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(b) If the weekly payment is awarded by the Court, the application may be made at or immediately after the hearing of the application.
(c) The application may also be made to the Sheriff after notice in writing has been served on the other party or his agent three days at least before the hearing of the application by the Sheriff.
(d) Where any weekly payment is ordered to be paid into Court, the sums paid in shall be paid out by the sheriff-clerk or otherwise applied for the benefit of the person entitled thereto in such manner as the Sheriff shall direct.
21. The forms appended to C.A.S., Book L, Chapter xiii., are to be held as the forms appended to this Act.
22. Definitions.-In the Act of Sederunt
And the Lords appoint this Act to be inserted in the Books of Sederunt, and to
ACT OF SEDERUNT AMENDING ACT OF SEDERUNT REGULATING FEES PAYABLE IN THE SHERIFF COURTS OF SCOTLAND, ETC., DATED 22ND FEBRUARY 1922. [Edinburgh, 21st December 1923.]
THE Lords of Council and Session, in pursuance of the power vested in them by section 25 of the Workmen's Compensation Act, 1923, do hereby declare and enact that in Part II. of A-Sheriff Court Proceedings of the Table of Fees annexed to the foresaid Act of Sederunt the section applicable to the Workmen's Compensation Act is hereby repealed, and in lieu thereof there shall be inserted in the said Act of Sederunt the following :-
66 WORKMEN'S COMPENSATION ACTS.
"20. Application for reference to a medical referee
20A. Fee to be prescribed by Secretary of State to cover
"21. Application for revision of an award or recorded memo
22. Investment—at rate of 2 per cent. on the sum invested
£0 5 0
0 10 0
and that section 3 of the said Act of Sederunt be altered and amended by inserting the words or the recording of an agreement" after the word "award "in the fourth line of the second paragraph of said section 3.
And the Lords appoint this Act to be inserted in the Books of Sederunt, and to be printed and published in common form. J. A. CLYDE, I.P.D.
MR J. M'LAREN SMALL, solicitor and notary, having acquired the practice of Mr John H. Horn, solicitor, Stonehaven, is now carrying on the same under the firm name of Horn & Small, solicitors and notaries, at 69 Barclay Street, Stonehaven.
Mr Small carried on business at Stornoway for a number of years.
MR GEORGE W. TAIT, S.S.C. and N.P., 34 Leith Walk, Edinburgh, intimates that he has assumed his two sons, Mr George James Tait,
B.L., S.S.C., and Mr James Sutherland Tait,
ADJOURNMENT OF COURT. Edinburgh, 8th January 1924. - The Lords of Council and Session, under authority of the 4th section of the Court of Session Act, 1868, resolve to adjourn the Court from Saturday the 9th to and including Saturday the 16th February next. J. A. CLYDE, I.P.D.
SIR ARCHIBALD CRAIG, LL.B., J.P.,
Members of the profession who are acquainted with Mr Craig's numerous activities will heartily congratulate him on the honour of knighthood recently conferred on him.
Sir Archibald Craig, the senior partner of the firm of Scott, Craig & Brown, is a lawyer well known in Glasgow and by no means unknown in Edinburgh. He was born at Barrhead and received his early education at the High School and University of Glasgow. His association with the University did not cease with the completion of his education, and for over thirty-five years he has been clerk to the General Council. He is a member of the Merchants' House, a member of the Livery of the Worshipful Company of Plumbers, a Freeman of the City of London, and Dean of the Glasgow Consular Corps. First as treasurer of the Glasgow Centre of the Franco-Scottish Society and then as secretary, Sir Archibald Craig has devoted much time and enthusiasm to the promotion and maintenance of friendly relations with the French people. In recognition of this service the French Government conferred on him the Médaille de la Reconnaissance Française and the honour of Officer de l'Instruction Publique. In the political world he has long worked zealously for the Unionist cause in Glasgow and the West of Scotland. During both Mr Bonar Law's contests for the Central Division of Glasgow he was chairman of the election committee, and at present holds the positions of convener of the Western Divisional Council of the Scottish Unionist Association and vice-chairman of the Glasgow Unionist Association.
