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SECTION 2 (1).—Where a woman employed in munition work had a toe injured by an accident arising out of and in the course of her employment, but continued to work until her employment ceased eighteen months afterwards, and made no claim until the toe was amputated thirty months after the accident, her own explanation of her failure to claim within the statutory period of six months being her desire to continue in the employment, held (1) that if there was a reasonable cause for the failure to make the claim within six months any subsequent delay was immaterial, and (2) that the cause of the failure to make the claim within six months was not a reasonable one.-Court of Appeal (Lord Sterndale M.R., Warrington and Scrutton L.JJ.).-25th November 1920.

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They fought their way to the s.s. "Lomonosoff' and assisted her to escape from the port. They had an alternative means of escape. In an action for salvage by them against the owners of the ship, held that by selecting a means of escape which also saved the ship, they were volunteers in saving the ship, and that, in assisting to save the ship from the servants of a Government not recognised by Britain, they were entitled to a reward for what was analogous to a rescue from pirates or mutineers.-Prob., Div., and Adm. Div. (Hill J.).—1st December 1920.

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JOINT-STOCK COMPANIES IN SCOTLAND. The following have been registered for week ending 11th February:

11608-Glasgow Rubber Estates Ltd., 124 St Vincent lands known as the Anak Kulim Estate in the Mukim of Street, Glasgow (private company), to acquire and develop Trab district of Kulim, State of Kedah, Federated Malay States. Capital-£300 in £1 shares.

11609-Whiteshaw Patent Fuel Co. Ltd., Law Crossing, Carluke, to take over the business of the Whiteshaw Patent Fuel Co., coalowners, iron and steel merchants. Capital£6000 in £1 shares.

11610-Hornes Ltd., Carmelite House, 23 Carmelite Street,

Aberdeen (private company), to take over the business now carried on at Aberdeen by Horne & Co., wholesale merchants and manufacturers. Capital-£30,000 in £1 shares.

11611-Hendry & Bishop Ltd., 26 West Port, Edinburgh (private company), to take over the business of Hendry & Bishop, saddlers, ironmongers, horse collarmakers, golf club £1 shares. manufacturers, etc., at above address. Capital-£10,000 in

EDITORIAL NOTE.-The Editor will be pleased to consider Articles on Legal Subjects and will welcome any suggestions from Subscribers which will serve to make the S. L. T. more useful to the Bar or Profession.

THE LATE MR JAMES P. KENNAWAY,

TOWN-CLERK, AUCHTERARDER.

Mr James P. Kennaway, who died suddenly on 26th January last at Kenwood Park, Auchterarder, Perthshire, at the age of fiftyfour, stood in the front rank of Scots lawyers, and in his own particular branch of work occupied a unique position.

He was (writes a Times correspondent) the pioneer of the extensive movement which is making vast changes, both social and other, on the face of Scotland. The broad acres of the old feudal proprietors are being transferred to the ownership of tenant farmers.

siding. The loyal toasts were honoured on the motion of the chairman.

Mr James Andrew, Dean of the Faculty of Procurators, proposing the toast of "The Court of Justice," said it was fortunate for us that in our Courts justice was administered fairly, and we could view our Courts with the utmost satisfaction. The Court of Session had existed for nearly four centuries, and if they were to go over the list of those who had been judges in the Court of Session they would recognise that they had in these men distinguished statesmen, orators, and men of letters. But the Sheriff Court was really the most popular of all, and in the Sheriff Court they had judges who were Mr Kennaway conceived the idea some thirty certainly not inferior to the judges who adorned years ago of purchasing and subselling estates the Court of Session. They had also the J.P. after they had been broken up into individual Court, but as he had been a J.P. for twelve farms. He was keenly interested in the develop-years it did not become him to sing its praises, ment of agriculture, and the particular methods and as they had now women justices, they he adopted and carried out were instrumental hoped the Court would be more interesting and in raising the status of the Scottish farmer and do more useful work than in the past. in helping to bring to a still more scientific pitch the cultivation of the soil.

