careful friend of the town councils of Arbroath during the last fifty years. He had guided them in their deliberations, and had taken them out of many difficult situations, for which, he was safe in saying, they were all deeply grateful. During all these years Mr Macdonald had been a great asset to the town of Arbroath. His name was well known all over Scotland, and much further afield, as standing for that staunch integrity and love of justice which characterised all that was best in Scottish jurisprudence. On behalf of the magistrates and members of the town council he asked Mr Macdonald to accept the freedom of the burgh. Mr Macdonald, in returning thanks, said it was the dream of his life to have his name inscribed on the burgess roll of the burgh. If he had failed in his endeavour to serve his native town, he hoped they would believe that he had always tried to do his best. The Provost then presented Mr Macdonald with his portrait. Mr Macdonald returned thanks, and asked the Provost to accept the portrait on behalf of the burgh. MAJOR JAMES D. L. MELROSE, W.S., who was previously reported wounded, is now reported to have died of wounds. He was a son of ex-Provost Melrose, Kelso, and was admitted to the Society of Writers to the Signet in 1909, and practised in Edinburgh up to the outbreak of the war. MR DAVID PHILIP, whose death took place on 22nd June, was one of the oldest members of the S.S.C. Society, and senior partner of the firm of Philip & Simpson. He was born in Morayshire, and was educated at Elgin and at Edinburgh University. After obtaining experience in Elgin and Aberdeen he came to Edinburgh in 1862. He was admitted to the S.S.C. Society in 1866. For a number of years he was in partnership with the late Mr Alexander Laing, S.S.C. Mr Philip was at one time a member of the City Parochial Board, and he took an active part in the management of the Edinburgh, Morayshire Club. He was seventy-five years of age. WE regret to record the death of Mr John P. Anderson, solicitor, Forfar, which took place on 20th June. Mr Anderson belonged to Edinburgh, but he went to Forfar in the early seventies as assistant to the late Mr R. W. Anderson, solicitor. A few years later he started practice on his own account. In 1890 he received the appointment of Clerk to the Forfar District Committee. He was elected to Forfar Town Council in 1886, and was Provost of the burgh from 1893 to 1895. In 1895 he was appointed Town Chamberlain. Mr Anderson was enthusiastic volunteer, and for over twenty years he held a commission in the Angus Rifles. MARINE INSURANCE-RESTRAINT OF PRINCES ULTRA VIRES REQUISITION EXCLUSION OF CLAIMS DUE TO DELAY.-The owners of a cargo which was loaded on board ship for the purpose of being carried from Novorossisk to Falmouth insured it against, inter alia, restraints of princes and the risks covered by the free of capture and seizure clause, but exclusive of claims due to delay. Before the ship sailed the Turks closed the Dardanelles and the adventure was frustrated as from 5th November 1914. In March 1915 the ship was requisitioned by the Admiralty. The requisition was ultra vires, but the owners complied with it. In March 1915 the cargo owners intimated to the underwriters that they considered the cargo covered by the insurance against war risks. The underwriters repudiated liability. In July 1915 the cargo owners gave a notice of abandonment to the underwriters by a notice which stated that the ship was unable to perform her voyage owing to warlike operations. Held (1) that the closing of the Dardanelles was a restraint of princes; (2) but that the claim arising therefrom was a claim due to delay and not covered by the policy; and (3) that the notice of March, being based on the requisition, was not a sufficient notice of abandonment to support a claim on this ground. Held also that as the requisition was ultra vires, the compliance with it was a voluntary act on the part of the owners unless brought about by force or threats of force, and that accordingly any loss thereby caused was not due to restraint of princes.K.B. Div. (Bailhache J.).—17th April 1918. In re Beckett. AGENT AND CLIENT-AUTHORITY.—A body of trustees retained S. as their solicitor in an action. Without their knowledge S. employed L. to act as solicitor in the action. Pending the action S. employed another agent and L. ceased to act. The action was ultimately settled-the trustees paying their own costs. The trustees never knew that L. was acting as their solicitor until after he had ceased to act. Held that L. was not entitled to sue the trustees for his account. Judgment of Peterson J. affirmed.-Court of Appeal (Swinfen Eady and Bankes L.JJ., and Neville J.).