JOHN ADAM, Esq., WRITER, PAISLEY. has not taken an active part in politics, but in his younger days he was a strenuous worker for the Liberal party. So long ago as the General The subject of our portrait this week is Mr Election of 1868 he acted as joint editor of the John Adam, who is one of the best known and "Hawk," an illustrated weekly which was most highly respected solicitors in Renfrewshire. published in support of the Liberal candidate Mr Adam has spent the whole of his pro- for Paisley, Mr Crum Ewing. He was secretary fessional life in Paisley, where he was born in of the Paisley Liberal Association from 1884 to 1847. He was educated at the John Neilson 1887, and he acted as agent for Mr W. B. BarSchool, Paisley, and at Glasgow University-in bour at a bye-election in 1885 and at the general part at the Old College in the High Street and in election of 1886. Literature has also claimed part at the new University at Gilmorehill-and him. The aforementioned "Hawk" was perhaps he received his professional training in the offices of Messrs Gibson & Bartlemore, Paisley, and Messrs Keydens, Strang & Girvan, Glasgow. Mr Adam started practice in Paisley in 1873. In his younger days he was a well-known pleader in the Sheriff Court, but for many years he has devoted his energies to chamber practice. The Paisley Faculty honoured him by electing him Dean of Faculty in 1897, and he held the office for the usual period of three years. He has been an honorary Sheriff-Substitute of Renfrew and Bute since 1899. In 1904 he assumed his two sons, Mr James Adam, LL.B., and Mr W. Wilson Adam, as partners, and since then the business has been carried on under the firm of John Adam & Sons. The firm enjoys a very high reputation in Paisley and the surrounding district, and when the Royal Bank of Scotland decided to open a branch in the burgh of Renfrew the members of the firm were appointed joint-agents. The directors have been more than justified of their action, for the branch has met with much success. But Mr Adam's interests have been by no means confined to his profession. In recent years he rather political than literary, but Mr Adam also acted as joint editor of the "Gleniffer Magazine," which was published in Paisley in the early seventies. He has a reputation as a speaker, and during his term of office as Dean was in the chair at a dinner which the Paisley Faculty of Procurators gave to the late Sheriff Sir John Cheyne and the late SheriffSubstitute Cowan. He has been a director for many years of the Paisley Savings Bank, and has served a term as chairman of the bank. Mr Adam was a Captain in the L.R.V. for eight years. In his younger days Mr Adam was a keen and skilful bowler and curler. He now devotes his energies to golf. He himself describes his game as a "good old man's game," but his opponents see very little of the "old man" in it, and regard it with a very wholesome respect. WE regret to record the death of Captain Ronald Macdonald, Cameron Highlanders, which took place on 10th June, of wounds received in action at Festubert on 17th May 1915. At the date of mobilisation Captain Macdonald was in command of the Portree Com n pany of the Cameron Highlanders, and went to France in March 1915. He received his commission as lieutenant in 1899, and was promoted captain in 1909. In civil life he was senior partner of Messrs Macdonald & Fraser, solicitors, Portree, and sole agent of the National Bank. Along with his partner he was joint clerk and treasurer of the Skye District Committee, and also for the School Boards of several of the parishes of Skye. THE LATE MR J. C. BENNETT, ADVOCATE, ABERDEEN. Mr John Carmichael Bennett, advocate, clerk to the Aberdeen Commissioners of Taxes, died at his residence, Kingswells House, near Aberdeen, on 9th June. A native of Fifeshire, Mr Bennett served his apprenticeship to the law in Dunfermline, and took the degree of B.L. at Edinburgh University. About thirty-three years ago he went to Aberdeen as principal assistant to the late Mr Peter Clark, and he afterwards became a partner with the late Mr C. G. Downie, and later a member of the firm of Messrs Murray & M'Combie. For the last eight years Mr Bennett had been clerk to the local Commissioners of Taxes, and was also clerk to the Visiting Committee, H.M. Prison. He was long connected with the Volunteers, and retired in 1905 with the Volunteer decoration and the rank of Hon. Lieutenant-Colonel of the 1st V.B. Gordon Highlanders. Mr Bennett, who was much respected by his professional brethren, and by the general community, was sixty-six years of age, and is survived by a widow and a family of two sons and four daughters. The elder son, Captain Norman C. Bennett, of the Argyll and Sutherland Highlanders, received the Military Cross for his services at Loos. SHERIFF MACONOCHIE has appointed Mr William Potter Wilson, chemist, Haddington, to be an honorary Sheriff-Substitute for the county of Haddington. WE regret to record the death of Mr Thomas Sturrock, S.S.C., who