of Acton J. Then, on the last day of last term (31st July), in an appeal from the Bloomsbury County Court (Gidden v. Mills, [1925] W.N. 218), judgment was delivered by Salter J. and Greer J. directly contradicting the previous decisions of the Divisional Court and of the Court of Appeal of Northern Ireland. The grounds given by the learned judges for this decision is that "the obstacle to the making of an order for possession did not arise out of the defendant's rights, but out of the privileged position of the person in actual possession. The explanation of this state of contradiction must be that neither of the two earlier cases was ever brought to the notice of the learned judges. Neither case is referred to in their judgment. The lists for this term shew a decline in almost every form of action. Since Michaelmas 1924 cases in the Chancery Division are down from 530 to 381; in the Probate, Divorce, and Admiralty Division from 957 to 714; and in the King's Bench Division from 1385 to 1204. At the same time it should be noted that in the jury list of the King's Bench Division, cases set down in the early part of March are not yet reached, and in the non-jury list matters are pretty much the same. SOCIETY OF PROCURATORS OF The annual general meeting of the Society of Procurators of Midlothian was held on 30th October 1925, when the following officebearers were appointed: President Mr George Dunlop; Vice-President-Mr Rutherford Fortune; Treasurer-Mr R. D. C. M'Kechnie; Librarian-Mr Lindsay C. Steele; Secretary and Fiscal Mr Peter Clark; Members of Council -Mr A. Constable, Mr T. J. Connolly, Mr William Brotherston, Mr W. C. Kerr, and Mr Andrew A. Gibb. The full report of the Council was submitted as follows: Since the last special general meeting of the Society, which was held on 6th March 1925, your Council have dealt with the following matters: Re Preparation of Corporation Mortgages under Small Dwellings Acquisition Acts.-The following questions were considered: (1) As to whether the town-clerk should be approached as to the agent for the purchaser taking up the making or drawing of bonds;. and (2) the question as to whether the town be approached as to increasing the interest on bonds from 4 per cent. to 5 per cent. Both questions were discussed, and the secretary was instructed to write to the town-clerk supporting a letter which Mr Fortune had written to the town-clerk with the terms he proposed in connection with a purchase for a client, and it was decided under question (2) to take no action. Criminal Appeal Court.-Regarding the resolution passed at the last special meeting of the Society, the secretary sent a copy of that resolution to the secretary of the committee dealing with the matter, and received an acknowledgment. Housing Acts Rents Restrictions.-The secretary duly forwarded a copy of the resolution passed at the last general meeting of the Society to all the gentlemen named therein, and received replies from them all acknowledging receipt. Sasine Office.-Mr Fortune submitted a report to a meeting of Council shewing that the improvement in the earlier return of recorded deeds had been maintained and that the minute book for Edinburgh is also well up to date, but stated that the only unsatisfactory feature is the increased cost in running the Register House; and Mr Fortune and the secretary saw Sir James Adam, K. and L.T.R., on the question as to whether or not it was possible to get a reduction in the fees on recorded deeds. Sir James Adam promised to give the matter his support. Discipline of Law Agents.-At a meeting of the Council the secretary was instructed to write to Mr James Kidd, M.P., and Mr W. Graham, M.P., suggesting that the Bill hereon puts too much responsibility on one person, namely, the Lord President; and that the Bill should contain a clause stating that the Lord President should appoint the Committee on Discipline from the nominees of the various legal societies in Scotland. The secretary received a reply from Mr Kidd stating that he had discussed this matter with Mr M'Intyre and Dr Drummond Shiels, and that they were all of opinion that to have nominations by one society would involve freedom of nomination to all, including county faculties. Since then, as you are aware, the Bill has been dropped. Royal Infirmary Doctors' Reports.