-23rd April 1918. William Whiteley Ltd. v. Hill. HIRE-SALE-HIRE PURCHASE-FRAUDULENT SALE BY HIRER.-A., who had hired a piano from the plaintiffs on the hire-purchase system, fraudulently sold it to B. before all the instalments were paid. B. bought the piano in good faith and without notice of the plaintiffs' rights. Held that the sale by A. was a complete repudiation of the hire-purchase agreement, and that the plaintiffs were entitled to claim delivery of the piano from B.-K.B. Div. (Salter and Roche JJ.)-25th April 1918. Philbin v. Hayes. WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SECTION 1 (1)—OUT OF AND IN COURSE OF EMPLOYMENT.-Owing to want of housing accommodation an employer erected a number of huts in which workmen engaged in carrying out the extension of a factory were allowed to sleep in return for a small payment. After stopping work, the workmen's time was at their own disposal. A workman, while sleeping in one of the huts, was injured owing to the hut being blown down in a storm. Held that the accident did not take place in the course of the employment.-Court of Appeal (Swinfen Eady and Bankes L.JJ., and Neville J.).-1st May 1918. Rex v. Bury County Court Registrar. WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58)-MINOR ADMISSION OF LIABILITY--REDEMPTION OF CLAIM FOR LUMP -- SUM DEATH OF INJURED PERSON RECORDING OF AGREEMENT. Where a memorandum of agreement between the guardian of a minor and his employers to commute a claim for compensation for injury on his behalf had been sent to the County Court registrar to be recorded, and the minor died before it was recorded, held that the registrar ought to record the agreement unless he considered the sum awarded as compensation inadequate or the agreement to have been improperly obtained. K.B. Div. (Darling, A. T. Lawrence, and Avory JJ.).-6th May 1918. MARSH-LANDS.-Certain marsh-lands were sold in lots, including a steam mill included in one of the lots for the purpose of draining the lands, under the provision that the purchaser of the mill was bound for ever to keep it in an efficient state for drainage, upon payment of a fixed charge by the other purchasers of the lands, who were themselves bound to keep their lands in a properly cleansed condition. Held that the agreements were dependent upon one another, and that, provided an owner of marsh-lands kept his land in such a condition as would enable the owner of the mill to perform his obligation, he was entitled to damages for failure to perform the undertaking to keep the mill working.K.B. Div. (Lush J.).—7th May 1918. SUCCESSION In re Pawle. TESTAMENT PROBATE SOL factors which necessitated a new edition of this work at the present time. The last (the 5th) edition was published in 1908, and contained but 132 pages, while the present edition, published in 1918, contains no fewer than 443 pages a fact which sufficiently shews the great increase in the subject-matter during the last ten years. There are explanatory notes to the new Acts which are both learned and lucid, and they have, in addition, the great merit of brevity and conciseness, while the cross-references to each section considerably facilitate the handling of the work by the busy practitioner. The revision of the notes throughout shews much care and thought, while every new company case between 1908 and 1917, as far as we are aware, has been included. This new edition of a most useful book will be welcomed by both branches of the profession, as well as by thousands of business and commercial firms, who will find it absolutely indispensable in their offices. DIER ON ACTIVE SERVICE-LETTER EXPRESSING Annual Supplement, 1917, containing all the Re ported Decisions of the Superior Courts, including a Selection from the Scottish and Irish, with a Collection of Cases Followed, Distinguished, Explained, Commented on, Overruled, or Questioned. By John Mews, Barristerat-Law. London: Sweet & Maxwell Ltd; Stevens & Sons Ltd. 1918. INTENTION TO DISPOSE OF PROPERTY SUB SEQUENT DEATH FROM NATURAL CAUSES. —— A soldier on service during the Dardanelles expedition wrote to his brother, one of his next of kin: "If I do buy it, you might see that the few quids I have at Holt's go to . . . ." He afterwards returned to England, went to India, and died there from natural causes. Held that the letter was a valid testamentary docu"Mews' Annual Digest" for 1917 possesses ment disposing of his property in any circum- all the familiar features which the profession stances, and ought to be admitted to probate.-have for years been accustomed to expect Prob., Div., and Adm. Div. (Horridge J.).