Educated at Perth Academy and Edinburgh University, and versed in the mysteries of banking and the law, which have a close affinity in Scotland, he settled some twenty-seven years ago at Auchterarder, where he built up an enormous business as a solicitor, his clients coming from all over the county of Perth and from beyond.

Among the great estates which have passed through his hands were Aberuthven, Gask, Lathrisk (Fife), Gray (Forfarshire), and Pitfour. He negotiated and carried through the purchase of many others, including Dupplin, Torridon, Scatwell, Argaty, Innerpeffray, Gorthy, Dunbar (Kincardine), Closeburn (Dumfries), and Moness on the Breadalbane estate.

Mr Kennaway was Town-Clerk of Auchterarder for twenty-six years, and was also DeputeClerk of the Peace for the Central District of Perthshire. He represented Auchterarder in the County Council for fifteen years. He was also a Governor of Morison's Academy, Crieff, and a Justice of the Peace for the County of Perth.

Mr Kennaway is survived by a widow and a family of two sons and a daughter, the elder of whom, Mr C. G. Kennaway, LL.B., W.S., who returned from Cairo where he was employed in the Ministry of Justice, is carrying on his late

father's business.

WE regret to learn that owing to illness Lord Anderson has been granted leave of absence till the close of the current session.

GLASGOW JURIDICAL SOCIETY.-The members of the Glasgow Juridical Society met at dinner in the Athenæum Restaurant, Glasgow, on Tuesday last, Sheriff A. O. M. Mackenzie pre

Sheriff Lyell said the Dean had spoken words of high commendation regarding the occupants of the Bench, and it was rather difficult for a humble member to reply with becoming modesty, so that he would content himself with saying he concurred with every word said. He was relieved to know this toast was not entrusted to one of the younger members of the Society, because one never knew what a young man would say when he got the chance. He looked back forty years and recalled the opinion which they held then of the judges of the day. They were sore upon the hoary-headed seniors who paid no attention to their forensic eloquence, and as for their law in the Juridical Society they reversed that. They reversed it with the enthusiasm of a Sheriff Principal dealing righteously with an interlocutor of a SheriffSubstitute. All that was changed nowadays. Judges were monuments of patience.

Mr C. H. Brown, K.C., proposing "The Glasgow Juridical Society," said he was honoured in being called as a substitute for Lord Anderson, and thanked them for putting him nearer the Bench than he was ever likely to be. He urged the utility of the society upon young practitioners, both for their own sake and the law's sake. Mr Donald A. S. M'Leish, president, replied on behalf of the Society.

Sheriff Thomson proposed the toast of "The City of Glasgow," and Treasurer Kelly, in reply, said Corporation business to-day was a very serious matter, but he was encouraged to believe he had a good time in front of him, and that next year he would be able to announce some reduction in the rates. He wished the citizens would realise their responsibility, and to the legal profession he would say they were not doing their duty unless they took an interest in municipal affairs.

The toast of "The University of Glasgow" h

was proposed by Dr George Neilson and replied to by Professor M'Kechnie, while that of "Kindred Societies" was proposed by Mr R. M. Nicol and responded to by Mr J. O. Taylor, Edinburgh, and Mr Norman W. Duthie, Glasgow. "The Chairman" was proposed by Professor Gloag.

ABERDEEN UNIVERSITY HONORARY DEGREES. -We note among the list of those receiving the LL.D. degree at the forthcoming graduation the names of Sheriff Principal James Mercer Irvine, K.C., M.A., B.Sc., LL.B., Sheriff-Principal of Renfrew and Bute; and The Right Hon. Robert Munro, P.C., K.C., His Majesty's Secretary for Scotland.

ARBROATH TOWN COUNCIL APPOINTMENT.Mr John R. W. Clark, of the firm of Messrs Clark, Oliver, Dewar, & Webster, S.S.C., Arbroath, has been appointed an interim Councillor of the Arbroath Town Council to fill the vacancy caused by the death of Bailie Mackenzie.

BANK OF SCOTLAND CHANGES.--Mr James Clark, assistant secretary of the Bank of Scotland, retires from the service on 28th February, after a period of over forty-five years' service. The directors have appointed Mr James Brown, of the bead office staff, to be accountant of the Bank.

