREET NEGLIGENCE WOOD PAVEMENT RISK OF ACCIDENT FROM UNSUITABLE PAVING MATERIALS-LIABILITY OF HIGHWAY AUTHORITY. -A passenger in a motor omnibus sustained injuries in an accident caused by the omnibus having come into collision with an electric light standard. The accident was due to the road having got into a dangerous state, in consequence of the wood pavement having got out of order in wet weather. Held that the public authority responsible for keeping the road in good repair was not liable in damages.-K.B. Div. (Avory and Lush JJ.).—31st May 1918. SHIP CHARTER - PARTY DELAY DUE TO GOVERNMENT ORDERS FOR ARMAMENT-CLAIM FOR DEDUCTION FROM HIRE.-A vessel proceeding from New York to Havre was delayed in the course of her voyage owing to orders from the Admiralty that she should be armed. The owners were bound under the charter-party to maintain the vessel in a state of efficiency, and hire was not to be payable "in the event of loss of time from deficiency of men or stores." Held that the obligation to conform to the orders of the Government did not imply absence of efficiency, and that the charterers were not entitled to make a deduction from the hire of the vessel in respect of loss of time and consumption of coal.-K.B. Div. (Sankey J.).—4th June 1918. DEBT-" ACCOUNT STATED."-In the course of an action a document was produced, signed by a husband, which declared that certain properties and shares had been purchased by him with money advanced from his wife's estate, with a holograph note appended: "This document in the event of my death to be construed as my will, I having made no other. I appoint my wife as sole executor." Held that the document was not an account stated," or an admission of a sum of money due, sufficient to form a distinct cause of action, but was of a testamentary character and could only take effect on the husband's death. Judgment of Darling J. affirmed.-Court of Appeal (Swinfen Eady M.R., Scrutton and Duke L.JJ.).—5th June 1918. Hosier Brothers v. Secretary of State for War. CROWN-CONTRACT-CONTRACT BY A SERVANT OF THE CROWN-ACTION OF DECLARATOR-RIGHT TO RAISE ACTION AGAINST SECRETARY OF STATE. -Held that no action can be raised against a servant of the Crown for a declarator of the effect of a contract made by him on behalf of the Crown. Judgment of Coleridge J. reversed.— Court of Appeal (Swinfen Eady M.R., Scrutton and Duke L.JJ.).-6th June 1918. Rover v. South African Breweries Ltd. . REVENUE-INCOME TAX-COLONIAL INCOME TAX - COMPANY DEDUCTION OF INCOME TAX FROM DIVIDEND PREFERENCE SHARES FINANCE ACT 1916 (6 & 7 GEO. V. CAP. 24), SECTION 43.-A company deducted from its profits 1s. 6d. in the £ as payment of colonial income tax, and when making payment of dividends to shareholders deducted income tax at the rate of 5s. in the £ from the preference share dividends, and at the rate of 3s. 6d. in the £ from ordinary share dividends. Held that, under section 43 of the Finance Act 1916, the 1s. 6d. in the £ already paid was to account of income tax payable by the preference shareholders, and that the company could only deduct income tax at the rate of 3s. 6d. in the £ from the preference share dividends.-Chan. Div. (Astbury J.).-6th June 1918. The "Kingsway." SHIP · COLLISION-ASSESSED DAMAGES-DEMURRAGE DURING TEMPORARY REPAIRS-ESTIMATED COST OF PERMANENT REPAIRS.-A vessel had sustained damage by collision through the fault of another vessel, but owing to the urgent demand for shipping due to war conditions she was repaired only sufficiently to make her HUSBAND AND WIFE ACKNOWLEDGMENT OF temporarily seaworthy. Held that the owners SUCCESSION Warwick v. Warwick. were entitled both to demurrage during temporary repairs, and also to damages for the estimated prospective cost of permanent repairs, including an allowance for loss of time.-Prob., Div., and Adm. Div. (Hill J.).-10th June 1918. COMMISSION TO BE FILED WITH REGISTRAR.The Companies (Consolidation) Act 1908(8 Edw. VII. cap. 69), section 89, defines the circumstances under which a limited company may pay commission for procuring persons to take shares, upon a statement granting authority to do so being filed with the shares of the company. Held that, in the case of shares not offered to the public for subscription, such commission might not be paid unless a statement of the amount of the commission had been previously filed.-K.B. Div. (Bailbache J.).-14th June 1918. Roff v. British and French Chemical Manufacturing Registrar of Companies before allotment of the SLANDER Co. Ltd. PRIVILEGE MALICE PUBLICATION.-A letter containing a statement which was defamatory but privileged was addressed to a business firm, and became known in the course of business to a clerk in the firm's employment. Held that the accidental publication of the statement to a third person was not sufficient to destroy the privilege by which it was protected. Judgment of Darling J. reversed.