not bound to accept the statements in the paper as sufficient to rebut the prima facie evidence in support of the objection. Douglas v. Smith, C.A. 14th June. 23 T.R. 612.

247. In a case of encroachment upon property, (1) if the injury to the plaintiff's legal rights is small; (2) and is one which is capable of being estimated in money; (3) and is one which can be adequately compensated by a small money payment; (4) and the case is one in which it would be oppressive to the defendant to grant an injunction, then damages in substitution for an injunction may be given. Riley v. Corporation of Halifax, Ch.D. 15th June. 23 T.R. 613.

248. Trustees in breach of trust conveyed part of the trust estate to a third person ex facie absolutely but really in security of money which they owed him. He conveyed to a fourth person for value without notice. Held that the beneficiaries under the trust had the prior equity, and must prevail over the fourth person. Capell v. Winter, Ch.D. 15th June. 23 T.R. 618.

249. Under the Locomotives Act, 1898 (sec. 12., sub-sec. 1 (b)), proceedings for the recovery of expenses of extraordinary traffic in the case of a building contract must be commenced within six months of the completion of the contract, so far as it related to the work which caused the damage. In the case of work extending over a long period, then the time would begin to run from the completion of the work which caused the damage. Lancaster District Rural Council v. Fisher & Le Fanu, C.A. 15th June. 23 T.R. 614.

250. No. 11 supra, 23 T.R. 105, affirmed. A sewer or sewage carrier held to be assessable to income tax under schedule A, rule No. 1, of the Act 16 & 17 Vict. cap. 34. Edinburgh Southern Cemetery Co. v. Kimmont, 1889, 17 R. 154, 2 Tax Cases 516, and Glasgow Corporation Waterworks v. Miller, 1886, 13 R. 489, 2 Tax Cases 131, referred to in the Court below. Ystradyfodwg and Pontypridd Main Sewerage Board v. Bensted (Surveyor of Taxes), H.L. 19th June. 23 T.R. 621.

251. A house agent held not entitled to commission on a sale of property upon the ground that he had kept a material fact from the knowledge of his principal, and that he had made a secret profit. Price and Others v. Metropolitan House Investment and Agency Co., Limited, C.A. 20th June. 23 T.R. 630.

252. The word "electromobile" is a descriptive word, and had not acquired a secondary meaning as denoting the plaintiff company. Injunction against its use was refused. Electromobile Co., Limited v. British Electromobile Co. and Others, Ch.D. 20th June. T.R. 631.

23

253. Under the Waterworks Clauses Act, 1863, sec. 12, water used for washing a motor car kept by a medical man, and used for the purposes of his profession, is not a supply of water for business purposes. Harrogate Corporation v. Mackay, K.B.D.

20th June. 23 T.R. 632.

254. Motion to commit defendant for breach of an order restraining him from carrying on the business of an undertaker. Motion granted in the circumstances, but observed, per curiam, that the general rule was that restraints of trade were void as against public policy, and that the exceptions to the rule were going too far. Dottridge Brothers, Limited v. Crook, Ch.D. 21st June. 23 T.R,

255. Question as to measure of damages on infringement of a patent. Held that the plaintiffs (who were patentees of improvements on motor cars) were not entitled to the profit on the sale of the car fitted with the improvements, but only on the improvements. United Horse Shoe Co., Limited v. Stewart, 1888 (H.L.), 15 R. 45, referred to. Clement Talbot, Limited v. Wilson, Ch.D. 22nd June. 23 T.R.

643.

256. Under sec. 24 of the Trade Marks Act, 1905, a trade mark already on the register may be registered for another class of goods without the marks being entered on the register as associated trade marks." The only exception is where the goods are the same. In re Birmingham Small Arms Co., Limited, Ch.D. 25th June. 23 T.R. 650.

257. The regulation (for avoiding collisions at sea) as to whistle signals (Article 28) is imperative, and must be obeyed by officers of the watch. The "Electra," P.D. 25th June.

258. A person cannot purchase property of which he is receiver without the leave of the Court. Alven v. Bond, Flanagan and Kelly's Irish Reports, pp. 213-214, followed. Nugent v. Nugent, Ch.D.

26th June. 23 T.R. 660.

259. Extensive extracts from a scientific book held to exceed the fair and reasonable limits of a review, and £15 damages for infringement of copyright given. Harper & Brothers v. Biggs & Son, Ch.D. 26th June.