It is officially announced that Orders in Council have been issued extending the Maintenance Orders (Facilities for Enforcement) Act, 1920, to the Overseas Territories named below. The Act provides for the enforcement in England and Ireland of maintenance orders made by a Court in any part of His Majesty's Dominions outside the United Kingdom or in any British Protectorate to which it extends, and the Legislatures of the undermentioned Territories, to which it has now been extended, have made reciprocal provisions for the enforcement therein of maintenance orders made by Courts in England and Ireland:
Union of South Africa (as from 1st November
in Council is confined to England and Northern
Government of that State.
EXTRA NORTH CIRCUIT.-The Hon. Lord
Hunter and the Hon. Lord Blackburn. Dundee,
MR WILLIAM A. BOYES, Perth Burgh Prosecutor and Depute Procurator-Fiscal for Perthshire, has died at his residence at Bellwood Park, Barnhill, Perth. Mr Boyes, who was a native of Stanley, was about seventy-five years of age, and was appointed Burgh Prosecutor in 1894. He served his apprenticeship with the late Mr Melville Jamieson, solicitor and Procurator-Fiscal for the county.
MR J. E. GROSSET, LL.B., solicitor, Cupar, died at his residence, Edenpark, Cupar, recently. He was the second son of the late Mr William Grosset, paper manufacturer, Leven. After graduating at St Andrews, he went to Cupar in 1886, having acquired the legal business of the late Mr W. R. Renton, who had then been appointed Procurator-Fiscal for the county of Fife. In 1893 Mr Grosset was assumed a partner by the late Mr W. M. Johnstone in the firm of Drummond, Johnstone & Grosset, writers, Cupar. Mr Johnstone retired from the Cupar agency of the National Bank of Scotland in 1896, and Mr Grosset then succeeded him in that office. He later took into partnership his brother, Mr A. E. Grosset, who survives him, and who became joint-agent in the bank with him. Mr Grosset's abilities in Court work were widely known, and he was engaged in many important cases. He was recognised as an authority on Church law, and frequently appeared before the Courts of the Church of Scotland. As an educationist, Mr Grosset was considered one of the leading men in Fife. He served for the first three years of its life on the Fife Education Authority. Previously he had been a member of Cupar School Board, and for twenty years was a member of the Cupar
The operation of the above-mentioned Orders Education Trust, holding the office of chairman
of Governors of the Bell-Baxter School since 1916. He was also Dean of the Faculty of Procurators. He was a man of wide knowledge and great generosity. He was about sixty-two years of age, and was unmarried.
SIXTY YEARS AT PARLIAMENT HOUSE.-The death occurred suddenly on 18th December of Mr Robert Hamilton, bar officer at Parliament House. Mr Hamilton, who was born in 1837, entered the employment of the Faculty of Advocates on 15th June 1863, in the Deanship of James Moncreiff. In 1877 he became bar officer, and in that capacity he served under eighteen Deans of Faculty, and was contemporary with nineteen Lords Advocate and twenty-six Solicitors-General. Of those members who belonged to the Faculty when he entered its service, Lord Trayner is the only survivor. Mr Hamilton was for forty-three years a member of the Edinburgh Choral Union; he was precentor of the Parish Churches of Newhaven, Dean, Tolbooth, and Craiglockhart, and from 1870 he led the singing in the General Assembly of the Church of Scotland. Mr Hamilton, who resided at 5 Hailes Street, Edinburgh, was in attendance at the Court of Session till a week before his death, and
appeared to be in his usual health.
It is with much regret that we record the recent death of Mr J. W. Brodie-Innes, advocate and barrister. A portrait biography will be published in our next issue.
-MERCHANDISE MARKS ACT, 1887 (50 & 51 VICT. CAP. 28), SECTIONS 2 AND 3-ANGLO-PORTUGUESE COMMERCIAL TREATY ACT, 1914 (5 GEO. V.