—Mr Sterling Craig, S.S.C., raised the question whether or not it would be possible to get reports from infirmary doctors without payment of a fee, and the secretary was instructed to ascertain from the Glasgow Society what their practice was, and he was informed that the usual fee was £1, 1s.; and it was agreed by the Council to do nothing further in the matter. Poor Law Agency.-The Glasgow Law Society suggested that your Society should act along with the Juridical Society of Glasgow and the Scots Law Society, Edinburgh, in endeavouring to procure a reformation herein, but it was agreed to do nothing in the matter. Untried Prisoners-Whether they should be brought into Edinburgh the Day before Plea is taken. Mr Lindsay C. Steele raised.this question and the secretary wrote to the Prison Commissioners, and in reply received a letter stating that it was impossible to arrange for untried prisoners being brought to the Central Police Station, Edinburgh, the day before the plea is to be taken under the 31st section of the Criminal Procedure Act, 1887. Lawyers as Bankers.-A letter was received from the Scottish Bankers' Association, Glasgow, complaining of lawyers being appointed bank agents, and asking the co-operation of your Society to bring to an end the present system of appointment of law agents as bankers. After discussion it was agreed that the Council cannot see their way to interfere in the matter. Departmental Committee on Messengers-atArms and Sheriff Officers (Scotland). The committee hereon was resuscitated for the purpose of enquiring further into the position, and a memorandum relating to the extended enquiry was produced. The matter was remitted to Mr Bryson and Mr Connolly to be dealt with, with powers to answer the queries in said memorandum. These two gentlemen have answered the queries in said memorandum. Sheriff Court Records.-A request from the secretary to the Committee on Sheriff Court Records was received, asking whether this Society desires to express its views before the Committee, and if so, to send the name of one representative whom the Society may select to give evidence before the Committee. The Council, however, did not know of anyone sufficiently versed in the matter to give evidence. Mulvenna v. The Admiralty-Question as to Arrestability of a Government Servant's Wages. As you are aware, this case was decided in favour of the Admiralty, and it was decided to make an appeal against the interlocutor of Lord Constable in the case. A reclaiming note accordingly was lodged, and it was also arranged to endeavour to get Mrs Mulvenna placed on the Poor's Roll. Mrs Mulvenna has since been admitted to the Poor's Roll, but the reclaiming note has not yet been heard. The case is at present before the Second Division. AMONGST the list of recent passes for the LL.B. degree we observe that Mr William Miller, H.M. Inspector of Taxes in Edinburgh, has now completed his LL.B. degree. NEW DEPUTE-CLERK OF SESSION. THE King has been pleased, on the recommendation of the Secretary for Scotland, to approve the appointment of Mr William Harris Ford, at present Keeper of the Rolls in the First Division of the Court of Session, to be DeputeClerk of Session in the Inner House, in place of Mr John Paton, resigned. Mr Ford, who is a native of Forfarshire, served his law apprenticeship with the late Mr Inglis, of Messrs Inglis, Orr & Bruce, W.S., Edinburgh, and duly qualified as a law agent. In 1903 he received an appointment in the Crown Office, transferring in 1909 to the Lord Advocate's Department in London. In 1913, when Lord Strathclyde succeeded Lord Dunedin as Lord President of the Court of Session, Mr Ford became his clerk and Keeper of the Rolls, and he has continued to act in the same capacity under Lord President Clyde. Mr Ford's industry and courtesy are well known to those whose business takes them to Parliament House, and all will join in wishing him the success in his new office which his merits surely deserve. LAW AGENTS' EXAMINATIONS. The quarterly Examination in Law was held by the Examiners of Law Agents in Edinburgh last week, when 30 candidates presented themselves for examination. Of these 18 were examined in all the subjects and 12 passed ; and 12 graduates in law holding the degree of LL.B. or B.L. of the Scottish Universities were examined in Court Procedure and 11 passed. The following are the successful candidates, viz.: Norman James Campbell, Kilmarnock; David Gordon Cochran, B.A., LL.B., Aberdeen; Edwin James Cormack, Bucksburn, Aberdeenshire; Thomas Colin Donald, B.Sc., B.L., Glasgow; George Donaldson, M.A., LL.B., Glasgow; William Lovat