recently resigned the town clerkship of Dalkeith. A portrait and biographical notice of Mr Sturrock will appear at an early date in the "Scots Law Times." ON Tuesday the Court of Session adjourned from 11.45 to 1 o'clock in order to enable the judges to attend the Memorial Service to Lord Kitchener. The Faculty of Advocates were also represented at the Memorial Service. THE STIPEND YEAR. Ministers' stipend, as practitioners know, vests one-half at Whitsunday and one-half at Michaelmas, and the year's stipend is paid in the following March after the fiar's prices have been struck. But what is the year in respect of which this stipend is paid? That question comes up every time the rate of income tax is increased, and there is a fierce but indecisive newspaper correspondence between the Michaelmas to Michaelmas and the Martinmas to Martinmas men. Meantime the Inland Revenue look quietly on and are content to take it either way, satisfied that it will all come right in the end, i.e. when the income tax is lowered, wherein they shew a faith in the future not universally shared by income tax payers. It is Michaelmas or it is Martinmas that bounds the year-these are the two schools. Only one voice, that of the venerable Dr Mair crying in the wilderness, or at all events in his Digest, suggests the calendar year which ends on 31st December. Originally the clergy drew their teind corporeally upon the ground when the crop was cut. But long before the Reformation most ministers had become stipendiaries, and even parsons often accepted payment in money or kind instead of drawing their own teind upon the field. This necessitated a rule as to when the right to the year's stipend was to be held to accrue or vest. As Michaelmas corresponded with the time of stooks when the teind used to be drawn this term was fixed upon. The stipend for the year was then held to have vested, and apparently, though there is some discrepancy of authority upon the point, originally no part was held to have vested before Michaelmas. In any case, however, if the minister survived Michaelmas and died before 1st January, he took the whole stipend of the year in his own right and one-half of the next year's stipend was ann. On the other hand, if he survived until 1st January his representatives took the whole of the next year's stipend as ann. This is a puzzling rule. It is easy to understand the explanation given that breaking into the new year gave a new right, on the principle that a year begun is to be held as ended, as is explained in the reports. ann was recognised as one-half year's stipend more than the minister had earned, and it is not clear how this could become a whole year's stipend. In the reports of several of the old cases quoted at the foot it is distinctly stated that the whole year's stipend was taken as ann when the minister survived 1st January. But, on the other hand, Lord Succoth, in his report of the case of Wemyss (1675, 1 B.S. 462), states that the rule before the Act of 1672 was that where the minister survived 1st January he took onehalf year's stipend in his own right whilst the other half was ann. This is certainly more intelligible, though the language of the reports seems against it. In any event, whichever view be taken, it is clear from the terms of the reports and the explanations of the rule that 1st January was regarded as the beginning of the year in respect of which stipend was paid. The matters But DECISIONS IN THE ENGLISH of ann and the terms of vesting of stipend 461; Ker, 1661, Mor. 461; Fairly, 1662, Mor. were finally regulated by an Act of 1672 472; Wemyss, 1662, Mor. 462; Colvil, 1665, which formulated a rule which in the reign of Mor. 464; Birnie, 1675, 1 B.S. 741; Latta, James VI. the bishops had endeavoured to 5 R. 266. C. N. J. enforce (apparently with temporary successSmeiton, 1629, Mor. 461, commented on by the Lord President in Latta's case (5 R. 266)). The rule is thus expressed in the statute 1672, cap. 13: "If the incumbent survive Whitsunday there shall belong to them for their incumbency the half of that year's stipend or benefice and for the ann the other half; and if the incumbent survive Michaelmas he shall have right to that whole year's rent for his incumbency, and for his ann shall have the half year's rent of the following year.' In commenting upon this provision Sir George M'Kenzie ("Observations," p. 149) inserts after the words "whole year's" the words "viz. from January to January." This makes it quite clear that in the view of that eminent lawyer, who was conversant not only with the law but with its history, the year contemplated by the statute, viz. the year the stipend of which vested at Whitsunday and Michaelmas was the calendar year. This is in keeping with the old rules of stipend cases which laid stress upon survival of 1st January as being the beginning of a new year -rules which would be quite unintelligible if the year for which stipend was paid began either at Michaelmas or Martinmas. There is therefore authority