— 9th May 1918. LAW LIBRARY: of it. As everyone in the Temple, and very many solicitors use "Mews' Digest" daily, it is not necessary at this time of day to praise such an accurate and trustworthy work, but it is worthy of remark that, notwithstanding the difficulty of getting good paper at the present time, the quality of the paper used for "Mews'" is, as heretofore, excellent; while the printing and get-up are all of the same high standard as we have been accustomed to look for. There is a full Table of Cases at the beginning of the The Companies Acts 1908 to 1917, with Explanatory Notes and an Appendix containing the volume, and at the end the usual list of Cases Principal Legislation affecting Companies Το a Consequence of the War. By Followed, Not Followed, etc., etc. passed as D. G. Hemmant, of the Inner Temple, Bar English lawyer the book is indispensable, and no Scots lawyer is safe without it. rister-at-Law. Sixth Edition. London: Jordan & Sons, 1918. Price 6s. net. The publishers of this book are well known throughout the legal and commercial worlds as making a speciality of excellent books on Company Law, and the present work by Mr D. G. Hemmant fully sustains that high reputation. The passing of the Companies (Foreign Interests) Act 1917 and the Companies (Particulars as to Directors) Act 1917, as a consequence of the war, and the large number of new cases arising out of company law, are among the principal an G. L. CROLE, Esq., K.C., The new Sheriff of the Lothians is an Edinburgh man, being the son of the late Mr David Crole, who for many years held the office of Solicitor of Inland Revenue. He was educated at the Royal High School and at Edinburgh University, and was trained to the law in the office of Messrs Davidson & Syme, W.S. In 1881 he took the degree of LL.B., and was admitted to the Faculty of Advocates. Mr Crole did not have to wait long for success, and he quickly acquired a good junior practice. His advancement was indeed so rapid that Lord Advocate Robertson appointed him to be sole Clerk of Justiciary in 1892, although he had only been eleven years at the Bar. The appointment was one of the most successful ever made, for Mr Crole was soon recognised as one of the very best and ablest officials in Scotland. On his appointment he found that the work of his office was heavily in arrear, but this state of matters was not allowed to last under his régime. In a short time arrears were wiped off, and the department reorganised and brought into a state of efficiency which made it a model Government office. Within a few years of his taking office he was entrusted with the preparation of a new Table of Dues in the High Court of Justiciary, and his draft report was accepted by the Court and by the Treasury "without the alteration of a comma." He is an expert in all matters relating to criminal law and procedure, and his opinions on these matters have always had the greatest weight with the Court. Mr Crole's interests in life have not been by any means restricted to the work of his office. Golf, shooting, and fishing have all claimed him. He was captain of Mortonhall Club from 1902 to 1905. He is an elder of the United Free Church and has taken part in politics, being high in the counsels of the Unionist party, and taking an important share in the work of organisation. He has been for some time chairman of the Directors of the Royal Infirmary, in which capacity his business ability has given him an authority such as few chairmen possess. Unless the omens are hopelessly misleading, he should make an admirable Sheriff, though it will not be easy to increase the great reputation he has already made as Clerk of Justiciary. THE sittings of the First and the Second Divisions for jury trials will begin on Monday, 22nd July, next. THURSDAY, 15th August, and Thursday, 26th September, have been appointed to be box-days in the ensuing vacation. The Lord Ordinary officiating on the Bills will sit in Court on Wednes day, 21st August, and Wednesday, 2nd October, each day at 11 A.M., for the disposal of motions and other business falling under the 93rd section of the Court of Session Act 1868 and the 3rd section of Chapter I. book A, Codifying Act of Sederunt; and rolls will be taken up on Monday, 19th August, and Monday, 30th September, between 11 A.M. and 12 noon. THE latest list of causes standing for hearing in the House of Lords contains four appeals from Scotland: Caledonian Railway Co. v. Great North of Scotland Railway Co.; North British Railway Co. v. James Nimmo & Co. Ltd.; John G. Stein & Co. Ltd. v. The Lord Advocate; Craig v. Corporation n of Glasgow. There are also eleven appeals from England and three from Ireland. A SITTING of the High Court of Justiciary was held in Glasgow on 2nd July: Lord Mackenzie and Lord Guthrie were the presiding