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ing or managing, and acting or assisting in the management of a brothel. That these were separate offences, and not different modes of one offence, appeared from the use of the disjunctive "or" (King v. Kidd, 1903, 4 Adam, 275; Teesdale v. H.M. Advocate, 1896, 2 Adam, 137; Connell v. Mitchell, 1912, 7 Adam, 23; Greig v. Stewart, 1877, 3 Coup. 382).

Counsel for the Respondent were not called on; but the Lord Advocate mentioned the case of M'Culloch v. Rae, 1915, 7 Adam, 602.

On 23rd May 1919 the Court refused the Bill.

The Lord Justice-General.-This conviction is sought to be set aside on the ground that it is a general conviction following upon an alter native charge, and if that were so, of course we should suspend it. It appears to me to be quite clear that we have not here a proper alternative charge. Managing a brothel is not exclusive of assisting in the management of a brothel. One who assists in the management of a brothel manages a brothel only with aid, but he is none the less managing a brothel.

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INDEX OF CASES

ACCORDING TO NAMES OF PARTIES.

Note. The figures refer to the number of the Page, and not to the number of the Case.

L signifies House of Lords Decision.

O signifies Outer House or Bill Chamber Decision.

S signifies Sheriff Court Decision.

J signifies Justiciary Court Decision.

C.A. signifies Criminal Appeal Court Decision.

R signifies Registration Appeal Court Decision.

V signifies Lands Valuation Appeal Court and Valuation Appeal Court Decision.
T signifies Teind Court Decision.

R. and C.T.C. signifies Railway and Canal Traffic Cases.

ABERDEEN STEAM NAVIGATION Co. LTD., Petrs., Christensen v. Clyde Commercial Steamship Co.

249

Aberdeenshire Assessor, Duffus v., V 59

Ltd., O 143

Christie's Trs. v. Lawson's Exr., O 106

Advocate (Lord), Moffat Hydropathic Co. Ltd. Chrystal v. Mackinlay, O 250

v., O 82

Aird & Co. Ltd., Lavan v., 140

Anderson, Hyslop v., S 156

Argyllshire Assessor, Bulloch Lade & Co. Ltd.
v., V 56

BAIKIE v. Glasgow Corporation, L 126

Barrhead Co-operative Society Ltd., Lafferty v.,
O 257

Batty, Thomson Black & Co. Ltd. v., 122
Blair v. Kerr's Trs., 125

Blythswood (Lord), Glasgow Corporation v., O201
British Dominions General Insurance Co. Ltd.,
Nobel's Explosives Co. Ltd. v., O 195, 225
Brown's Trs. v. Gregson, 232
Brown's Trs. v. M'Kinnon, O 108
Bruce, Wylie's Trs. v., 41

Bulloch Lade & Co. Ltd. v. Argyllshire Assessor,
V 56

Burrell v. Maashaven Steamship Co. Ltd., 306

CALEDONIAN RLY. Co. v. Stein & Co. Ltd., 98
Campbell, Sinclair v., 136

Claddagh Steamship Co. Ltd. v. Steven & Co., 31
Clark v. Frasers, 23

Clarke v. Edinburgh and District Tramways Co.
Ltd., L 247

Clyde Commercial Steamship Co. Ltd., Chris-
tensen v., O 143

Clyde Navigation Trs., Gould & Co. v., S 198
Clyde Shipbuilding and Engineering Co. Ltd.,
Penney v., O 5, 177

Cohen, Rothfield v., O 138
Coltness Iron Co. Ltd., Dobbie
v., 66
Commercial Union Assurance Co. Ltd. V.
Waddell, L 266

Cormack and Another, Petrs., O 265
Cowdray (Viscountess), Ferries v., L 153
Craig v. Glasgow Corporation, L 131
Craig, Wright v., S 199

Cranston's Tea Rooms Ltd. (and Reduced), 107
Crawford, M'Farlane v., S 144
Cross v. Cross's Trs., O 167

DOBBIE v. Coltness Iron Co. Ltd., 66
Douglas, Rackstraw v., 158
Duffus v. Aberdeenshire Assessor, V 59

EADIE'S TRS. v. Henderson, O 253
Edinburgh and District Tramways Co. Ltd.,
Clarke v., L 247