in favour of the calendar year. But if the calendar year is to be rejected as most of the disputants seem to assume, and the choice is between a Michaelmas and a Martinmas year, there is no authority to guide, and it is impossible to affirm with confidence that either view is erroneous. All that can be said in favour of Michaelmas is that people are not generally regarded as having earned their full remuneration for a term of service until the term is completed. On the other hand, if Michaelmas be the end of a year, Whitsunday is certainly not the end of a half year, and this is awkward for the Michaelmas argument that vesting implies completion of a term of service on the date of vesting. For Martinmas it may be urged that it marks the close of the annual round of agricultural operations, and for purposes of rent and possession is regarded as the close of the agricultural year. None of these considerations seems conclusive when the history of the matter is regarded, and should the question ever come to be judicially determined, if the Court be then content to throw over Sir George M'Kenzie, the old cases, and the calendar year, the decision as between Michaelmas and Martinmas must be more or less arbitrary. Williams v. Pearce. WAR-DEFENCE OF THE REALM (LIQUOR CONTROL) ORDER-TREATING.-In a prosecution of a licensee of a public-house for a contravention of the order of the Liquor Control Board against "treating," it was proved that a glass of stout and three glasses of beer were supplied to the order of a man, who paid for them, that some of the liquor was consumed by two women who were in the company of the man who ordered it, and that the liquor was supplied by a servant to whom the licensee had not delegated the management of the public-house. Held that there had been a contravention by the licensee. K.B. Div. (Lord Reading C.J., Sankey and Low JJ.).-1st February 1916. Herbert Morris Ltd. v. Saxelby. CONTRACT-RESTRAINT OF TRADE.-The defendant had been in the employment of the plaintiffs, who were manufacturers of certain special kinds of machinery. He entered into a new engagement with them which was for two further years certain, and which contained a stipulation that for seven years after he should leave their employment he would not assist in the United Kingdom in the manufacture or sale of machinery of the kinds made by the plaintiffs. Held in an action to enforce the restriction that it was unreasonable and should not be enforced. Decision of the Court of Appeal (1915 S.L.T. 84) affirmed.— House of Lords (Lords Atkinson, Shaw of Dunfermline, Parker of Waddington, and Sumner).— 8th February 1916. Hugh Stevenson & Sons Ltd. v. Aktiengesellschaft für Cartonnagen-Industrie. WAR-PARTNERSHIP-ALIEN ENEMY PARTNER -DISSOLUTION.-Held that the outbreak of war dissolved a partnership between a British subject and an alien enemy, that the rules of the Partnership Act did not apply to such dissolution, and that if the British partner wished to carry on the business the alien enemy partner was not entitled to his share of the value of the business.-K.B. Div. (Atkin J.).—8th February 1916. Rex v. Sir Frederic Loch Halliday. The following are the authorities bearing directly or indirectly upon the matter: Stat. 1672, cap. 13; M'Kenzie's Observations, p. 149; Stair, II. viii. 33, 34; Erskine, II. x. 54; Earl Marishal, 1626, 1 B.S. 36; Smeiton, 1629, Mor. | ACT 1914 (5 GEO. V. CAP. 8), SECTION 1-INTERN MENT-PERSON OF HOSTILE ORIGIN OR ASSOCIA- Australian firm of spirit merchants ordered from TIONS.-Held that a regulation under the Defence of the Realm Consolidation Act 1914 authorising a Secretary of State on the recommendation of a competent naval or military authority to order the internment of a person of hostile origin or associations was not ultra vires. Decision of Divisional Court affirmed. - Court of Appeal (Swinfen Eady, Pickford, and Bankes L.JJ.).9th February 1916. NATIONALITY—INTERNMENT AS ALIEN ENEMY -HABEAS CORPUS.-The appellant was born in Germany in 1883, and about fifteen years after went to South America for two or three years. Since 1901 he had lived continuously in England. On being interned as an alien enemy he applied for a writ of habeas corpus on the ground that he was not an alien enemy and that in law he had no nationality. By a German law of 1870 German nationality was lost by continuous residence abroad for ten years; but by a German statute of 1913 a person who had lost his German nationality might recover it without returning to Germany. Held that the appellant had failed to shew that he had finally lost his German nationality, and that he was not entitled to the writ sought. Decision of Court of Appeal (1915 S.L.T. 116) affirmed.