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MR W. C. DUNDAS, solicitor, Selkirk, has been appointed County Clerk of Selkirkshire, in succession to the late Mr J. S. Steedman.

MR ALEXANDER STEWART, solicitor, Perth, has been appointed Clerk of the Peace for the county of Perth, in succession to the late Mr D. M. Mackay.

MR JOHN BENNOCH, solicitor, Stranraer, has been appointed Town Clerk of Stranraer, in succession to the late Mr W. G. Belford.

MR JOHN LESSELS, Jun., has been appointed Clerk to Lord Anderson, in succession to his father, the late Mr John Lessels.

SIR THOMAS HUNTER, Town Clerk of Edinburgh, who has resigned office, was on 30th April presented by the members of Edinburgh Town Council and officials with three pieces of silver plate and a gold bracelet for his cousin, Miss M'Dougall. Lord Provost Sir John Lorne MacLeod made the presentation, and referred to Sir Thomas' valuable services to the city and to public life generally during his twenty-three years of office. Sir Thomas in his reply said he was glad to have been associated with a generation in which there had been an enlarged and growing ideal for raising and uplifting the whole life of the people. His work during that generation must speak for itself. The record of it was to be found in those twenty-three portly volumes containing the minutes of the Town Council.

MR ANDREW GRIERSON, S.S.C., Depute Town Clerk of Edinburgh, has been appointed Town Clerk, in succession to Sir Thomas Hunter. Mr Grierson, who was born in Selkirk forty-nine years ago, had his early training in the office of Messrs Lang & Steedman, solicitors, in his

native town. He has been in the service of

Edinburgh Corporation for nearly thirty years, and for the last twelve has been Depute Town Clerk. The Lord Provost, in intimating the appointment to Mr Grierson, said his past service had been his highest recommendation. public might well accord to him the confidence he was certain to receive from the Town Council.

The

MR JAMES STRATHEARN STEEDMAN, a partner of the firm of Lang & Steedman, solicitors, Selkirk, died on 10th April in Edinburgh, where he had undergone a surgical operation. He was County Clerk of Selkirk, agent of the British Linen Bank, Selkirk, and secretary and treasurer of Selkirkshire Unionist Association. He was fifty-two years of age, and is survived by his wife and by two sons and a daughter.

WE regret to record the death of Mr H. S. N. Callender, W.S., Edinburgh, which took place as the result of a shooting accident on 15th April. Mr Callender served his apprenticeship with Messrs Russell & Dunlop, W.S., and admitted to the Society of Writers to the Signet in 1892. In 1896 he became a member of the firm of J. & R. A. Robertson, W.S. He had been in failing health for about a year, and retired from business a few months ago.

WE regret to record the death of Mr Robert Kinloch, W.S., Perth, which took place on 13th April. Mr Kinloch, who was admitted to the Society of Writers to the Signet in 1882, was agent for the Clydesdale Bank at Perth and an honorary Sheriff-Substitute. He had been in failing health for some months, and he retired from the membership of the Perth Tribunal shortly before his death.

MR JOHN EDMOND, advocate in Aberdeen, whose death has occurred at his residence in Eastbourne, was the last surviving son of the late Dr Francis Edmond, of the firm of Messrs Edmonds & Macqueen, and proprietor of the estate of Kingswells, near Aberdeen. Mr Edmond retired from business in 1895, and had since lived in the south of England. He was seventy-two years of age, and married a daughter of the late Surgeon-General John Fraser, C.B. (one of the honorary physicians to the late Queen Victoria), by whom he is survived, as well as by a family of two sons.

WE regret to record the death of Mr James R. Byers, solicitor, Lockerbie, which took place on 2nd May. Mr Byers, who was admitted a law agent in 1894, was senior partner of the firm of Cormack & Byers, W.S. He was joint agent of the Royal Bank of Scotland at Lockerbie, and he held many public appointments, includ ing those of Clerk and Treasurer to the Lockerbie School Board. He is survived by his wife and District Committee, and Clerk to Hoddom by a family of four.