-Court of Appeal (Swinfen Eady M.R., Scrutton and Duke L.JJ.).-13th June 1918. Coldman v. Hill. CONTRACT-CUSTODY OF CATTLE-LIABILITY FOR NEGLECT OF PRECAUTIONS FOR SAFETY. An owner of cows contracted with a farmer to receive and graze them on his farm. Two of them were stolen, but the farmer, when informed that they were missing, assumed that they had been removed with the owner's authority. Held that the farmer was not liable to the owners for their loss.-K.B. Div. (Atkin and Shearman JJ.).-13th June 1918. Bowen & Co. v. Samuel. MONEY LENDING-LEGALITY OF TRANSACTION -MONEY-LENDER MAKING LOAN AT OFFICE OF (6 APPOINTED DATE" UNDER THE MILITARY SERVICE ACT 1916-BRITISH NATIONALITY AND STATUS OF ALIENS ACT 1914 (4 & 5 GEO. V. CAP. 17).-A son of Swiss parents, but born in England, possessed by the law of Switzerland a right from birth to claim Swiss citizenship; and in pursuance there of he went to Switzerland and registered his birth, and afterwards served in the Swiss army. He returned to England and was called up for military service, the "appointed date" under the Military Service Act 1916 being 2nd March 1916. Subsequently to that date he made a declaration of alienage under the British Nationality and Status of Aliens Act 1914 (4 & 5 Geo. V. cap. 17), section 14 (1). Held that on the "appointed date" he was a British subject, and could not by subsequent action alter his nationality.-K.B. Div. (Avory, Spearman, and Sankey JJ.).—14th June 1918. Price v. Guest, Keen & Nettlefolds Ltd. CLIENT.-The Money-lenders Act 1900 (63 & 64 Vict. cap. 51), section 2 (1) (b), enacts that a money-lender shall "carry on the money-lending business in his registered name, and in no other name and under no other description, and at WORKMEN'S COMPENSATION ACT 1906 (6 his registered address or addresses, and at no EDW. VII. CAP. 58), SCHEDULE I. (1) other address." Held that where a money-lender COMPENSATION CONTINUOUS EMPLOYMENT in London had written to a person offering to INTERRUPTION OF EMPLOYMENT OWING ΤΟ lend him money, asking for an interview at his STRIKE.-A workman entitled to compensation office in Manchester, and afterwards at this had been in continuous employment for threeinterview a loan had been made, the transaction years prior to the date of the accident, except was not illegal, and the money-lender was for a week when a strike took place, during entitled to recover the money. Judgment which he voluntarily absented himself from of Darling J. (ante, p. 22) affirmed.-Court of Appeal (Pickford, Bankes, and Warrington L.JJ.).—14th June 1918. work. Held (diss. Lord Finlay L.C.) that though there was interruption of work there was no interruption of employment, and that the amount of compensation should be the total earnings during the three years preceding the accident. Decision of Court of Appeal (1917, S.L.T. 47) affirmed. - House of Lords (Lord Finlay L.C., Lord Atkinson, and Lord Wrenbury).-17th June 1918. TIONS OF WAR (AMENDMENT) ACT 1916 (5 & 6 GEO. V. CAP. 99), SECTION 5 (3)—JURISDICTIONMUNITIONS TRIBUNAL COUNTY COURT.-Held that a claim by a workman in a controlled establishment under the Munitions of War Acts 1915 and 1916 for wages during a period during which, owing to a strike, he was not supplied with work could only be heard by a Munitions Tribunal, and that the County Court had no jurisdiction.-K.B. Div. (Shearman and Sankey JJ.).-18th June 1918. EXECUTED ABROAD-WILLS ACT 1861 (24 & 25 VICT. CAP. 114), SECTION 1.-The Act 24 & 25 Vict. cap. 114, section 1, provided that wills made out of the United Kingdom should be admitted as regards personal estate if made according to the law of the place where made. Held that a beneficial interest under a settlement, under which heritable estate in England was held in trust to sell and divide the proceeds of sale, was not personal estate within the meaning of the Act, and that a will valid under French law, made by a British subject domiciled in France, was not effectual under the Act to convey a right to such estate.-Chan. Div. (Peterson J.).-18th June 1918. Miles v. Forest Rock Granite Co. (Leicestershire) Ltd. EXPLOSION VEYANCE ON BOARD STEAMER. - A policy of insurance against war risks was effected on goods from time of purchase and whilst in warehouse awaiting dispatch, and to any port or place in the United Kingdom, "and until on board steamer," and "per land conveyance from anywhere in the United Kingdom to anywhere in the United Kingdom." While the goods were in a barge in a dock alongside the steamer to which they were to be transferred they sustained damage through an air raid. Held that the insurance applied to land transit only, and that there was no liability under the policy.-K.B. Div. (Bailhache J.).—19th June 1918. LAW LIBRARY. BOOK NOTICES. Reminders for Company Secretaries. By Herbert W. Jordan (Managing Director of Jordan & Sons Ltd.). Third Edition. London: Jordan & Sons, 116 and 117 Chancery Lane, W.C. 2. 