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question of fair comment. New trial ordered. Dakhyl v. Labouchere, H.L. 14th March. 23 T.R. 364.

121. Action of damages for collision. Held that the owners of the vessel injured were not entitled to recover for being deprived of the use of her, as she was being run at a loss. The "Bodlewell," P.D. 4th March. 23 T.R. 356.

122. Action of damages for collision. Held that the owners of the vessel sunk were entitled to recover the sum paid by them to the Thames Conservancy for the cost of raising the wreck, but not the costs of the action by the Thames Conservancy against them, as they had not consulted the present defendants as to defending that action. The "Wallsend," P.D. 4th March. 23 T.R. 356.

123. Action to restrain defendant from permitting the pupils at her school from using the footway, and this involved the question whether pupils came under the category of " visitors." Held on the construction of the lease that they did. Thornton v. Little, K.B.D. 8th March. 23 T.R. 357.

124. Action against the officials of a trade union for damages for procuring the breach of a contract of employment between plaintiff and his masters. Held that as there was no conspiracy, and no breach of contract in dismissing plaintiff, there was no cause of action. Buckley v. Morrell and Others, C.A. 9th March.

125. Action against the former chairman and secretary of a building society for the loss sustained through an excessive mortgage fraudulently taken by them over a property in which they were interested. Held that although there was a distinction between a secretary and a director, still the secretary was liable for his own wrong. The measure of damages as against him was the difference between the loan and the value of the house at date of loan. Western Suburban and Notting Hill Building Society v. Rucklidge & Martin, Ch.D. 9th March.

126. No. 35, vol. xxii., 22 T.R. 139, affirmed. Injunction granted against the running of a printing machine all night, as a nuisance at common law, on the ground that, although the district was devoted to the printing trade, the working of the machine at night caused a serious additional disturbance to the plaintiff and his family. Polsue & Alfieri v. Rushmer, H.L. 11th March. 23 T.R. 362.

127. Under sec. 502 of the Merchant Shipping Act, 1894, and the terms of their ticket issued to the passenger, held that steamship owners were not liable to a passenger for the value of his watch and chain, &c., which he had placed in the watch pocket fixed over his berth, and which had been stolen by some one getting access through a ventilating shaft. Smitton v. The Orient Steam Navigation Co., Limited, K.B.D. 11th March. 23 T.R. 359.

128. Action of salvage. Though the value of the property salved is to be considered in the estimate of the remuneration, it must not be allowed to raise the quantum to an amount altogether out of proportion to the services actually rendered. The value of the "Bremen" was £147,204, her cargo £88,000, and her freight at risk, £3500. Held that the services rendered were sufficiently rewarded by £5000. The "Bremen," C A. 13th March.

129. Action of salvage. The Court of Appeal thought the amount awarded unreasonably small, and increased it from £1500 to £2500. The "Petunia," C.A. 13th March.

130. The defence of compulsory pilotage is not available, where, although the pilot is to blame, he did not receive the assistance he was entitled to receive from a competent captain and a competent crew keeping a good lookout. The "Tactician," C.A. 13th March. T.R. 369.

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131. Under sec. 8 of the Bankruptcy Act, 1890, the burden of proving that the bankrupt's assets could not realise ten shillings in the pound lies upon the objecting creditor. Cf. Bankruptcy and Cessio (Scotland) Act, 1881, sec. 6. In re Van Laun-ex parte the International Assets Co., Limited, C.A. 15th March. 23 T.R. 371.

132. Candidates for the post of auditor are not entitled to incur expenses under sec. 5 of the Municipal Elections Act, 1884. The Court refused to excuse one of them from the penalties imposed by the Municipal Elections (Corrupt and Illegal Practices) Act, 1882, but excused another on the ground of inadvertence. Election of Auditors for the Borough of Droitwich. Applications of Tolley & Slater, K.B.D. 15th March. 23 T.R. 372.

133. Action for damages for the breach of a warranty of the identity of a Miss M. M. Pearson, or, alternatively, on an implied contract of indemnity. Held that a stockbroker who officially identified a female as the holder of stock of which she was executing a transfer in the books of the Bank of England, although himself deceived, was bound to indemnify the bank. Bank of England v. Cutler-Bartrum, Third party, K.B.D. 15th March. 23 T.R. 374.