M. Mackay, solicitor, Perth, which took place WE regret to record the death of Mr Donald M. Mackay, solicitor, Perth, which took place on 20th April. He was born in Edinburgh in 1842, but the family removed to Perth shortly thereafter, and he received his early training in the Sheriff-Clerk's office at Perth. He spent some time in Edinburgh, but returned to Perth in 1864, and in 1881 he became a partner of the firm of Jameson & Mackay. At the time of his death he was the senior partner of the firm. He acted for a term as President of the local Society of Solicitors, and he held the office of Clerk of the Peace for the county of Perth.

MR DAVID BALLANTINE, writer, Glasgow, died at Crieff on 25th April. Mr Ballantine

A portrait of Mr Johnston has already appeared in the "Scots Law Times" (1910 S.L.T. 29).

was the eldest son of ex-Provost Ballantine, and until recently he also performed the duties Bo'ness. He was educated at Daniel Stewart's of adjutant. College, Edinburgh, and was admitted a law agent in 1895. In 1898 he started business in Glasgow, and acquired a large Court practice. He was forty-four years of age and was married.

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WE regret to record the death of Mr Alexander Murray, advocate in Aberdeen, which took place on 27th March. Mr Murray, who was born in 1840, was the eldest son of the late Mr Andrew Murray, advocate in Aberdeen. He was educated at the West End Academy and at Marischal College, Aberdeen, and attended the law classes in Aberdeen and Edinburgh Universities. After some experience in Edinburgh law offices he was assumed a partner of his father's firm, now known as Murray & Bennett. In 1865 he was admitted to the Society of Advocates. Mr Murray was a member of the United Free Church, and acted for many years as treasurer of the South Church. He was a Liberal, but took no active part in politics. Mr Murray was unmarried.

WE regret to record the death of Mr John Finlay Roxburgh, W.S., Edinburgh, which took place on 6th April. Mr Roxburgh, who was sixty-two years of age, was born in Glasgow and was educated at Glasgow University, where he graduated in Arts and Law.

He was at one time in partnership with Mr Denholm Young, W.S., and later joined Mr George Henderson in the firm of Roxburgh & Henderson. The firm of Roxburgh & Henderson amalgamated with Messrs Cowan & Dalmahoy, W.S., of which Mr Roxburgh was a partner at the time of his death. Mr Roxburgh took great interest in church work. In the days of the old Free Church he was convener of the Manse Building' Committee, and he was associated with similar work in the United Free Church. He was also treasurer of St Andrews U.F. Church, Edinburgh.

WE regret to record the death of Mr Thomas Johnston, jun., solicitor, Kirkcaldy, which took place on 1st April last. Under the firm name of T. & T. Johnston he and his father carried on

a large business in Kirkcaldy, and they also acted as election agents for Sir Henry Dalziel, M.P. Mr Johnston was a trustee and manager of Kirkcaldy Savings Bank, and about three weeks ago was appointed fiscal for Kirkcaldy Burgh, but on account of his illness he had never been able to undertake the duties. An all-round

sportsman, Mr Johnston was for many years one of the best-known cricketers in Scotland, and played in the most important matches up till the outbreak of war. He took a leading part in the formation of the 1st Fife Volunteers Regiment, in which he held the rank of captain,

MR W. G. BELFORD, town clerk of Stranraer, died at Stranraer on 22nd March. Mr Belford, who was a native of Forfar, went to Stranraer in 1880 as assistant to Mr M'Neil Caird, On Mr Caird's death Mr procurator-fiscal. Belford started practice on his own account. For many years he was a member of the Town Council, and latterly he acted as Treasurer of the burgh. When Mr William Black, town clerk, retired a few years ago, the Council appointed Mr Belford to the office, which he Mr Belford was continued to hold till recently. chairman of the Burgh School Board. A few months ago he presented to the town a brass plate containing the names of Stranraer men who had joined the forces since the outbreak of the war. He was about sixty-two years of age, and is survived by his wife.

MR JOHN JAMES MACLEAN, Procurator-Fiscal at Kirkcudbright, died on 7th May at a nursing home in Edinburgh. He was a son of the late Rev. Lachlan Maclean, North Knapdale, and had been procurator-fiscal at Kirkcudbright for over three years.

