1917 and endeavoured to arrange with the lessors for the surrender of the lease, but they refused to accept the surrender, and claimed that the rent should be paid up to the date of the first break in favour of the lessee. Held that the lessors were not entitled to require the controller LAW LIBRARY. BOOK NOTICE. to admit the claim for future rent against the A Treatise on the Law Relating to the Carriage of assets in his hands, and that their remedy was to sue the owner of the business for the rent. Observed that if the lease were valuable it was the duty of the controller to realise it; if it were onerous, it might be his duty to realise it even if he had to make a payment to an assignee; that if assignment were impossible, he should approach the lessor with a view to surrender on equitable terms.—Chan. Div. (Younger J.).-19th December 1917. In re Shurey. Goods by Sea. By the late Thomas Gilbert A new edition of Carver on Carriage by Sea is an important and welcome event in legal literature. The eight years which have elapsed since the publication have been years of unusual importance to the subject. Even prior to the war many important decisions had been givennotably with reference to the effect of deviation and unseaworthiness in the contract of affreightment. But, of course, the main interest of the SUCCESSION-WILL-CONSTRUCTION-ATTAIN- new edition is to be found in the numerous MENT OF SPECIFIED AGE.-Under a will A. was decisions on the effect of war. These are so to take a vested interest on attaining the age of numerous and so important as to amount almost twenty. A. died the day before his twenty-fifth to the writing of a new chapter in the law, for birthday. Held that he had attained the age of although most of the principles are old, their twenty-five and that his interest had vested.-application to the conditions of modern warfare Chan. Div. (Sargant J.).-19th December 1917. Casdagli v. Casdagli. DOMICILE DOMICILE OF CHOICE-ACQUISITION -RESIDENCE IN FOREIGN STATE AS MEMBER OF EXTRA-TERRITORIAL COMMUNITY.-An Englishman resided in Egypt and carried on business there as a merchant. Held that he had resided there as a member of an extra-territorial community, and that such residence was ineffectual to create a domicile of choice. Judgment of Horridge J. (1917, S.L.T. 111) affirmed.—Court of Appeal (Swinfen Eady and Warrington L.JJ., diss. Scrutton L.J.).-20th December 1917. Rubel Bronze and Metal Co. v. Vos. MASTER AND SERVANT- -WRONGOUS DISMISSAL. -A company appointed X. general manager of their works for three years at a salary and commission. During the currency of that period the company suspended A. from his work and thus precluded him from earning commission. An arbitrator awarded damages for wrongous dismissal but did not find that the company were unwilling to pay A.'s salary. Held that the arbitrator was entitled to find that the company had repudiated their contract with A. and award sustained.-K.B. Div. (M'Cardie J.).-21st December 1917. and modern trade was practically a virgin field. The new editor tells us that he has made as few changes as was possible consistently with giving effect to the new decisions and the new legislation. In its new form the book is still one of the best, and also one of the best-written, law books in the world. ACT OF SEDERUNT ANENT THE PROCEDURE IN THE EDINBURGH, 29th January 1918. The LORDS ENACT and DECLARE: That in the present year, and in subsequent years until repeal of the present Act of Sederunt, the Sheriffs of Scotland may, in determining and fixing the fiar prices, dispense with the Jury directed by the Codifying Act of Sederunt L, xvi., and may, notwithstanding the terms of the said last-mentioned Act of Sederunt, proceed to determine and fix the fiar prices on such evidence as seems to them proper and sufficient. And the Lords Appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form. (Signed) STRATHCLYDE I.P.D. THE LATE LORD KENNEDY, Lord Kennedy, the Chairman of the Scottish Land Court, died on 12th February at a nursing home in Edinburgh. He had been in failing health ever since the early autumn, and in November he contracted a chill while on an official visit to the island of Barra, and an internal malady also manifested itself. After leaving Barra he was able to attend a sitting of the Land Court at Aberdeen, but since then he had