CAP. 1), SECTION 1-ANGLO-PORTUGUESE COMMERCIAL TREATY ACT, 1916 (6 & 7 GEO. V. 1923 the respondent sold a quart bottle of red CAP. 39), SECTION 1 (1).-Upon 9th January Spanish wine known as "Tarragona," the bottle It being labelled "Tarragona Port." was claimed by the appellant that these words constituted a false trade description. Held that the provisions of the Anglo-Portuguese Treaty Acts had been contravened, as by these Acts it was provided that the description "port applied to any wine or other liquor other than wine the produce of Portugal should be deemed to be a false trade description within the meaning of the Merchandise Marks Act, 1887.K.B. Div. (Lord Hewart C.J., Sankey and Salter, JJ.). 19th October 1923.
DECISIONS IN THE ENGLISH COURTS.
Jackson v. Jackson.
HUSBAND AND WIFE-DIVORCE-RESTITUTION OF CONJUGAL RIGHTS—NULLITY SUIT BROUGHT BY HUSBAND DISMISSED-WIFE THEREAFTER EXPRESSING HER WILLINGNESS TO RETURN TO HER HUSBAND AND FILING PETITION FOR RESTI
HUSBAND AND WIFE-DESERTION-HUSBAND TUTION.-The respondent in this case admitted REFUSING MARITAL INTERCOURSE-SUMMARY
JURISDICTION (MARRIED WOMEN) ACT, 1895 (58 & 59 VICT. CAP. 39), SECTION 4.-The appellant had been found guilty by the Burnley justices under the Summary Jurisdiction (Married Women) Act, 1895, section 4, of deserting his wife and had been ordered to pay her maintenance at the rate of £1 a week. It had been proved that he had for some time previously occupied a separate bedroom and abstained from sexual intercourse. The parties had been living in the same house, and the husband had been supporting his wife. The case was adjourned by the justices to allow the husband an opportunity of resuming marital relations. Thereafter, as marital relations had not been resumed, they found the appellant
that he had ceased to live with his wife, and averred that she had by her refusal to allow the marriage to be consummated made it He had impossible for him to live with her. previously filed a petition for nullity on the ground of her incapacity, but the petition had been dismissed. Held that if it was to be believed that the petitioner was resorting to the Court without any readiness to return to cohabitation with her husband, the petition would have been dismissed, but on a review of the facts there appeared to have been no such wilful refusal of marital intercourse by the wife as to warrant her husband's desertion, and decree for restitution of conjugal rights granted. -Prob., Div., and Adm. Div. (Sir Henry Duke P.).--30th October 1923.
SHIP COLLISION-DUTY OF A STEAMSHIP WHEN TURNING IN A RIVER AFTER GIVING A TURNING SIGNAL-HUMBER BYE-LAWS, 1910HUMBER RULES, 1910, RULE 14.-On 25th January 1923 the screw-tug" Salvage," 80 feet in length, with eight keels in tow, was in the Bell Mouth entrance of the Alexandra Dock, Hull, bound out and down the river. The keels were in four ranks, the Pioneer being the first keel in the port string. The length of the whole flotilla was about 470 feet. The
has at least this advantage, that it enables the
The Practice and Law of Income Tax and Super-
Every fresh attempt to solve the riddles pro"Australmead," 370 feet long, in charge of a vided by the income tax legislation provokes pilot with a head tug attached was bound for afresh the anger of the lawyer and the taxAlexandra Dock. She had come up river, and, payer at the needless complexity and obscurity the dock signals being against her, had given the for which this class of statute is now notorious. port helm turning signal in accordance with Many of those who require to penetrate the Rule 14 of the Humber Rules, and had begun mysteries have been accustomed to take Mr to turn, intending to get head to tide and wait. Sanders' work as their guide; and all these will The " Salvage" and her keels went across the be pleased to have his book in a new and revised Bell Mouth under port helm to an up river edition. The outstanding changes are, naturcourse, assuming that the "Australmead" ally, the omission of the chapters dealing with would continue turning. The "Australmead" the Excess Profits Duty, and the inclusion of came ahead, and colliding with the "Pioneer "" Corporation Profits Tax. sank her. Held that the "Australmead was to blame for the collision as the vessel giving a turning signal was not entitled to hold up all the traffic the signal imposed a duty on other vessels to keep out of the turning vessel's way, but it imported a correlative duty upon the turning vessel to turn round-not merely to put herself athwart the stream and so continue -and to turn in a proper way, using no more water than was reasonably necessary for the purpose. Prob., Div., and Adm. Div. (Hill J.). -31st October 1923.