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A conference of the Committee will be held at The Hague from 12th to 16th May to frame a report for presentation to the Congress of the International Law Association, which will take place on 30th August and following days in the Peace Palace at The Hague.

REGULATION OF DYESTUFFS IMPORTS.-In accordance with the provisions of subsection (3) of section 2 of the Dyestuffs Import Regulation Act 1920, the President of the Board of Trade has appointed the following committee to advise the Board of Trade with respect to the granting of licences under the Act: Mr Vernon Clay, joint managing director, Robert Clay Ltd.; Mr George Welsh Currie; Mr George Douglas, managing director, Bradford Dyers' Association Ltd.; Mr E. V. Evans, O. B.E., F.I.C., treasurer of the Society of Chemical Industry; Dr Martin Onslow Forster, F.R.S., F.I.C, director of the Salter Institute of Industrial Chemistry; Mr C. C. Railton, director, Calico Printers' Association Ltd; Mr H. B. Shackleton, Messrs Taylor, Shackleton & Co., Shipley; Mr Thomas Taylor, Cornbrook Chemical Co., Stockport; Mr S. A. H. Whetmore, British Dyestuffs Corporation Ltd.; Mr W. J. U. Woolcock, C.B.E., M.P., general manager, Association of British Chemical Manufacturers. The secretary to the committee is Mr W. Graham, M.B.E., Danlee Buildings, Spring Gardens, Manchester.

SHIPYARDS LICENSING ORDER REVOKED. — The Shipping Controller has made an order revoking the Shipyards Licensing Order 1918. It is therefore no longer necessary to obtain the licence of the Shipping Controller for the repairing, building, etc., of any ship or vessel.

NEW KING'S COUNSEL.-The following eleven
gentlemen have been appointed King's Counsel
at the English Bar: Albert Thomas Carter,
Henry St John Digby Raikes, Henry Straus TO
Quixano Henriques, Aubrey Francis Wootten,
John Shuckburgh Risley, Robert Newton Crane,
The Hon. Reginald William Coventry, John
Guy Rutledge, Harold Spencer Morris, Frederic
George Thomas, and George Cecil Whiteley.

MARITIME LAW PROBLEMS. Sir Henry Duke, President of the Probate, Divorce, and Admiralty Division, has consented to act as chairman of the Maritime Law Committee in the place of Sir John Macdonell, who has occupied the position for several years, but has been compelled to resign owing to ill-health.

The Maritime Law Committee is at the present moment engaged in examining the rules relating to safety at sea, especially the question of deck cargoes, and is also dealing with the long-standing question of limitation of shipowners' liability and the subject of affreightment.

ACT OF SEDERUNT

REGULATE APPEALS ΤΟ THE SHERIFF UNDER THE FIREARMS ACT 1920 (10 & 11 GEO. V. CAP. 43), SECTION 1 (5).

EDINBURGH, 22nd February 1921.

The Lords of Council and Session, under and by virtue of the powers conferred upon them by sections 1 and 17 of the Firearms Act 1921, do hereby enact and declare as follows, viz. :

Appeals to the Sheriff under section 1 (5) of the said Firearms Act 1920 shall be by initial writ under the Sheriff Courts (Scotland) Acts 1907 and 1913 (7 Edw. VII. cap. 51, and 2 & 3 Geo. V. cap. 28), and the proceedings thereon shall be as laid down in these statutes.

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

J. A. CLYDE, I.P.D.

DECISIONS IN THE ENGLISH

COURTS.

held that "alteration of trade conditions" cluded alteration due to the rise in the cost of materials and labour, and agreements in respect

in

First National Reinsurance Co. Ltd. v. Greenfield. of which the application was made annulled from the date of the decision.-Chan. Div. (P. O. Lawrence J.).-16th December 1920.