been completely laid aside, and at the end his death was not unexpected. Lord Kennedy was a son of the late Rev. John D. Kennedy, Free Church minister of Rosehall, Sutherland, and was born at Rosehall in 1855. After receiving his early education at Inverness High School, he graduated in Arts at Aberdeen University. His original intention was to enter the ministry of the Free Church, and he proceeded to New College, Edinburgh, but he changed his mind, and decided to adopt the law as his profession, and, after attending the law classes at Edinburgh University, he was admitted to the Faculty of Advocates in 1877. Lord Kennedy was a man of brilliant abilities and striking personality. A learned lawyer and a forcible pleader, he soon acquired a good practice. He also found time to cultivate his literary gifts, and contributed several articles to legal reviews. His trenchant criticism of the judges of the Second Division is still remembered in the Parliament House, and while many people thought the article somewhat extreme, it was generally recognised that there was some ground for criticism, as the judges in question were at times apt to be overhasty. His article on the jurist Papinian (which appeared in the "Juridical Review" of 1893) is a model of its kind. In 1898 Mr Kennedy, as he then was, was appointed Lecturer on International Private Law in Edinburgh University, and three years later be succeeded the late Professor Dove Wilson as Professor of Law in Aberdeen University, and he proved to be a most successful professor. In 1907 he was appointed Sheriff of Renfrew and Bute in succession to Sir John Cheyne, and shortly afterwards, on the death of Sir David Brand, he became Chairman of the Crofters' Commission, and gave satisfaction in both of these posts. When the Small Landholders (Scotland) Act of 1911 came into operation Lord Kennedy was appointed Chairman of the Land Court, which was constituted by that Act for the purpose of dealing with the land question in Scotland, but his tenure of that office cannot be said to have enhanced his reputation. A SITTING of the High Court of Justiciary will be held in the Justiciary Buildings, Glasgow, on Tuesday next. There are four cases for trial, namely, William Johnstone, theft; George Mitchell, Charles Gilligan, John M'Lean, and Thomas Moffat, assault and robbery; George Bush, housebreaking; William Russell and Maurice Solomon, contravention of the Defence of the Realm Regulations, section 45a, Russell being also charged under the Prevention of Corruption Act. COLONEL H. L. WARDEN, Royal Scots, who has been awarded the D.S.O., was prior to the war a well-known member of the S.S.C. Society, being senior partner of the firm of Warden & Grant, S.S.C. He passed as a law agent in 1898 and was admitted to the S.S.C. Society in 1905. He has been on service since 1914. A PORTRAIT of Mr Justice M'Cardie has been painted by Mr Ernest Townsend, a well-known learned Judge by a number of his friends in the Derby artist. It is to be presented to the legal profession as a mark of esteem and appreciation, and in order to commemorate his appointment as Justice of the King's Bench Division. SIR ANTON BERTRAM, Attorney-General of Ceylon, has been appointed Chief-Justice of Ceylon. Mr C. M. LE BRETON has been appointed Recorder of Sudbury, in succession to the late Mr W. P. Eversley. MR DAVID RENTON has been assumed by Mr John Ross as a partner in the firm of Messrs J. & J. Ross, W.S., under which name the combined practices will in future be conducted at 7 Albyn Place, Edinburgh. MR J. J. PARFITT, K.C., has been appointed County Court Judge on Circuit No. 14 (Leeds and Wakefield), in succession to Judge Scott Fox, K.C., who has resigned. Mr Parfitt is a son of the late Mr J. J. Parfitt of Burton, Somerset, and was educated at Prior Park College, Bath, and London University. He was called to the Bar at the Inner Temple in 1887, and joined the Midland Circuit, on which he acted as junior counsel to the Post Office. He was also standing counsel to the Assay Authorities in Birmingham. Mr Parfitt was appointed a K.C. in 1908, and has been Recorder of Northampton since 1916. He has been for several years a member of the Bar Council, and is one of the Governors of the University of Birmingham. In the eighties he was a well-known figure in county cricket, playing successively for