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. 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. 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. BAIKIE v. Glasgow Corporation, L 126 Barrhead Co-operative Society Ltd., Lafferty v., Batty, Thomson Black & Co. Ltd. v., 122 Blythswood (Lord), Glasgow Corporation v., O201 Bulloch Lade & Co. Ltd. v. Argyllshire Assessor, Burrell v. Maashaven Steamship Co. Ltd., 306 CALEDONIAN RLY. Co. v. Stein & Co. Ltd., 98 Claddagh Steamship Co. Ltd. v. Steven & Co., 31 Clarke v. Edinburgh and District Tramways Co. Clyde Commercial Steamship Co. Ltd., Chris- Clyde Navigation Trs., Gould & Co. v., S 198 Cohen, Rothfield v., O 138 Cormack and Another, Petrs., O 265 Cranston's Tea Rooms Ltd. (and Reduced), 107 DOBBIE v. Coltness Iron Co. Ltd., 66 EADIE'S TRS. v. Henderson, O 253 Edinburgh Magistrates, North British Railway Edinburgh Merchants' Co. Widows' Fund Trs., Edinburgh Royal Blind Asylum, Sanderson's Etna Iron and Steel Co. Ltd. v. Lanarkshire FAIRFIELD SHIPBUILDING AND ENGINEERING Farme Coal Co. (1915) Ltd., Neilson v., 205 Fletcher v. Robertson, 260 Forbes v. Matthew, 77 LAFFERTY v. Barrhead Co-operative Society Ltd., Lanarkshire Assessor, Etna Iron and Steel Co. Lavan v. Aird & Co. Ltd., 140 MAASHAVEN STEAMSHIP CO. LTD., Burrell v., 306 M'Kiernan v. Glasgow Corporation, 204 Fraser v. Fairfield Shipbuilding and Engineering M'Kinnon, Brown's Trs. v., O 108 Glasgow Corporation, Baikie v., L 126 M'Kinnon & Co. Ltd. v. Whitelaw, O 304 Mackinnon's Trs. v. Inland Revenue, O 214 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 Gould & Co. v. Clyde Navigation Trs., S 198 Greenock Assessor v. Wilson & Campbell, V 109 Greig v. Edinburgh Merchants' Co. Widows' HADDINGTON, EARL OF, O 15 Hender, Northern Navigation Co. Ltd. v., 123 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 Kirkcudbrightshire Assessor, Newall v., V 13 Moffat Hydropathic Co. Ltd. v. Lord Advocate, Mood, Park v., O 170 Morland v. M'Dowall's Trs., O 162 NEILSON v. Farme Coal Co. (1915) Ltd., 205 North British Rly. Co., Rothfield v., 195 PARK v. Mood, O 170 Paterson v. Paterson, O 12 Penney v. Clyde Shipbuilding and Engineering Pilkington, Murray v., 9 Plate Glass Merchants' Association, Rae Ltd. Portpatrick and Wigtownshire Joint Committee, RACKSTRAW v. Douglas, 158 Rae Ltd. v. Plate Glass Merchants' Association, Randall Ltd. v. Summers, 191 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 Wilson, Wilson's Trs. v., 165 Wilson & Campbell, Greenock Assessor v., V 109 Woodward, Woodward's Judicial Factor v., 129 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. R. and C.T.C. signifies Railway and Canal Traffic Cases. ACQUIESCENCE. See CONTRACT 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 |