134. Under sec. 14 of the Mercantile Law Amendment Act, 1856, the payment of interest by one debtor upon a bill of exchange does not deprive a co-debtor of the protection afforded by the Statute of Limitations. Stanyforth v. Cecil, K.B.D. 16th March.

135. A testator must be able to appreciate the nature of the act he was performing, the property which he had to dispose of, and the claims of those which he should consider. His mind must be free from insane delusions which go towards the making of a will. But all insane delusions do not necessarily affect the making of a will. Delusions defined. Eastman v. Eastman, P.D. 16th March.

136. No. 55, vol. xxii., 22 T.R. 182, affirmed. Action by the owner of a private harbour four miles north of Carnarvon for declarator that his harbour was not within the "port of Carnarvon" in the sense of Acts passed in 1793 and 1809, and so free of the dues imposed under these Acts. (a) It is not to be expected generally that a tax will be imposed on persons who do not benefit by it; (b) there is no land adjacent to the sea but it is in one port or another; (c) the "limits of a port are narrowed by the recession of the sea, and extended by the advance of the sea, whether due to natural or artificial causes; (d) in the whole circumstances held that the plaintiff's harbour was "within the limits of the port." Assheton-Smith and Others v. Owen, H.L.

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18th March. 23 T.R. 385.

Appointments, Business Changes, &c.

PAISLEY.-Mr. Wright, writer, intimates that he has been joined in business by Mr. Crawford, who has gained his experience in the office of Messrs. Paterson & Ross, writers, Glasgow. The firm-name will be Wright & Crawford,

FACULTY OF PROCURATORS OF DUMBARTONSHIRE.-A strong effort has been made within the past year to have this Faculty put on a much better footing than it has been in the last decade, and a considerable addition has recently been made to the membership. At a meeting held in the Procurators' Room, Dumbarton, on Friday, 15th March, an entirely new constitution was adopted and new office-bearers appointed. Mr. William Craig was appointed Dean of Faculty, and Mr. J. Richardson Yeates, clerk and treasurer, while the following gentlemen, viz. :-Messrs. MacFarlan, Brown, and J. G. Buchanan, Dumbarton; John Lawrie, Glasgow; and H. H. Ormond, Helensburgh -form the Council, with the Dean and clerk as members ex officio.

RENFREWSHIRE COUNTY CLERK HONOURED-PRESENTATION TO MR. CALDWELL. Mr. James Caldwell, whose picturesque figure and dignity of manner impressed themselves upon all with whom he came in contact during his seventy-one years' service to the county of Renfrew, was, on 19th March, honoured at a meeting of distinguished county gentlemen, held in the County Hall, Paisley, when he was presented with his portrait in oils, by Sir James Guthrie, P.R.S.A., with a replica for the County Council. Lord Blythswood, as Lord-Lieutenant, presided, and in asking the County Council to accept of the portrait, he referred to the lengthened period Mr. Caldwell had served the county. During that time, he said, Mr. Caldwell's name had not only been prominent before the county of Renfrew, but had been well known all over Scotland, for he was regarded as a great authority upon county law. And not only was he esteemed for his knowledge regarding county administration, but he was also recognised as the exemplar of probity, honesty, and uprightness. Colonel King of Levernholm accepted the gift on behalf of the County Council, and said that the portrait was that of a gentleman whose services to the county formed a record that few could lay claim to. The presentation to Mr. Caldwell was made by Mr. H. E. Gordon. Mr. Caldwell made a feeling reply, and gave many interesting reminiscences that in his day had occurred in the history of the county. He referred to the changes that had taken place and to the improvements that had been carried out. He said that the prosperity of the county had gone on steadily increasing, till now it had an annual valuation of land and heritages of three-quarters of a million, notwithstanding that some years ago their neighbours enriched themselves by taking from it territories with an annual valuation of about £230,000. Not content with the sacrifice which the county then made to gratify their ambition, their neighbours were now coveting even a much larger territory; but-and he could not help expressing the belief—if justice and right prevailed, no further portion of the county of Renfrew would pass to enrich either the city of Glasgow or any other jurisdiction. Sir Charles Bine Renshaw moved a vote of thanks to Sir James Guthrie, in whose absence Mr. Whitelaw Hamilton replied; while a similar compliment to Lord Blythswood was moved by Mr. A. A. Speirs.