The Criminal Evidence Act, 1898. By N. W. Sibley, Barrister-at-Law, and J. A. HowardWatson, Solicitor of the Supreme Court. 1923. London: Effingham Wilson. Price 10s.
The importance of modern statutory changes in the law of criminal evidence has perhaps hardly yet been fully appreciated in the legal profession. The admission of evidence of an accused person, and, in certain circumstances, of his wife, marked a drastic change both in theory and in practice. This little volume will be found to give an admirable series of notes and comments on the statute. It may seem strange to write a commentary on an Act already twenty-five years old; but the delay
CURRENT LAW LITERATURE.
Journal of Comparative Legislation and International
Price 6s. net.
Copyright Cases, 1922-3. By E. G. Macgillivray, of
Beal's Cardinal Rules of Legal Interpretation.
Price 3s. net.
The Constitution of the German Republic. By
THE LATE MR JOHN WILLIAM BRODIE-
ADVOCATE AND BARRISTER-AT-LAW.
We record with much regret the death of Mr J. W. Brodie-Innes at his historical home, Milton Brodie.
Mr Brodie-Innes was born in 1848 at Downe in Kent. His father, the Rev. John BrodieInnes, though a Scotsman and proprietor of the estate of Milton Brodie, was Vicar of Downe, where he had as near neighbours and intimate friends Charles Darwin and Lord Avebury. After
a school career at Bradfield, near Reading, and two sessions at the University Bonn, Mr BrodieInnes entered at St John's College, Cambridge, where he graduated B.A. (Mathematical Tripos) in 1871 and LL.M. (Law Tripos) in 1872. This, however, by. no means ended his legal studies, for he took first place in Medical Jurisprudence at
in England and Scotland, his career being somewhat unique in this respect. For some years he gave Edinburgh the preference, but in later years was mainly occupied at the English Bar, where, however, he was frequently consulted on questions involving Scots law.
In the case of so versatile a genius as Mr Brodie-Innes, it is difficult to decide which of his numerous spheres of activity should be assigned first place. Even he himself might have been at a loss to say in which of his
he found most pride and pleasure. Probably he would put novel-writing first. Though his career as a writer of fiction began in 1890 with a story called "The Old House in the Canongate," it was only in 1908 that he burst forth into full activity as a novelist. Since then, "Morag and Seal," "Old as the World," and "For the Soul of a Witch," followed each other in rapid succession, and, lastly, "The www.Devil's Mistress was possibly his best; he certainly
London, in 1887, and first prize in Scots Law | preferred it himself. To all those who love an
at Edinburgh University in 1888.
exciting and bewildering theme with a dash of the supernatural thrown in, Mr Brodie - Innes offered attractive mental fare.
He was called to the English Bar, Lincoln's Inn, in 1878, and was admitted as a Scots advocate in 1888. He firmly established But if a lover of fiction, he also studied more himself as an authority in cases involving serious subjects. He specially devoted himself distinctions between English and Scottish legal to the study of ecclesiastical law, in particular principles and legal procedure. He specialised the canon law, and for many years he was in that department and wrote an elaborate Chancellor of the Diocese of Argyll and the and accurate treatise on Comparative Prin- Isles. In 1892 he published a volume on ciples of the Laws of England and Scotland."" The True Church of Christ," the orthodoxy He also wrote the section on "The Commercial of which has been suspected on account of its Law of Scotland" for the "Encyclopædia of being issued by the Theosophical Publishing the Commercial Laws of the World." He Company. successfully carried on practice simultaneously
'As a lecturer," says Isabel Cameron in