Edinburgh Magistrates, North British Railway
Co. v., O 293

Edinburgh Merchants' Co. Widows' Fund Trs.,
Greig v., 217

Edinburgh Royal Blind Asylum, Sanderson's
Tr. v., O 39

Etna Iron and Steel Co. Ltd. v. Lanarkshire
Assessor, V 29

FAIRFIELD SHIPBUILDING AND ENGINEERING
Co. LTD., Fraser v., 63

Farme Coal Co. (1915) Ltd., Neilson v., 205
Ferries v. Viscountess Cowdray, L 153

Fletcher v. Robertson, 260

Forbes v. Matthew, 77

LAFFERTY v. Barrhead Co-operative Society Ltd.,
O 257

Lanarkshire Assessor, Etna Iron and Steel Co.
Ltd. v., V 29

Lavan v. Aird & Co. Ltd., 140
Lawson's Exr., Christie's Trs. v., O 106
Leng & Co. Ltd., Gordon v., 176, 242
Lockhart, Malcolm v., L 148

MAASHAVEN STEAMSHIP CO. LTD., Burrell v., 306
M'Dowall's Trs., Morland v., O 162
M'Farlane v. Crawford, S 144.
M'Gilchrist v. Wallace, S 309
Mackay, Grandison v., O 95
Mackenna v. M‘Millan, J 173
Mackenzie v. Wallace's Trs., 29

M'Kiernan v. Glasgow Corporation, 204
Mackinlay, Chrystal v., O 250

Fraser v. Fairfield Shipbuilding and Engineering M'Kinnon, Brown's Trs. v., O 108

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Glasgow Corporation, Baikie v., L 126

M'Kinnon & Co. Ltd. v. Whitelaw, O 304

Mackinnon's Trs. v. Inland Revenue, O 214
Maclaine, Gatty v., O 300

M'Millan, Mackenna v., J 173

Malcolm v. Lockhart, L 148

Marshall & Co. v. Nicoll & Son, 88

Matthew, Forbes V., 77

Glasgow Corporation v. Lord Blythswood, O 201 Miller v. Wilson, O 223

Glasgow Corporation, Craig v., L 131

Glasgow Corporation, M'Kiernan v., 204
Glasgow Corporation, Watt v., 109
Gordon v. Leng & Co. Ltd., 176, 242

Gould & Co. v. Clyde Navigation Trs., S 198
Grandison v. Mackay, O 95
Grant v. Kynoch, L 280
Gray v. Gray, O 163
Green v. Young, S 314

Greenock Assessor v. Wilson & Campbell, V 109
Gregson, Brown's Trs. v., 232

Greig v. Edinburgh Merchants' Co. Widows'
Fund Trs., 217

HADDINGTON, EARL OF, O 15
Harris' Trs., Petrs., 220

Hender, Northern Navigation Co. Ltd. v., 123
Henderson, Eadie's Trs. v., O 253
Highland Rly. Co., Sellar v., L 149
Hood's Trs. v. Jack, O 208

Hyslop v. Anderson, S 156

INGLIS v. Inglis, O 184

Inland Revenue, Mackinnon's Trs. v., O 214

JACK, Hood's Trs. v., O 208

KERR'S TRS., Blair v., 125
Kinnear v. Kinnear, 218

Kirkcudbrightshire Assessor, Newall v., V 13
Kynoch, Grant v., L 280

Moffat Hydropathic Co. Ltd. v. Lord Advocate,
O 82

Mood, Park v., O 170

Morland v. M'Dowall's Trs., O 162
Murray v. Pilkington, 9

NEILSON v. Farme Coal Co. (1915) Ltd., 205
Newall v. Kirkcudbrightshire Assessor, V 13
Nicholson and Others, Petrs., T 292
Nicoll & Son, Marshall & Co. v., 88
Nobel's Explosives Co. Ltd. v. British Dominions
General Insurance Co. Ltd., O 195, 225
North British Rly. Co. v. Edinburgh Magistrates,
O 293

North British Rly. Co., Rothfield v., 195
Northern Navigation Co. Ltd. v. Hender, 123