Fraser, Tranent; Ian Sands Galbraith, B.L., Glasgow; Robert Angus Galloway, B.Sc., Edinburgh; Fergus Dunnet Halcrow, Edinburgh; Francis Sinclair Johnston, Edinburgh; John Graham Kerr, M.A., LL.B., Port Glasgow; Alastair Greenlees MacKelvie, Edinburgh; Alexander Lawrence Mackie, Aberdeen; William Ross M'Lean, M.A., LL.B., Glasgow; Alexander M'Letchie, M.A., LL.B., Glasgow; Margaret Barr Bryson Mitchell, M.A., LL.B., Glasgow; George Moodie, Edinburgh; Francis Walter Oakley, M.A., LL.B., Edinburgh; Bella Hay Patrick, Anstruther Wester; Thomas Cunning Birch Despite the heavy burden of official duties, Mr Miller graduated M.A. in 1923 and LL.B. in 1925, and is, we understand, the only In-ham Shanks, Alloa; Andrew Sneddon Bennie spector of Taxes in Scotland who has the latter degree at the present moment. Stewart, M.A., LL.B., Glasgow; Ludovic Mair Stuart, B.L., Glasgow; Jean Vetch, Edinburgh. A COURT OF CRIMINAL APPEAL FOR SCOTLAND. THE LATE SHERIFF MACLEOD. The Right Hon. Lord Alness, Lord JusticeMr Hector Macleod, advocate, a former Clerk, delivered the inaugural address for the Sheriff-Substitute of the Lothians and Peebles, session 1925-26 of the Scots Law Society in has died at Bournemouth. Mr Macleod retired the Constitutional Law and History Classroom, from his legal duties in 1923, and at that time Edinburgh University, on Monday evening last went to live at Jersey, later taking up residence-Mr J. C. Fenton, K.C., presiding over a large at Bournemouth. He was in his seventy-third year. For many years Mr Macleod was a wellknown and popular personality at Edinburgh Sheriff Court. A native of Inverness, Mr Macleod received his early education at the Academy and High School there. Later he studied at the High School in Edinburgh, and graduated Master of Arts at Edinburgh University. He was admitted to the Faculty of Advocates in 1878, and two years later took up an appointment as Puisne Judge of the Gold Coast Colony. In 1888 he was compelled for health reasons to return to Scotland. For some time he took a prominent part in Unionist politics, until he was appointed Sheriff of Linlithgow, later becoming Sheriff-Substitute at Edinburgh, in connection with which he also undertook the Haddington Circuit. Mr Macleod leaves a widow, a daughter, and a son who is in the Indian Civil Service. attendance. Lord Alness, whose subject was A Court of Criminal Appeal for Scotland," gave a most interesting discourse on this question, which is A full at present very much in the public eye. report has appeared in the daily papers, and it is hoped that his Lordship's criticisms and suggestions will accelerate a solution of this difficult problem. MESSRS HUGH MITCHELL, F.S.A.(Scot.), Pitlochry, and Mr John B. Miller, Blairgowrie, two well-known Perthshire solicitors, have been honoured by the Society of Procurators and Solicitors of the City and County of Perth on the attainment of their professional jubilee, and presented with beautiful illuminated addresses. Ex-Lord Provost Macnab, president, who presided at the meeting of the Society, held in the Library, County Buildings, Perth, made the presentations. The occasion, he said, was a unique one, and he believed he was right in saying that that was the first time in the history of the Society on which such a presentation to members had taken place. In the past GLASGOW WINTER CIRCUIT, 1925.-Monday, 21st December 1925, at eleven o'clock. Plead-only four other members of the Society had ing Diet-Friday, 11th December 1925. Service -Friday, 4th December 1925. The Right Hon. the Lord Justice-Clerk and the Right Hon. Lord Murray. Alexander Maitland, Esq., AdvocateDepute; Messrs Alexander Rae and V. S. M. Marshall, Clerks. HIGH COURT OF JUSTICIARY, ABERDEEN. (Special Sitting.) Aberdeen-Tuesday, 24th November 1925, at half-past ten o'clock. Pleading Diet Saturday, 14th November. Service-Saturday, 7th November. The Hon. Lord Anderson. Lord Kinross, AdvocateDepute; Alexander Rae, Esq., Clerk. HIGH COURT OF JUSTICIARY, STIRLING. (Special Sitting.) Stirling - Monday, 7th December 1925, at eleven o'clock. Pleading Diet-Friday, 27th November. Service Friday, 20th November. The Right Hon. Lord Murray. Alexander Maitland, Esq., AdvocateDepute; Alexander Rae, Esq., Clerk. FACULTY OF ADVOCATES.-Mr William Ewart Dodds, B.A.(Oxford), LL.B.(Glasgow), and Mr Hector M'Kechnie, B.A.(Oxford), LL.B.