1918. Price 9d. nett. This little booklet, which was first published in May 1917, has gone through three editions, a fact which is eloquent testimony to its practical utility. The author, Mr Herbert W. Jordan, is a well-known expert in company law, and many valuable books on that branch of the law have come from his pen. The present work, which should be in the hands of every company's secretary, successfully summarises the principal obligations in regard to companies which affect secretaries. One advantage of the book is that the summary is an alphabetical one of the principal statutory provisions with which all secretaries of companies should be acquainted. The Companies Acts 1908 to 1917 are very comprehensive, and include the Companies (Consolidation) Act 1908, comprising 296 sections and 6 schedules; the Companies Act 1913, comprising 2 sections and 1 schedule; the Companies (Foreign Interests) Act 1917, comprising 3 sections; and the Companies (Particulars as to Directors) Act 1917, comprising 4 sections, so that the task of the company secretary is no light one, if he is to bear in mind even the principal provisions of these Acts of Parliament. With this little book he cannot go wrong, as it is an accurate and a trustworthy guide to the information which it professes to supply. There is also a useful Appendix, which deals with the subjects of Winding-Up and Reconstruction"; "Documents to be Filed on Incorporation: (a) by CONSTRUCTION OF TERMS-LAND POLICY-CON- Public Companies, (b) by Private Companies," NEGLIGENCE BLASTING IN QUARRY - LIABILITY FOR INJURY TO PERSON ON ADJACENT PUBLIC ROAD. The owners of a quarry in the vicinity of a public road had been in the habit of giving notice to passers-by, prior to blasting, by personal warning and otherwise; but little attention having been paid by the public to such warnings, and no accident having happened during a period of twenty years, the system of giving warning had fallen into some neglect. Held that the quarry owners were liable in damages to a person on the road who had received injury from an explosion in blasting, on the ground that it was the quarry owners' duty to keep all the results of the explosion on their own lands.-Court of Appeal (Swinfen Eady M.R., Scrutton and Duke L.JJ.). -19th June 1918. Ewing & Co. v. Sicklemore. INSURANCE AGAINST WAR RISKS-POLICY and "Duties and Fees Payable on Incorporation of a dwelling-house (irrespective of value), of Companies." We have had occasion before to praise Mr Jordan's authorship in the realm of company law, and the present edition of this booklet well deserves the public appreciation it is sure to get. In this book a difficult and intricate statute, which few people understand, is most lucidly set forth with explanatory notes, and in a learned and scholarly way, by that distinguished author of legal treatises, Sir Hugh Fraser. Few modern legal authors have got his easy style of writing, or his complete grasp of legal principle. The scheme of the book is to set out the whole of the Act verbatim, and then each section is fully dealt with in the explanatory notes which follow them, and the various authorities examined with both accuracy and care. These notes are really excellent. In addition to being explanatory, they are critical and original, both in thought and in treatment, and they display to the full the learned author's well-known scholarship. For example, his examination of the decision in the case of Wigtown (1874), 2 O. & H. 215, at pp. 183, 185, 188, 191, 195 and 198, is most illuminating. The extraordinary extension of the new franchise under this Act, which repeals no less than fifty statutes and modifies fifty-seven others, is shewn by the fact that at least 3,000,000 men and 6,000,000 women will be added to the register as parliamentary electors. The most novel change which the Act introduces is, of course, the enfranchisement of women, but the enfranchisement of sailors, soldiers, and others serving in connection with the war is provided for by giving them the franchise for the constituency in which, but for their war service, they would have been entitled to vote, or for the constituency (if any) in which they happen to have an actual qualification. Under the old law there were seven alternative qualifications for the parliamentary franchise; under the present Act, as regards men, there are but three alternative qualifications, viz. residence, business premises, and the university qualification. The period of qualification has been shortened from one year to six months, there being two qualifying periods in the year -one ending on 15th January and the other on 15th July. Women who have attained the age of thirty now receive the vote under the Act. Apart from university constituencies, there are two alternative qualifications: (1) the woman must be entitled to be registered as a local government elector in respect of the