Surrey, Somerset, and Warwickshire. On taking his seat at the Leeds County Court on Monday he recalled the fact that he bowled his first ball in county cricket at Kennington Oval in 1881, and that the ball took the wicket of George Ulyett, who, in his judgment, was the finest bat and best all-round cricketer in the Yorkshire team at that time. He hoped that that incident would help him to make friends in Yorkshire. THE death of Judge William Evans, County Court Judge for Mid Wales since 1897, took place at Oswestry on 15th February. He took his seat on the bench in the morning, but feeling unwell he retired to his private room, where he expired. He was seventy-two years of age. MR THOMAS CHARLES HUNTER HEDDERWICK, magistrate at the North London Police Court, died on 6th February. Mr Hedderwick was the second son of the late Robert Hedderwick, founder of the "Glasgow Weekly Citizen." He was born in Glasgow and educated at Glasgow High School and Glasgow University, where he graduated M.A. At the close of his University course he went to Germany and attended the classes of Roman Law and Philosophy at Leipsic. He was called to the Bar as a member of the Middle Temple in 1876, and joined the Northern Circuit. Early in his career he was engaged in a number of important cases, of which the most notable was the Tichborne case when it came before the Court of Appeal. In 1884 Mr Hedderwick was married to Miss Neilson of Biggar Park, and soon afterwards he took up residence as a landowner in Lanarkshire. In 1892 he contested South Lanarkshire in opposition to Mr J. H. C. Hozier, now Lord Newlands, but without success. He contested Wick Burghs at the general election of 1895, being defeated by Sir John Pender, but was returned for the same constituency at a byeelection in the following year, and sat as member for Wick till 1900, when Sir Arthur Bignold recaptured the seat for the Unionists. Mr Hedderwick was appointed a Metropolitan Magistrate in 1910. MR WILLIAM DISNEY, Recorder of Great Grimsby, has been appointed a Metropolitan Magistrate, in succession to the late Mr Hedderwick. SHERIFF LEES has given his decision on a question which has arisen in Dundee over the duty of conducting cases for the poor. The practice hitherto has been that such work was undertaken by the younger members of the profession, but at a recent meeting of the Faculty of Procurators a resolution was adopted making all the members liable, and thereupon eight senior agents were nominated as agents for the poor. The agents elected appealed to the Sheriff. In his judgment the Sheriff points out that three of the members chosen were over seventy years of age and the remaining five were over sixty. The members nominated must be suitable for the discharge of the duty, and if a man was over sixty and had ceased to practice in Court he doubted if he was a suitable person to select. Sheriff Lees sustained the objections, disapproved of the nominations made, and appointed a meeting of the Faculty to be held to make new selections. THE annual general meeting of the Society of Accountants in Edinburgh was held on 6th February, when the following office-bearers were elected Mr Richard Brown, president; Mr T. P. Laird, secretary and treasurer; Mr John L. Mounsey, law agent; Mr Edward Boyd, auditor. Mr Roy A. Kinnes, 12 St Vincent Street, Edinburgh, and Mr R. B. Walker, Stanley Road, Leith, were unanimously elected members of the society. Certain further concessions to apprentices on war service which had been considered by the joint committee representing the three Scottish societies were approved of, and these will take effect after they have been adopted by the other societies. WE regret to record the death of Mr John Burgess, who practised for many years as a law agent at Wishaw as a member of the firm of Burgess & Smith. Mr Burgess was the first agent of the Commercial Bank at Wishaw, and for a period of twenty-one years was clerk to Cambusnethan School Board. He also acted as burgh prosecutor for the burgh of Wishaw and filled other public offices. He retired from business about ten years ago. THE death of Mr John Lockhart, senior partner of the firm of Messrs John, W. and G. Lockhart, solicitors, Ayr, took place at Ayr on 18th February. Mr Lockhart, who was seventyone years of age, had been confined to the house since September last. A native of