THE

SCOTTISH LAW REVIEW.

VOL. XXIII.

MAY, 1907.

No. 269.

THE SHERIFF COURT BILL.

WE had expected this month to be able to announce that the bill had been read a second time, but up to the moment of going to press this has not been accomplished. We understand, however, that the bill is on the paper, and that, if an opportunity cannot shortly be found for a formal second reading, that stage may be taken under the 11 o'clock rule, which applies to non-contentious measures. Meanwhile, with the view of simplifying the matter and saving the Lord Advocate the necessity of wading through suggestions from different sources (which will most likely be the same suggestions), it has been very sensibly arranged that all the critics should send their suggestions to Sheriff Fyfe, the convener of the Legislative Committee, in order that they may be tabulated before being forwarded to the Lord Advocate. A great many meetings have been held, including the Sheriffs, the SheriffsSubstitute, the Council of the Incorporated Law Society, the Sheriff-clerks, and the Parliamentary Committees of the various Faculties of Procurators. Many valuable suggestions have already been received, and Sheriff Fyfe and a subcommittee are engaged putting these in shape for the Lord Advocate's consideration. This should very much simplify the work when the bill gets into Committee, and we hope before our next issue to be able to congratulate the profession upon the bill having got through, if not all its stages, at least its most perilous stage.

COURT OF SESSION REFORM-THE NEW ACT OF

SEDERUNT.

As noted in these pages last month, an important Act of Sederunt was passed by the Lords of Council and Session on 20th March, being the last day of the winter session. By virtue of the powers conferred by sec. 106 of the Court of

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Session Act, 1868, the Lords may from time to time make such Acts as are deemed necessary for regulating procedure, and now, after the lapse of nearly forty years, during which period anomalies and absurdities in practice have been suffered, the welcome news comes to us that an earnest attempt has been made to put procedure in the Court of Session on a sound and workable basis. The Act of Sederunt recently passed must, of course, lie on the table of both Houses of Parliament for thirty-six days, but it is not likely any objections to its provisions will be raised. Perhaps the most important feature of the new Act is the introduction of a third appellate Court, consisting of three of the present judges, who shall be appointed by Act of Sederunt and who, as occasion arises, shall dispose of such Inner House causes as will be remitted to them from the two existing Divisions. When we contemplate the fact that at the present moment there are standing in the rolls of the First and Second Divisions altogether 246 causes awaiting disposal, and that to that number we must add about 70 new actions brought into the Divisions during the vacation, it will be readily seen that, to put an end to congestion, the introduction of the Third Division is a step in the right direction. Another notable feature of the Act is the provision of a new and sensible form of summons of reduction which is devoid of rigmarole or redundancy, and the poor law-apprentice will no longer have to worry his brains over the problem as to how a deed may be "reduced, retreated, rescinded, cassed, annulled, decerned, and declared" void, &c. The roundabout method of carrying through a proving the tenor action has also received due attention, and in place of the "great avizandum" being made to the Inner House by the Lord Ordinary before whom the cause is initiated, the latter judge is now entrusted with the disposal of the whole action. No alteration has been made in the cumbrous process of division of commonty, but actions of the sort are rare and we can afford to cherish the old procedure as a relic of past forms. When we come next to consider the drastic changes introduced towards putting a stop to the misuse of trial by jury, we find that the scandalous state of matters hitherto existing has been duly noticed, and that if the Court has in the future to be pestered by specialists in blackmailing actions, the game will not be made worth their while through their expenses, in the event of success, being docked. Where a verdict for less than £50 is returned in favour of a pursuer by way of damages for personal injuries, it is declared that only one-half expenses shall follow that verdict unless the presiding judge shall certify that pursuer shall be entitled to

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