occupation or of land or premises (other than a dwellinghouse) of a yearly value of not less than £5; or (2) she must be the wife of a man who is entitled to be so registered. Of the 6,000,000 new women voters, it is estimated that 5,000,000 will come on the register by virtue of their husbands' qualification. As regards the local government franchise, it is conferred on women and men on equal terms, viz. when they reach the age of twenty-one; and a woman, further, may be registered and vote by virtue of her husband's qualification in respect of premises in which they both reside, if she has attained the age of thirty. Under the Act, 5,000,000 women will be added to the register of local government electors. There is to be a new system of official registration. The old dignified office of revising barrister is abolished, and many will regret the passing of this courteous and estimable gentleman. There is to be, instead, a registration officer, and there is to be a right of appeal from his decision to the County Court and from the County Court, on questions of law alone, to the Court of Appeal. Interesting facts are that the counties lose five members, whilst the universities gain six, and the House of Commons is numerically increased by thirty-seven members. The Act applies to Scotland, subject to the modifications continued in the 43rd section, with its 19 subsections, which exclusively applies to Scotland. The whole work is a masterly exposition of the new law on the subject; is marked by great learning, care, and thoroughness; and, as the price of it is, in addition, extremely moderate, it ought to be in great demand, and have a ready sale. The Juridical Review. Vol. ΧΧΧ., Νο. 3. September 1918. As usual, the "Juridical Review" opens with a discussion of the case law of the quarter (both English and Scots). Then follows the continuation of Mr Roughead's article on "Robert Fergusson, the Scottish Poet." Under the title "A Professional Retrospect, 1834," Mr John Burns gives an interesting account of the evidence which was led before a Select Committee of the House of Commons which was charged with the duty of enquiring into the salaries of the judges of the Court of Session. Incidentally it appears that on at least one occasion the Second Division sat for less than eight hours in a week, and that the Dean of Faculty of the day found House of Lords appeals unprofitable. Mr T. W. Marshall, barrister-at-law, discusses the English law with reference to the right to bring an action for breach of promise against the estate of a deceased person, and an excellent number concludes with a review of recent legal literature. THE HON. LORD BLACKBURN. Mr Robert Leslie Blackburn, who has been appointed a Judge of the Court of Session, was born in 1864. He comes of a legal stock, for his father was a member of the Scottish Bar, an advocate-depute, and Sheriff of Stirling and Linlithgow; while his uncle, Lord Blackburn, was a Lord of Appeal in Ordinary, and one of the greatest names in the history of English law. The new judge was educated at Clifton and at Tri nity. College, Cambridge, where he graduated with honours in mathematics. He attended the law classes at Edinburgh University, and was admitted to the Faculty of Advocates depute on the formation of Mr Lloyd George's Coalition Government in December 1916. In his time he has taken a considerable part in politics. As a fluent and persuasive platform speaker, his services were much in demand, and were always freely given at the call of his party. He has held high office in the Primrose League, and he contested Forfar shire as Unionist candidate in 1910. In that contest he was not successful. Whether his want of success was due to the unsoundness of his political views or to the wrongheaded ness of the electors it is not for us to say, but it was certainly not caused by any failure on the part of the candidate, who did everything that man could His professional brethren entertain a very clear opinion that Nature always intended Mr. Blackburn to be a judge. in 1887. Since then he has conducted a large | do for his side, and he had at least the satisand lucrative practice, which has included an faction of considerably reducing the hostile unusually large proportion of heavy litigations majority. on conveyancing questions, of which most people have a wholesome dread, though they have never had any terrors for Mr Blackburn. He acted for a time as counsel to the Commissioners of Woods and Forests, and was an advocate-depute under the Unionist Government from 1903 to 1905. He resigned in December 1905, when his party went out of power, and took silk in 1906. He returned to the Crown Office as senior advocate FACULTY OF ADVOCATES.-Mr Robert Gibson, M.A., B.Sc., LL.B., Glasgow, Lieutenant, Royal Garrison Artillery (Special Reserve), was admitted to the Faculty of Advocates on 1st November. Mr W. G. Skinner was appointed |