ACT OF SEDERUNT

AMENDING THE ACT OF SEDERUNT ANENT THE EXAMINATION OF LAW AGENTS (C.A.S., A, VII.).

EDINBURGH, 13th March 1918.

THE LORDS OF COUNCIL AND SESSION, considering the great decrease in the number of Candidates presenting themselves for examination in Law under the Law Agents (Scotland) Act 1873 (26 & 27 Vict. cap. 63), and the Act amending the same (54 & 55 Vict. cap. 30), Do hereby, under and in terms of the powers conferred by the said Statutes, Enact and Declare, that the word "Twice" shall be inserted and read in place of the words "Four times" occurring in the last line of C.A.S., Book A, Chapter vii., Section 1.

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

STRATHCLYDE, I.P.D.

WILLIAM DUNCAN LOWE, Esq., W.S.

Born in Edinburgh in the year 1849, William Duncan Lowe spent his early years in Manchester. There he attended the ancient and famous Grammar School of Bishop Oldham, and had among his schoolfellows a future headmaster of Fettes College, and one Frank Lockwood, afterwards, it is safe to say, the best-known barrister of his time.

Returning to Edinburgh, he studied the letter of the law in the University, and its practice in one office after another. Pure conveyancing has possibly a charm of its own, and meditation on its mysteries may result in the development of an admirable type of legal mind. But it is less in touch with the everyday world -less human in its

interest than that part of the solicitor's work which has to do with the defence or vindication of a client's rights. To this latter department Mr Lowe early gave his special attention, and with such diligence and success that he soon became re

cognised as an adept in all matters relating to litigation. During the last forty years no living man has fought more important cases, or fought them with greater skill. And, though the demands of general business have compelled him to curtail his energies in that direction, he is still to be seen sometimes in the Parliament House. In the year 1876 he entered the employment of Messrs Tods, Murray & Jamieson, W.S., and in 1885 he became a partner of that firm.

Like many other wise men, Mr Lowe has thought it unnecessary to haunt political platforms, though his own views on public questions have never been concealed.

United Free Church, to which for many years he rendered most valuable service as convener of its Finance Committee, but his sympathies are not bounded by the distinctive principles of that denomination. And philanthropic institutions, such as the Orphan Hospital and the Edinburgh Medical Mission, owe much to his counsel and support.

For a while he was devoted to the bicycle, but in later years he has succumbed entirely to the fascinations of the gentle art. He bas, deservedly, many friends, and his enemies, if, like curators, he any has, must find it difficult to justify their existence.

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The Examiners of Law Agents held an examination in law in Edinburgh during the week ending 4th May. Four candidates, of whom one was examined in court procedure only, presented themselves for examination, and three were passed by the examiners. The following were the successful candidates: John Nimmo, Wishaw ; James Mair Peden, Galston, Ayrshire;

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In ecclesiastical affairs he is an elder of the July.

MR ANDREW GRIERSON, S.S.C., the new Town Clerk of Edinburgh, has been appointed Clerk to the Edinburgh Recruiting Tribunal in succession to Sir Thomas Hunter.

MR ROBERT C. KING, solicitor, Kilwinning, has resigned office as joint Town Clerk of Kilwinning, and Mr F. W. Paterson, formerly joint Town Clerk, has been appointed Town Clerk of the burgh.

THE Hon. William Watson, K.C., M.P., has been appointed Procurator of the Church of Scotland in succession to Lord Sands.

SCOTTISH PRIVATE BILL
LEGISLATION.

The following bills and provisional orders under the Private Legislation Procedure (Scotland) Act 1899 have (with the exception of that relating to the Edinburgh Corporation (Tramways, etc.), which has been adjourned until 11th June on a question of consents) been declared by the Examiners for Standing Order proofs to have complied with general orders, a question relating to the Leith Harbour and Docks Order being deferred for further evidence: Clyde Valley Electrical Power-To authorise the Clyde Valley Electrical Power Company to raise additional capital, and for other purposes.