judges in the North and South Courts respectively. The calendar was a light one and the proceedings occupied only one day. THE Society of Writers to the Signet has sent the following address to the Secretary for Scotland for presentation to Their Majesties the King and the Queen on the occasion of their silver wedding: To Their Most Excellent Majesties King George the Fifth and Queen Mary. May it please Your MajestiesWe, the King's dutiful and loyal subjects, the Keeper, Deputy-Keeper, Commissioners, and other Members of the Society of Writers to His Majesty's Signet in Scotland, desire most humbly to approach Your Majesties and respectfully offer our congratulations on the auspicious occasion of the twenty-fifth anniversary of Your Majesties' wedding; and we fervently pray that under the blessing of Almighty God Your Majesties may reign together in the hearts of the nation during many and happy days of peace and prosperity, and may be vouchsafed strength to continue, in your exalted station, the unceasing endeavours for the promotion of the best interests of the country which have so justly endeared Your Majesties to a grateful people. Signed in presence and by appointment of a special meeting of the Society of Writers to His Majesty's Signet at Edinburgh on the 6th day of July 1918. GEORGE M. PAUL, Deputy-Keeper of H.M. Signet. MAJOR JAMES DYKES BLACK, HL.I., M.C., who died at a military hospital in Glasgow on 5th July, was the younger son of the late Mr Archibald Campbell Black, writer, Glasgow. He entered the legal profession and was a partner of the firm of Messrs M'Grigor, Donald & Co., writers, St Vincent Street, Glasgow. Major Black, who was thirty-nine years of age, served in the old 1st Lanark Volunteers and had retired, but volunteering for service on the outbreak of war he was gazetted to the H.L.I. He served in Gallipoli and in Palestine, and was wounded in November last. He was awarded the Military Cross last year. THE HON. WILLIAM WATSON, K.C., M.P. for South Lanark, has left the Ministry of Munitions consequent upon his appointment as a member of the Defence of the Realm Losses Committee. He takes the place on that committee of Mr Shortt, the Chief Secretary for Ireland. MR CHARLES D. MURRAY, K.C., presented his commission as Sheriff of Renfrew and Bute at Greenock Sheriff Court on 1st July and was introduced by Sheriff-Substitute Welsh to members of the local Bar and the Court officials. Honorary Sheriffs-Substitute Colin MacCulloch, John Young, and W. B. M'Millan occupied seats on the bench. Mr J. W. Crawford, Dean, welcomed the new Sheriff in name of the Faculty of Procurators of Greenock; Mr William Auld, Procurator-Fiscal, on behalf of the officials; and Provost M'Millan on behalf of the general community. At Paisley Sheriff Court, Sheriff Blair introduced the new Sheriff. Among those present were Sir Thomas Glen-Coats, Bart., Lord Lieutenant of the county; Sir Hugh Shaw-Stewart, Bart., county convener; Provost Robertson, and Hon. Sheriffs-Substitute Cochran, Abercrombie, Adam, and Murray. Mr J. M. Lang, Dean of Faculty, conveyed the congratulations of the Bar, and Sir Hugh Shaw-Stewart and Provost Robertson associated themselves with the welcome extended to Sheriff Murray. Sheriff Murray, in acknowledgment, said he recognised the Sheriffdom of Renfrew and Bute as one of the chief sheriffdoms in Scotland, and he assured the Faculty and the representatives of the county and the burgh that it would be his earnest endeavour to maintain the high ideasl and the high traditions of the important office to which he had been called. AT an Appeal Court in Dumbarton on 1st July Sheriff Macphail intimated that SheriffSubstitute Macdiarmid, who was beyond the old military age, had been permitted by the Secretary for Scotland to engage in active military service. His Lordship added that the going away of Sheriff-Substitute Macdiarmid had been made more easy by the patriotic offer of Mr W. J. Kippen, a member of the Scottish Bar Sheriff-Substitute during Mr Macdiarmid's and a Dumbartonshire man, to act as interim absence. The Sheriff thought they would all patriotic, and he had no doubt he would do his agree that Mr Macdiarmid's action was highly duty faithfully in his new sphere. MR THOMAS HOLLIS WALKER, K.C., has been appointed Recorder of Derby in succession to Mr J. H. Etherington Smith, who has resigned. MR GEORGE CHECKLEY has been appointed a macer in the Court of Session in succession to Mr John Currie, who has retired. MR ROBERT STEWART, S.S.C., 137 George Street, Edinburgh, and Mr James Scott, S.S.C., 1 Rutland Square, Edinburgh, have entered into partnership as from 1st July 1918. The business will be carried on under the firm name |