260. An insurance company gave a covering note for insurance under the Workmen's Compensation Act, 1897. Before the policy was delivered an accident occurred. The policy when delivered contained a condition for immediate notice. The insured failed to give such notice. Held that, as the claimants did not know the condition, it did not become applicable to the risk, and that they were entitled to recover. In re an Arbitration between the Coleman's Repositories, Limited, and the Life and Health Assurance Association, C.A. 19th June. 23 T.R. 638.

261. Under the Waterworks Clauses Act, 1847, sec. 74, it is not necessary to cut off the supply of water before proceedings to recover the water rate. The King v. Hutton & Watson-ex parte The Metropolitan Water Board, K.B.D. 19th June. 23 T.R. 642.

262. A solicitor who received no formal appointment and no salary, but who was retained on each occasion by a local authority when work required to be done, held not to be an officer of the local authority within the meaning of secs. 100 and 120 of the Local Government Act, 1888, and therefore not entitled to compensation on abolition of the office. In re an Arbitration between Carpenter and Others and Mayor, &c., of Bristol, C.A. 21st June. 23 T.R. 654.

263. (a) Charterers loaded on two days which were holidays. Held that the parties thereby agreed to treat these holidays as working days. (b) By loading within the lay days the charterers enabled the ship to sail two days earlier, but one of those days was a Sunday. Held that the Sunday was not "a day saved in loading," for which the charter party made an allowance. James Nelson & Sons, Limited v. Nelson Line (Liverpool), Limited, C.A. 25th June. 23 T.R. 656.

264. Under the Preferential Payments of Bankruptcy Act, 1888,

sec. 1, sub-sec. 1 (b), an opera singer held to be a servant who received a salary or wages, and so entitled to priority of payment on winding up. In re The Winter German Opera, Limited, Ch.D. 2nd July. 23 T.R. 662.

265. Action of damages against a newspaper for publishing an article stating that the plaintiff's house was haunted. Held that there was no evidence of special damage. Barrett v. Associated Newspapers, Limited, C.A. 4th July. 23 T.R. 666.

266. (a) Under sec. 9, sub-sec. 4, of the Trade Marks Act, 1905, held that the word "motorine," as applied to a spirit for driving motor cars, was properly registered. (b) The word motricine"

could not be registered, as there might be confusion between the two terms. In re an Application for Registration by Compagnie Industrielle des Pétroles and in re Price's Patent Candle Co.'s Trade Mark, Ch.D. 5th July. 23 T.R. 672.

267. No. 76 supra, 23 T.R. 271, affirmed. A shipowner who has incurred liabilities to a third party, the holder of a bill of lading (under sec. 1 of the Bills of Lading Act, 1855), which was at variance with the charter party in omitting the negligence clause, is entitled to be indemnified by the charterers, who had prepared the bills of lading and got the master to sign them. Kruger & Co., Limited v. Moel Tryvan Shipping Co., Limited, H.L. 4th July. 23 T.R. 677.

268. A bond later in date of execution and of registration, under which an immediate advance was given, held preferable to a general bond prior in date of execution and of registration, but under which no advance had been given until after the advance under the second bond. Standard Bank of South Africa, Limited v. Heydenrych, P.C. 21st June. 23 T.R. 679.

269. Sec. 69 of the Merchant Shipping Act, 1906, is not retrospective, so as to apply to a collision occurring before the Act came into operation, in a question of limitation of liability. The "Langdale," P.D. 8th July. 23 T.R. 683.

270. Action on marine insurance policy on profit on a cargo, with a clause "to pay a loss on such portion as does not reach its destination in the said ship." The words "in the said ship" had been deleted. In the course of the voyage the vessel became a total loss, in December, 1905. Part of the cargo was re-shipped, brought to this country by another vessel, and discharged in March, 1906, but the plaintiffs declined to accept it. Held that there had been no loss of the portion tendered. Wyllie and Others v. Povah, K.B.D. 5th July. 23 T.R. 687.

271. Action by re-insurers on a marine policy of re-insurance for a sum recovered by the insurers from the insured in name of damages for fraudulent representation as to a loss. Held (a) that the plaintiffs were entitled to recover under their right of subrogation; (b) that defendants were entitled to deduct the costs properly attributable to the recovery of the damages. Assicurazioni Generali de Trieste v. Empress Assurance Corporation, Limited, K.B.D. 16th July. 23 T.R. 700.