Cowdenbeath Water-To transfer to and vest in the Provost and Magistrates and Councillors of the burgh of Cowdenbeath certain waterworks constructed by the Dunfermline District Committee of the County Council of the county of Fife under the Kelty Water Confirmation Act 1896, to authorise the Town Council to construct and maintain additional waterworks, and for other purposes.

Dunfermline District Water To confer further powers on the Dunfermline District Committee of the County Council of the county of Fife and on the County Council of the county of Fife in relation to their water undertaking under the Dunfermline District Water Orders 1904-1913, and for other purposes.

Edinburgh Corporation Tramways To authorise the Corporation of Edinburgh to make and maintain tramways and tram roads, to run trolley cars by railless traction, and to construct road and street widening and other works, to acquire lands, to borrow money, to amend Acts, and for other purposes.

Glasgow and South-Western (Ayr Harbour Transfer)-To provide for the transfer to the Glasgow and South-Western Railway Company of the undertaking of the Ayr Harbour Trustees,

missioners for the Harbour and Docks of Leith to construct new works and to borrow money, to consolidate and increase the rates and charges, and for other purposes.

North British Railway-To empower the North British Railway Company to issue certain authorised capital as redeemable capital, and for other purposes.

DECISIONS IN THE ENGLISH COURTS.

In re Keith, Prowse & Co. Ltd.

EXPENSES

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COMPANY RECTIFICATION OF REGISTER-PROPER PARTIES TO MOTION FOR RECTIFICATION OF REGISTER. A board of directors improperly refused by the casting vote of the chairman to register a transfer in favour of certain executors. The executors moved in the Chancery Division of the High Court for rectification of the register, and at the hearing of the motion rectification was not opposed. Held that the directors who had voted against the registration could not be made parties to the motion and therefore could not be found liable in costs.-Chan. Div. (Petersen J.).—6th February 1918.

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GUARANSPACE TAKEN UP BY

TEE OF DEAD-WEIGHTDUNNAGE.-A charter-party contained a clause whereby the owners guaranteed to place 5600 tons dead-weight capacity and 300,000 cubic feet bale space at the charterers' disposal, the freight (which was a lump sum freight) to be reduced pro rata if less dead-weight or bale space was placed at the charterers' disposal. The charter-party also provided that the ships' holds were to be ventilated as customary, and that all requisite mats and dunnage were to be found by the steamer. The charterers loaded a cargo of the kind contemplated, but the dead-weight cargo capacity placed at their disposal was less than 5600 tons, owing, inter alia, to 32 tons being taken up with dunnage. Held that the guarantee was limited to the abstract lifting capacity of the ship and that the freight did not fall to be reduced in respect of the 32 tons.-K.B. Div. (Atkin J.).—14th February 1918.

In re Francke and Rasch.

WAR-TRADING WITH THE ENEMY-BILLS OF

to empower the company to create and issue EXCHANGE-ACCEPTANCE BY ENEMY FIRMSdebenture stocks, and for other purposes.

DATE OF PAYMENT-BILLS OF EXCHANGE ACT

Leith Harbour Docks-To authorise the Com- | 1882 (45 & 46 VICT. CAP. 61), SECTION 72 (5).

In re Rankine.

EXECUTOR

SUCCESSION SCOTTISH CONFIRMATION RESEALING IN ENGLISH PROBATE

-A firm of merchants in London drew bills on firms in Germany and discounted them with London banks. The bills were not payable till after the outbreak of war. Under German war legislation payment of the bills could not be COURT-CONFIRMATION AND PROBATE ACT 1858 enforced during the war. The drawers' firm (21 & 22 VICT. CAP. 56), SECTION 12.-A was ordered to be wound up under the Trading domiciled Scotsman left property in England with the Enemy Acts, and the banks claimed and Scotland. The Royal Exchange Assurance against the assets in respect of the bills. Held Corporation was confirmed his executor. Held that as under section 72 (5) of the Bills of that although by English law a corporation Exchange Act 1882 the date of payment fell to aggregate cannot take probate, the Probate be determined by the law of Germany and had Court was bound to reseal the confirmation in not arrived, the claims of the banks failed. terms of section 12 of the Confirmation and Probate Act 1858. Chan. Div. (Younger J.).-26th February 1918. Decision of Coleridge J.