Dalrymple, he served his apprenticeship to the law in Ayr, and after qualifying as a law agent and gaining experience in a Glasgow office he was appointed Sheriff Clerk Depute of Ayrshire at Ayr. After holding that appointment for fourteen years he retired, to devote himself to his private practice, in which two of his sons were subsequently associated with him. He was Dean of Faculty from 1911 till 1914, and had previously held the offices of secretary, treasurer, and auditor to the Faculty. In 1909 he was appointed agent of the North of Scotland Bank in Ayr. He acted as election agent for Sir William Arrol in the contests of 1892, 1895, and 1900, and was an honorary Sheriff-Substitute of Ayrshire. Mr Lockhart is survived by Mrs Lockhart and four sons, two of whom are serving in the Army. DECISIONS IN THE ENGLISH The Pyman S.S. Co. Ltd. v. The Admiralty. SHIPPING LAW SALVAGE REQUISITIONED SHIP-LIABILITY OF ADMIRALTY.-The Admiralty requisitioned a ship on condition that they should be liable for war risks but not if the ship were lost through marine perils. The ship was disabled through breaking her propeller and was in danger of drifting into a mine-field when she was salved. An arbitrator having found the Admiralty liable for one-fourth of the expense of salvage, the award was sustained in respect that the Admiralty having contracted to pay losses suffered by the ship through war perils were also liable to pay for salvage services which saved the ship from such peril.-K.B. Div. (Bailhache J.).-11th January 1918. In re Jobson. WAR-EMERGENCY ENFORCE SECURITY such implied authority will prevent the settlement binding the client unless such limitation be brought to the notice of the other side.K.B. Div. (M'Cardie J.)—17th January 1918. "The Glenroy." WAR-PRIZE-PERISHABLE GOODS-PROCEEDS OF SALE.-Perishable goods belonging to enemy subjects were consigned to Antwerp and Rotterdam on a British ship. The vessel was diverted to London, arriving there on 19th August 1914. The goods being unclaimed, the shipowners sold them and paid the net proceeds to the Admiralty Marshal. Held that the Crown was entitled to confiscate the proceeds.-P.D. and Adm. Div. (Sir S. Evans P.).—17th January 1918. In re Irvine. SUCCESSION EXECUTOR SCOTTISH CONFIRMATION-RESEALING IN ENGLISH PROBATE COURT-CONFIRMATION AND PROBATE ACT 1858 A LEGISLATION-LEAVE TO (21 & 22 VICT. CAP. 56), SECTION 12. COURTS (EMERGENCY domiciled Scotsman left property in England POWERS) ACT 1914 (4 & 5 GEO. V. CAP. 78), and Scotland. The Royal Exchange Assurance SECTION 1. Before the Court will exercise its | Corporation was confirmed his executor. Held power to restrain the creditor in a mortgage that, as by English law a corporation cannot from enforcing his security it must be satisfied take probate, the confirmation could not be that the debtor's inability to perform his obliga- resealed under section 12 of the Confirmation tion is due to the war. A person who had no and Probate Act 1858.-Prob., Div., and Adm. resources outside the mortgaged property does Div. (Coleridge J.).-21st January 1918. not satisfy this condition by shewing merely that he cannot sell the property at a price which would pay off the mortgage and cannot obtain a transferee of the security-he must further satisfy the Court that the insufficiency of the security. did not exist before the war and is attributable to it. Working rules formulated by Eve J.Chan. Div. (Eve J.).-16th January 1918. WAR PRIZE The "Alwina." CONTRABAND NEUTRAL VESSEL CARRYING CONTRABAND ON PREVIOUS OCCASION-DECLARATION OF LONDON, ARTICLE 38.-Under the Declaration of London, Article 38, as modified by Orders in Council of 20th August and 29th October 1914, a neutral vessel may not be captured on the ground that she has carried contraband on a previous occasion unless SUCCESSION-WILL-CONSTRUCTION-BRITISH (a) she has succeeded in carrying contraband to In re Churchill. SUBJECTS OF BRITISH DESCENT.-A testator by his will directed that only the sons of British subjects of British descent should be eligible for certain scholarships which he founded. Held that no person was eligible unless his parents and grandparents on both sides were British subjects.-Chan. Div. (Neville J.).