272. Foreign bonds payable to bearer dealt with on the Stock Exchange and elsewhere are, where actually in England at the death of the deceased, liable to estate duty. Winans v. The King, K.B.D. 16th July. 23 T.R. 705.

Held

273. Action for defamation on account of an inaccurate newspaper report of a police court case. The report contained the words, "which he knew to be false," which were not in the summons. not privileged, and damages due. Furniss v. Cambridge Daily News, Limited, C.A. 18th July. 23 T.R. 705.

274. Under the House Tax Act, 1808, Schedule B (r) (1), and 1851, sec. 1, a real agreement of lease made with a view to avoid payment of duty does not become thereby a sham agreement. Cooper v. Rose (Surveyor of Tares), K.B.D. 18th July. 23 T.R. 707.

275. No. 341, vol. xxii., 22 T.R. 714, affirmed. A ditch can in point of law be treated as part of the land dedicated to the public as part of a highway. Mayor, &c., of Chorley v. Nightingale, C.A. 29th June. 23 T.R. 651.

276. Action for libel against newspapers. The following interrogatory to the plaintiffs by the defendants held not admissible: -“ Do you intend to set up that the defendants, in publishing the words complained of, were actuated by express malice towards the plaintiffs? If yea, state generally the facts and circumstances on which the plaintiffs rely as showing actual malice." Lever Brothers, Limited v. Associated Newspapers, Limited, C.A. 29th June. 23 T.R. 652.

277. No. 117 supra, 23 T.R. 358, affirmed. Two vessels were approaching each other on opposite courses, so that if each vessel continued on her course they would pass port to port. A fog bank came down. One of the vessels starboarded her helm in the fog and collided with the other. Held that the other was not to blame for not having slowed down or sounded her whistle on approaching the fog in the special facts of the case. The " Oravia," H.L. 3rd July. 23 T.R. 663.

Appointments, Business Changes, &c.

ABERDEEN UNIVERSITY.-Mr. James Messer Irvine, M.A., B.Sc., LL.B., advocate, has been appointed to the chair of Law in this University, vacant by the resignation of Professor Kennedy on his appointment to be Sheriff-Principal of Renfrewshire.

LAW EXAMINATIONS.-The following is a list of the successful candidates at the examination in law held on 15th July:-William Angus, Robert Fergusson Brown, Robert Smith Candlish, John Henderson Davie, Oliver Dow, James Ogilvie Duncan, M.A., B.L.; Alexander Fyfe, Anthony Murray John Graham, Weir Grieve, M.A.; Joseph Blacklock Halliday, Samuel Smiles Jerdan, George Robert Marshall Jockel, Alexander Robert Henry Johnston, Alexander Laurie, Thomas Lyell, James M'Intosh, M.A., LL.B.; Ian Mackay, Tom Perceval Mackenzie, Samuel Dow Macmillan, Lawrence Marshall, John Crichton Masterton, Alexander Innes Millar, William Thomson Mitchell, Allan Grant Pirie, William Pirie, William Pitcairn, jun.; James Hunter Scott, James Primrose Stark, Alexander Macdonald Whyte, and James Hampton Brown Will.

THE closing hours of the session of Parliament witnessed the placing of the copestone upon the edifice of Sheriff Court reform, upon the building up of which, during the last ten years, much labour has been expended. To begin with, there was the agitation which led in 1898 to the appointment of the Departmental Committee, under the chairmanship of Lord Dunedin, then Lord Advocate Graham Murray. Following up this came the laborious work of collecting and tabulating statistics, and working up evidence to lay before that Committee. But harder task than these there was the keeping interest alive in a subject of interest to a comparatively limited circle, and preventing the Departmental Committee going to sleep. It took some six years to extract a report from them, and the legal profession were indebted for obtaining it to Mr. Dickson, upon whom, as then Lord Advocate, the chairmanship of the Committee had devolved. But obtaining a report was not everything, and the profession knew only too well the tendency of such reports to find a grave in a Government office pigeon-hole. It was recognised that legislation of this sort requires to be "promoted," and so a committee was formed. comprising representatives from all the legal bodies in Scotland, except the Faculty of Advocates, who did not see their way to send a representative. By arrangement with Lord Advocate Dickson, this representative legal committee drafted a bill, which, having been sent round the faculties and thoroughly discussed, was accepted by Mr. Dickson, who was about to introduce it in Parliament when the dissolution occurred. But, as there is no political character attached to the subject, the legal committee, nothing daunted, turned

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