Wedge v. Malins.

(In re Irvine, supra, p. 19) reversed.-Court of Appeal (Swinfen Eady and Bankes L.JJ., and Eve J.).-4th March 1918.

ARMY-MILITARY
JECTION-ATTAINMENT OF FORTY-ONE YEARS OF

SERVICE-TEMPORARY RE-A. Coker & Co. Ltd. v. Limerick Steamship Co. Ltd.

AGE-MILITARY SERVICE ACT 1916 (SESSION 2) (6 & 7 GEO. V. CAP. 15), SECTION 1 (1).-A. was medically examined for the Army on 13th September 1916, and received a certificate that he was classed as temporarily unfit for service for three months, and was to report for reexamination on 13th December 1916. His medical sheet was marked "temporarily rejected." On 21st September 1916 he attained the age of forty-one and on 20th December 1916 he was classified C 1. Held that A. was liable to military service.-K.B. Div. (Darling, A. T. Lawrence, and Lush JJ.).-1st March 1918.

Cargo ex the "Sudmark."

SHIPPING LAW-FREIGHT-ADVANCE FREIGHT
CHARTERED FREIGHT PAYABLE ON SIGNING

BILLS OF LADING.-A steamer was chartered to
carry a cargo from Liverpool to Archangel at a
rate of 225s. per ton delivered. The freight was
payable "on signing bills of lading less 3 per
cent. in Liverpool in cash before sailing." If
the bill of lading freight did not amount to the
chartered freight the difference was to be paid
in cash on clearing. Fire broke out on board
the vessel while in dock at Liverpool at a time
when she was only partially loaded, and when
only a certain number of the bills of lading had
been issued. In consequence the vessel was
unable to proceed on her voyage and the cargo
was never delivered. Held that a proportionate
part of the freight became payable as each bill
of lading was issued, and that the shipowners
were entitled to recover from the charterers the
amount of the freight corresponding to the bills
of lading which had been issued. Judgment of
Court of Appeal affirmed.-House of Lords
(Lord Dunedin, Lord Atkinson, Lord Parker
of Waddington, Lord Sumner, and Lord
Parmoor).-6th March 1918.

Bradford Old Bank Ltd. v. Sutcliffe.

GUARANTEE

LUNACY OF GUARANTOR

WAR—PRIZE—LANDING OF CARGO-DAMAGE BY FIRE. A German steamer was captured in the Red Sea by Captain B., a British naval officer, who took her to Alexandria and handed her over to Lieutenant G., the detaining officer for prizes. The detaining officer caused the cargo to be lauded and stored in the Egyptian Customs sheds, without applying to the Prize Court for leave. While in the sheds part of the cargo was damaged by fire and the remainder was of consent released to British corporations, who had an interest therein. In an action of damages at the instance of the corporations, held (1) that Captain B. was not liable in EFFECT ON LIABILITY-CLAUSE PROVIDING FOR damages, in respect he had acted reasonably in WITHDRAWAL ON THREE MONTHS' NOTICE.-A taking the ship to Alexandria, and in handing guarantee in favour of a bank contained a clause her over to the detaining officer, who was not providing that the guarantors might terminate his agent; and (2) that Lieutenant G. was not their liability by giving three months' notice. liable, in respect that the Prize Court, if applied One of the guarantors became a lunatic. Held to, would have authorised the landing of the that the clause as to notice did not apply, and goods, so that if there were any irregularity it that while the guarantor was bound in respect was purely technical. Decision of Supreme of all liability accrued at the date when he Court of Egypt reversed.-Judicial Committee became a lunatic, he was not liable in respect of Privy Council (Lord Parker of Waddington, of any liability which accrued subsequent to Lord Sumner, Lord Parmoor, Lord Wrenbury, that date.-K.B. Div. (A. T. Lawrence J.).— and Sir Samuel Evans).-1st March 1918.

8th March 1918.

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