(Glasgow), were admitted to the Faculty of Advocates on 6th November. attained their jubilee, these being Mr A. G. Reid, Auchterarder; Mr John M. Miller, Perth; Mr Melville Jamieson, Perth; and Mr John Thomas, Perth. It was only fitting that the Society should recognise the legal attainments and unqualified success and high position in the profession attained by Mr Mitchell and Mr Miller. T. C. YOUNG, writer, 103 Bath Street, Glasgow, has assumed as a partner his son, T. C. Young, jun., B.A., LL.B.(Cantab.). The firm name is T. C. Young & Son. THE death is announced of Mr David Wardlaw Brown Tait, W.S., Kelso. Mr Tait was a son of the late Mr James Tait, W.S., Langrigg, Berwickshire, and Edenside, Kelso. For many years he was associated with his father in business and in the agency of the National Bank. Mr Tait, who also succeeded his father as Baron Bailie of Kelso, had carried on since his father's death an extensive law business and bank agency. In addition to having a seat for some time on Kelso Town Council, he held numerous important appointments locally. He was clerk of the Kelso District Committee of the County Council since its formation, secretary of the United Border Hunt Steeplechase and the for which the author deserves the thanks both Duke of Buccleuch's Hunt, and of the River of the lawyer and the historian. Tweed Commissioners. Mr Tait also acted as secretary of the Kelso Golf Club and the Union Poorhouse Committee. He was also connected with the Kelso Library, and took great interest in all sports and pastimes in the district. The deceased gentleman was unmarried. DECISIONS IN THE ENGLISH Barnard v. Evans. JUSTICIARY-STATUTORY A Treatise on Private International Law, with Within six years of the publication of the sixth edition it has been thought necessary to produce another edition of Professor Westlake's well-known work on International Private Law. In that short period a considerable OFFENCE—PROTEC- body of new case law has appeared in the TION OF ANIMALS ACT, 1911 (1 & 2 GEO. V. CAP. English law reports, as well as several im27), SECTION 1-CRUEL ILL-TREATMENT-SHOOT-portant authoritative decisions of the House of ING A DOG.-A labourer, seeing a dog in a field Lords and the Judicial Committee. It would belonging to his employer, shot at and wounded have been interesting to have the criticisms it. The justices found (1) that he intended to of Professor Westlake on some of these recent kill it, (2) that substantial suffering was caused decisions, for he was much less an exponent to the dog, and (3) that it was not necessary to of the law as declared by the Courts than use a shot-gun to drive the animal out of the a philosophical jurist, whose aim was to field. Held that the labourer ought to be expound what the law ought to be, and for convicted. K.B. Div. (Lord Hewart C.J., and whom there was no special sanctity about a Avory and Shearman JJ.).-28th July 1925. bad judgment of a Court. It will always be as (Cf. Jack v. Campbell, 8 R. (J.) 1, and Protection a critic rather than an expositor that Westlake of Animals (Scotland) Act, 1912 (2 & 3 Geo. V. is entitled to his reputation; and unfortunately cap. 14).) that element in this book diminishes with the issue of succeeding editions. This book is something more than a students' text-book for accountants. It contains a discussion of the problems of municipal finance which warrants us in recommending it to all Local Government officials concerned with the financing of Local Government. The scholarly work which has been done in recent years in the study and elucidation of early English law redounds to the credit of the profession and the universities. In connection with the important topic of the Year Books Dr Bolland has already made a unique position A for himself. Those curious beginnings in the art of law reporting have derived from him a meaning and interest even for those who are not qualified to study the originals. But in this volume Dr Bolland undertakes to help the student not only to understand the content, but to master the manuscript of the Year Book. Selected facsimile reproductions of the manuscript, with transcriptions and explanations, help the reader to commence the study of the original sources for himself; and the author's account of the origin and history of the Year Books is a contribution to historical scholarship Popular Handbook of the Law of Bankruptcy This popular exposition of the Scottish law of bankruptcy has won its way to the approbation of students by its clearness and simplicity of style. A subject full of intricacy and technicality has been rendered