-House of Lords (Lord Buckmaster L.C., Earl Loreburn and Lord Atkinson)-17th February 1916. an American company a quantity of gin which the company was in the habit of obtaining from Holland. The vendor company got their supplies of gin bottled in Hamburg, and on receipt of the order they had a quantity of gin sent from Hamburg to Rotterdam for shipment. In a prosecution of the Australian firm on a charge of attempting to trade with the enemy, it was proved that they knew that the vendor would require to fulfil the contract from their stock in Hamburg. Held that they were rightly convicted. Decision of the High Court of Australia affirmed.-Judicial Committee (Lord Buckmaster L.C., Viscount Haldane, and Lord Shaw of Dunfermline).-25th February 1916. Chapman v. Owner of Ship "John W. Pearn.” WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SEC. 1-ACCIDENT ARISING OUT OF EMPLOYMENT.-SKIPPER ON SHORE ON SHIP'S BUSINESS-SLIPPING IN STREET.-The skipper of a schooner went ashore on the ship's business, and while returning to the ship slipped on some orange peel in the street and was injured. Held in an application for compensation that there was nothing in the accident specially incidental. to the nature of his employment, and that the accident did not arise out of the employment.Court of Appeal (Lord Cozens-Hardy M.R., Phillimore LJ., and Sargant J.)-15th March 1916. Sales v. Abbott. WORKMEN'S COMPENSATION ACT 1906 (6 EDW. VII. CAP. 58), SCHEDULE I., CLAUSE 1 (B)-COM PENSATION AMOUNT 66 EARNINGS. ,, A jobbing gardener worked two days a week for a certain employer. On the other days he earned money, but not under a contract of service. He was injured by accident at his work in the garden, and claimed compensation from his employer. Held that the compensation was to be calculated on the wages actually earned in that employment without regard to his earnings from work to which the Act did not apply.-Court of Appeal (Lord CozensWAR—TRADING WITH THE ENEMY-GOODS IN Hardy M.R., Phillimore L.J., and Sargant J.). ENEMY COUNTRY-BUYING FROM NEUTRAL.-An-22nd March 1916. Moss v. Donohoe. CHARLES E. LIPPE, Esq., ADVOCATE. for advice and comfort. And these he readily accords, with that sympathy and insight which have endeared him to all who know him. When for some years he acted as an examiner in law at Edinburgh University, the same qualities piloted more than one student through the perils of an "oral." Mr Charles Eaton Lippe is the only son of the late Rev. Dr Lippe of Aberdeen, and it was there that he received his education: first at the Grammar School, Aberdeen, then at the Grammar School, Old Aberdeen, and, lastly, at At present, thanks to far-seeing agents, Mr Aberdeen University, where he graduated in Lippe apparently possesses a fourfold professional Arts. His apprenticeship to the law was served personality. He is a junior, a senior junior, with Messrs Robertson & Lumsden (now Lumsden a junior senior, and a senior counsel. Unless & Davidson), advocates in Aberdeen, and Messrs (absit omen !) an evil genius deprives him of his Philip, Laing & Co., S.S.C., Edinburgh. In the Faculty of Law at Edinburgh University he had a distinguished career; he obtained several first prizes in his classes as well as the Grierson Bursary and the Forensic prize, and he graduated LL.B. with distinction. After practising as solicitor for six years in Aberdeen he was admitted to the Faculty of Advocates in 1903. A distinguished academic career and practical experience of office work do not necessarily ensure success at the a power of persuasive pleading, his fund of humour and of common sense, he will lose no practice if and when he "gives up writing." The latest list of causes standing for hearing in the House of Lords includes seventeen cases, of which ten are from England, four from Scotland, and three from Ireland. The Scots appeals are: Lochgelly Iron and Coal Co. Ltd. v. Kirk; Walker and Others v. Moss' Empires Ltd.; Dampskibsselskabet Svendborg v. Love & Stewart Ltd.; and Love & Stewart Ltd. V. Rowtor Bar. At least, so say those who have none of Steamship Co. Ltd. Since the list was issued the these things. Mr Lippe, however, has reaped Dampskibsselskabet Svendborg case and the Rowtor the fruits of youthful industry. Unlike case have been heard, and the appeal in the the kindly lawyer of the West, the canny former case has been dismissed. Aberdonian tends to wait and see how the rest of Scotland regards a struggling junior. Probably, therefore, the best proof of his ability is that in the past decade the name of Lippe has appeared in most, if not in all, of the important causes from his native city. THE High Court of Justiciary will sit in the Justiciary Buildings, Glasgow, on Tuesday first. There are four cases on the calendar. The capital charge has been laid against Thomas Quinn, whose wife was fatally assaulted in a Enjoying as he does in marked degree the house in Margaret Street, Glasgow. Another confidence of the Bench, it is not surprising that man, Robert M'Dermott, charged with attempt when in doubt, difficulty, or distress-haply over to murder, is alleged to have stabbed a female an adverse (ergo erroneous) judgment his outdoor worker in Church Street, Lochwinnoch. younger brethren are wont to "speak to Lippe" From Greenock a woman named Helen Meisak |