PARK v. Mood, O 170

Paterson v. Paterson, O 12

Penney v. Clyde Shipbuilding and Engineering
Co. Ltd., O 5, 177

Pilkington, Murray v., 9

Plate Glass Merchants' Association, Rae Ltd.
v., 228

Portpatrick and Wigtownshire Joint Committee,
Robertson v., 86

RACKSTRAW v. Douglas, 158

Rae Ltd. v. Plate Glass Merchants' Association,
228

Randall Ltd. v. Summers, 191
Robertson, Fletcher v., 260

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Thomson, Fyfe v., 185

Thomson Black & Co. Ltd. v. Batty, 122 Torry v. Torry, O 161

VAUGHAN v. Smith, J 314

WADDELL, Commercial Union Assurance Co. Ltd. v., L 266

Wallace, M'Gilchrist v., S 309
Wallace's Trs., Mackenzie v., 29
Watt v. Glasgow Corporation, 109
Whitelaw, M'Kinnon & Co. Ltd. v., O 304
Wilson, Miller v., O 223

Wilson, Wilson's Trs. v., 165

Wilson & Campbell, Greenock Assessor v., V 109
Wilson's Trs. v. Wilson, 165

Woodward, Woodward's Judicial Factor v., 129
Woodward's Judicial Factor v. Woodward, 129
Wright v. Craig, S 199
Wylie's Trs. v. Bruce, 41

YOUNG, Green v., S 314

INDEX OF CASES

A C C O R D I NG TO SUBЈЕСТ - МАТT E R.

Note. The figures refer to the number of the Page, and not to the number of the Case.

L signifies House of Lords Decision.

O signifies Outer House or Bill Chamber Decision.

S signifies Sheriff Court Decision.

J signifies Justiciary Court Decision.

C.A. signifies Criminal Appeal Court Decision.

R signifies Registration Appeal Court Decision.

V signifies Lands Valuation Appeal Court and Valuation Appeal Court Decision.
T signifies Teind Court Decision.

R. and C.T.C. signifies Railway and Canal Traffic Cases.

ACQUIESCENCE. See CONTRACT
ACTS OF SEDERUNT-C.A.S. 1913, B, i.
sections 1 and 3. See PROCESS
ADMINISTRATION OF JUSTICE-Appeal on
question of fact; Opinion of judge
who saw and heard the witnesses;
Judge not founding his judgment on
the credibility of the witnesses;
Observations on the weight to be
attached by appellate judges to the
opinion of the judge who saw and
heard the witnesses. Clarke v. Edin-
burgh and District Tramways Co. Ltd.
—L .

ALIMENTAmount.

PAGE ARBITRATION-continued.

98

158

247

See PARENT AND

77

CHILD ARBITRATION-Arbiter; Disqualification; Reference to two named arbiters, and to an oversman in the event of their differing; One arbiter a shareholder in a railway company which was a party to the reference; Arbiters differing in opinion; Award devolving on oversman; Held, on the assumption that the rules as to disqualification of judges applied to arbiters, that the arbiter was disqualified, and that the oversman's award was reducible at the instance of the other party to the reference. Sellar v. Highland Railway Co.-L Expenses; Lands Clauses Consolidation

(Scotland) Act 1845, s. 24; Arbiters nominated by railway company and by party claiming compensation;

149

Arbiter appointed by the railway company disqualified as being a shareholder in the company at the date of his appointment; Decree-arbitral by. oversman reduced at instance of claimant on account of arbiter's dis-. qualification; Held that the company was not liable for the expenses incurred by the claimant in the reference. Sellar v. Highland Railway Co.-L Reduction of award; Personal bar; Reference to arbiters to determine sums payable by landlord to outgoing tenant in respect of bona fide sheep stock of farm; Action of reduction of award by landlord on ground that stock delivered was not the bona fide stock of the farm; Acceptance of stock by landlord without challenge; Treatment of stock as his own; Delay in raising the question; Circumstances in which held that the landlord was barred from maintaining that the sheep stock delivered to him was not the bona fide sheep stock of the farm. Fletcher v. Robertson . Reduction of award; Reference to arbiters to determine value of sheep stock; Direction to determine value by average prices of sheep of same ages and quality at certain specified markets; Averments in action of reduction that the oversman's valua tion was not based on such average

PAGE

149

260

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