plain to the many students of accountancy and banking, as well as to many commercial men. In its new edition, in which the legal authorities are somewhat more fully cited, it is sure of an equal welcome. ACT OF SEDERUNT FOR REGULATING THE PROCEDURE RELATING TO THE PREPARATION, ISSUING, ADJUSTMENT, and CUSTODY OF TEIND ROLLS UNDER THE CHURCH OF SCOTLAND (PROPERTY AND ENDOWMENTS) ACT, 1925. [Edinburgh, 28th October 1925.] THE Lords of Council and Session, in pursuance of the powers vested in them by the Act of Parliament 15 & 16 Geo. V., c. 33, entitled "An Act to amend the law relating to Teinds and to the Stipends of Ministers of the Church of Scotland and the tenure of the Property and Endowments of that Church, and for purposes connected therewith," Enact and Declare as follows, viz. :— 1. A teind roll of a parish shall be prepared on application to the Court of Teinds by Petition at the instance of the Church of Scotland General Trustees. 2. The Petition may be presented at any time after the date of standardisation of the stipend of the parish provided that: (a) a final decree of locality following upon any application for an augmentation of stipend under section 10 of the foresaid Act has been pronounced; or (b) the time within which proceedings under section 10 (2) of the foresaid Act may be taken has expired; or (c) the General Trustees state in the Petition that it is not intended to make any application under section 10 of the foresaid Act. 3. The Petition may be in the form of the Schedule hereto annexed. 4. All Petitions shall be enrolled in the Teind Motion Roll of the Lord Ordinary for an order for intimation. It shall be sufficient intimation to all parties concerned that a copy of the Petition be affixed to the most patent door of the church of the parish to which the application applies on two successive Sundays before the diet of public worship on each of these days, and a notice intimating the Petition be inserted in the Scotsman newspaper, and in a newspaper circulating in the county in which the parish referred to in said notice is situated, once a week for two successive weeks in each of such newspapers, provided always that the Lord Ordinary may make such other or further order regarding intimation as he may consider to be necessary or expedient in the circumstances of the case. 5. After the period of intimation ordered by the Lord Ordinary has expired, the Petition may be enrolled for an order as follows, viz. : (a) If a state of teinds has been lodged with the Clerk of Teinds by the titulars or heritors, for a remit to the Clerk to prepare a teind roll. (b) If no state of teinds has been so lodged (and unless an application under paragraph 6 hereof shall be granted), for an order on the heritors to meet and choose a common agent, and to lodge a state of teinds within a time to be specified in such order, and upon such state of teinds being lodged for a remit to the Clerk to prepare a teind roll. 6. On enrolment under paragraph 5 hereof, the petitioners or any heritor or titular may apply by motion to dispense with the appointment of a common agent and also (if the circumstances justify that course) with the preparation and lodging by the heritors of a state of teinds. 7. In any case in which application is made to dispense with the appointment by the heritors of a common agent the Lord Ordinary may by interlocutor make such orders with regard to the conduct of the process as he may think just and expedient, and may require as a condition of granting the application that the party applying shall make such provision as to the Court may appear just and sufficient for the payment of the fee fund dues, including the expense of preparing the teind roll. 8. In any case in which the preparation and lodging of a state of teinds by the heritors is dispensed with, the Lord Ordinary shall remit to the Clerk of Teinds to prepare and lodge a teind roll according to the state of the teinds as disclosed in the last locality process. 9. The procedure for the appointment of a common agent shall be the same mutatis mutandis as for the appointment of a common agent in a process of locality. 10. After the teind roll has been prepared the clerk shall print and report the same to the Lord Ordinary, who shall take the roll into consideration and shall make such order as he shall think fit with respect to intimation of the roll by advertisement or on the church door or otherwise (including where necessary an order on the |