COMPANY

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SHAREHOLDER

OF

PURCHASE SHARES-MISREPRESENTATION IN PROSPECTUSREPUDIATION OF CONTRACT-LIABILITY OF SHARE

HOLDER FOR CALLS.—A person applied for shares in a company, the prospectus of which stated that Mr F. was to be the underwriter to the company. This appointment was subsequently cancelled, and the applicant when the next call on the shares was made informed the company that he repudiated the contract, the cancellation of Mr F.'s appointment amounting to a breach of faith and a breach of contract. He also claimed repayment of the amount he had already paid on the shares, and requested that his name on the shares, and requested that his name be removed from the register. The company refused to accept his repudiation or to remove his name, and sued him for the amount of the call. Held (1) that it was necessary for the defendant, in order to escape liability for the call, to prove that in substance he was not a shareholder, and (2) that he could not set up misrepresentation and repudiation as a defence unless he had taken effective steps within a reasonable time to have his name removed from the register.-K.B. Div. (Lush and M'Cardie JJ.).—13th December 1920.

The "Marlborough Hill" v. Alexander Cowan & Sons Ltd. and Others.

SHIP—BILL OF LADING—“ RECEIVED FOR SHIPMENT”—RIGHT TO SUBSTITUTE ANOTHER VESSEL -ADMIRALTY COURT ACT 1861 (24 & 25 VICT.

CAP. 10), SECTION 6.-A bill of lading which is framed in the form "received for shipment" instead of "shipped on board," and contains the obligation to carry the goods by the named ship or another vessel instead of by the named ship only, is none the less a bill of lading within the meaning of the above-cited statute. Judgment of the Supreme Court of New South Wales affirmed. Judicial Committee of the Privy Council (Viscount Cave, Lord Dunedin, Lord Moulton, and Lord Phillimore).-16th December

1920.

North Metropolitan Electric Power Supply Co. v. Stoke Newington Borough Council.

WAR-EMERGENCY LEGISLATION—ANNULMENT

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INSURANCE-DISCIRCUMSTANCES

INSURANCE-MARINE CLOSURE OF MATERIAL WAIVER-WOODEN VESSEL WITH PETROL FUEL -UNDISCLOSED CARGO OF PETROL-MARINE IN

SURANCE ACT (6 EDW. VII. CAP. 41), SECTION 18. In an action against the insurers on a total loss on two policies of insurance on the hull and machinery of a wooden schooner with auxiliary motor engines, the defendants pleaded concealment of a material fact-namely that, before insuring, the owner had entered into an engagement to carry a quantity of petrol in drums. Held that the evidence as to the custom with regard to disclosure of cargo when insuring hull and machinery shewed that underwriters waived any information respecting a cargo which could fairly be described as an ordinary cargo of lawful merchandise, which the petrol was, that

disclosure that the vessel was a wooden vessel

with motor engines was sufficient disclosure to put the underwriters on enquiry, and that the fact that the owners had agreed to carry the cargo of petrol was a circumstance as to which information was waived by the underwriters, and that disclosure of it was excused in terms of section 18 (3) of the Marine Insurance Act 1906. Court of Appeal (Bankes, Atkin, and Younger L.JJ.).—20th December 1920.

The "Kenora."

OF CONTRACT-SERIOUS HARDSHIP-ALTERATION OF TRADE CONDITIONS-COURTS (EMERGENCY POWERS) ACT 1917 (7 & 8 GEO. V. CAP. 25), SECTION 1-COURTS (EMERGENCY POWERS) ACT 1919 (9 & 10 GEO. V. CAP. 64), SECTION 1.—In an application under the above-cited statutes, SALVING VESSEL-EFFECT ON SALVAGE AWARD

SHIP

SALVAGE

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To the Editor,

"Scots Law Times "

A Court of Criminal Appeal.

SIR,-Your readers must have been much interested in the able series of articles by Mr Lewis which appeared in your pages some time ago, expounding the English system of criminal appeal. But in fact the new Act of 1907 accomplished very little. It was supposed by the public to render miscarriages of justice, such as happened in the Beck case, impossible for the future. But Beck's conviction would have stood just the same under the new system as under the old. It is not probable that one prisoner has been acquitted on appeal simply from a jury's verdict. Fresh evidence has only most sparingly been admitted. It has rarely, if ever, induced the Court to acquit. The Court has from the first refused to embark upon a new trial, and to take the evidence de novo. As Mr Justice Darling remarked, this would be to substitute trial by judges for trial by jury. Juries would convict pro forma, and leave the real trial to be conducted by the appeal judges.