—17th January the enemy by false papers, or (b) she proceeds to an enemy port notwithstanding a neutral destination contained in her papers. Held, accordingly, that a neutral vessel which was carrying contraband intended to be delivered to the enemy with false papers and a false destination, and in circumstances amounting to fraud on belligerents, was not liable to capture, in respect (1) that she did not succeed in delivering the contraband goods to the enemy, and (2) that she did not proceed to an enemy port. Judg ment of Sir S. Evans P. affirmed.-Judicial Committee of Privy Council (Lord Parker of Waddington, Lord Sumner, Lord Parmoor, Lord Wrenbury, and Sir Arthur Channell).—22nd January 1918. Naylor, Benzon & Co. Ltd. v. Kramische Industrie Gesellschaft. CONTRACT-WAR-SUSPENSION OR DISSOLU TION OF CONTRACT.-An English company agreed EVIDENCE-COMPETENCY.—In a trial of a charge of gross indecency with male persons the sole question was whether the accused was the person who committed the offence. Held that evidence that powder puffs and indecent pictures were found in the possession of the accused about the time of the offence was relevant to the issue as tending to shew that he had abnormal propensities of the kind in question. Decision of the Court of Criminal Appeal (1917, S.L.T. 92) affirmed.-House of Lords (Lord Finlay L.C., Lord Dunedin, Lord Atkinson, Lord Parker of Waddington, Lord Sumner, and Lord Parmoor). -24th January 1918. Bruce v. Caulfield. Hugh Stevenson & Sons Ltd. v. Actiengesellschaft für Cartonnagen Industrie. WAR-PARTNERSHIP-ALIEN ENEMY PARTNER -LEGAL PROCEEDINGS AGAINST ENEMIES ACT 1915 (5 GEO. V. CAP. 36), SECTION 1.—An English company and a German company entered into partnership in 1906 for the manufacture of certain goods, and the former company became agents for the latter company in Great Britain and the British colonies. In proceedings under the Proceedings Against Enemies Act 1915, held that while the contracts of agency and partnership were dissolved by the outbreak of war, the enemy property was not confiscated, and that at the end of the war the German company would be entitled to restoration of the value of their share of the partnership assets, and to some allowance in respect of the use made thereof by the English company. Decision of Court of Appeal affirmed.-House of Lords (Lord Finlay L.C., Viscount Haldane, Lord Dunedin, Lord Atkinson, and Lord Parmoor).— 25th January 1918. Rio Tinto Co. Ltd. v. Ertel Bieber & Co. CONTRACT-WAR -TRADING WITH THE ENEMY -SUSPENSION OR DISSOLUTION OF CONTRACT. — Prior to the war an English company entered into a contract with a German company to supply two million tons of cupreous sulphur ore, to be delivered between 1915 and 1919. The contract contained a clause providing for the suspension of deliveries if, owing to war, the English company were prevented from making ship. ments. Held that the contract became illegal and was dissolved on the outbreak of war in respect that if the suspension clause included war between England and Germany it was void as being contrary to public policy, and that if it did not include war between England and Germany it did not apply. Judgment of Court of Appeal (1917, S.L.T. 95) affirmed on another ground.-House of Lords (Lord Dunedin, Lord Atkinson, Lord Parker of Waddington, and Lord Sumner).—25th January 1918. CRIMINAL Rex v. Wakefield. PROPERTY-NEGLIGENCE-TREE FALLING AND CAUSING DAMAGE ON ADJOINING LAND.-Some poplars grew on land leased by A., and towards the end of her lease one was blown down and fell on adjoining ground belonging to B. Subsequently part of another poplar was broken off by an exceptional gale and fell and did damage LAW-PROCEDURE-UNQUALIFIED on B.'s land. It did not appear that the poplars JURYMAN - PERSONATION.--At the trial of a had begun to decay. Held that there was no prisoner a juryman who had been summoned evidence of negligence on the part of A., and did not appear, but another person, who was not that B. could not maintain an action of damages qualified to sit on the jury, answered to his against her in respect of the fall of the second name when it was called and sat on the jury poplar. Judgment of K.B. Div. (Avory J. diss. during the trial. Held that this was an irreguRidley J.) reversed.-Court of Appeal (Pickford, larity vitiating a conviction. New trial ordered. Bankes, and Scrutton L.JJ.). 24th January-Court of Criminal Appeal (Darling, A. T. 1918. Lawrence, and Sankey JJ.).—25th January 1918. |