There is no remedy for this. A second trial, under the present English system of procedure, means a trial in which the prisoner is at the enormous disadvantage of having already in the first trial shewn all his cards. No system of appeal can be adapted satisfactorily to our system of trial by tournament of wits.

The grant of a new trial, whether before judges or jury, would be a mockery. It would merely mean the grant to the police of additional power to upset the now disclosed defence. For, observe, the prisoner cannot vary from it. He is tied down to the line he has taken at the first trial.

The only real safeguard lies in abandoning our criminal system, and in making from the outset an inquisition into the facts, so impartial, searching and satisfactory, that it will form the unimpeachable basis for any action which is subsequently taken.

The continental-and to some extent the Scottishsystem is an approximation to this: and that is why

The appeals

it is consistent with numerous appeals. never contradict the instruction-they merely challenge by the tendency of the juge d'instruction to convict its interpretation. The continental system is vitiated somebody the same tendency as is exhibited by policemen. The reason is that credit and promotion ("La Robe Rouge") come from a high percentage of conbut it ought not to be impossible. victions. It is difficult to overcome such a tendency; but it ought not to be impossible.

The apologists of the Appeal Court must not take credit for the numerous cases in which convictions have been quashed on points of law. That was easily done before-(in the old " "Court for Crown Cases Reserved" of five judges, who all gave independent judgments). We have to face the fact that our English system of trial by melodrama, handed down from the Middle Ages, is radically inconsistent with appeal. France would surely be a far better model for Scotland, in framing any scheme for appellate tribunals. TH. BATY (Inner Temple).

JAPAN, 18th January 1921.

JOINT-STOCK COMPANIES IN SCOTLAND. The following have been registered for week ending 18th February:

11612-James Nairn Ltd., Kilwinning (private company), to take over the business of James Nairn, wire fencers and contractors, Kilwinning. Capital-£5000 in £1 shares.

11613-Torbet Lactic Oats Co. Ltd., 31 St Andrew Square, Edinburgh (private company), to manufacture, exploit, and promote the sale of a food product known as Torbet Lactic Oats, and to carry on business as general merchants and manufacturers and traders. Capital-£5000 in £1 shares.

11614-Airlie Industries Ltd. (private company), to carry on the business of merchants, warehousemen, tailors, dressmakers, etc. Capital-£500 in £1 shares. The addresses of the subscribers are in Edinburgh.

11615--Cornish Cinemas Ltd., 58 West Regent Street, Glasgow (private company), to take over the cinema businesses carried on in Truro and St Ives, Cornwall, under the names of The Palace, Truro, and the Cinema, St Ives. Capital-£6500 in £1 shares.

11616-W. J. Capes & Co. Ltd., 118 Queen Street, Glasgow (private company), to take over the business carried on by W. J. Capes, commission agent, 118 Queen Street, Glasgow, and to carry on the business of brewers, distillers, whisky merchants, wholesale and retail, aerated water manufacturers, and generally any class of business dealing with spirituous or non-spirituous liquors. Capital—£500 in £1 shares.

11617-Allan M'Kechnie & Co. Ltd., 19 West Blackhall Street, Greenock (private company), to carry on business as family and shipping butchers, poulterers, and game dealers. Capital-£7500 in £1 shares.

11618-Hugh M'Lean & Sons Ltd., 184 Crossloan Road, Govan (private company), to carry on the business of Hugh M'Lean & Son, boatbuilders and saw millers, at above address. Capital-£20,000 in £1 shares.

11619-Rosenbluth, Riddell & Co. Ltd., 377 High Street, Edinburgh (private company), to carry on the business of bookbinders, machine rulers, account book makers, cardboard manufacturers, etc. Capital-£10,000 in 8000 cumulative participating preference shares of £1 and 4000 ordinary

shares of 10s.

EDITORIAL NOTE.-The Editor will be pleased to consider Articles on Legal Subjects and will welcome any suggestions from Subscribers which will serve to make the S. L. T. more useful to the Bar or Profession.

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