Multiplepoinding- Novation. See LEASE. Parish Council. See EXPENSES, LOCAL GOVERNMENT, POOR, PROPERTY. Partnership Dissolution-Difference as to winding up-Partner's application to be appointed liquidator-Sheriff-Held, in a petition by one of two partners, who had retired from his firm, to have himself appointed liquidator, that the Sheriff was not competent to deal with the matter. Weir v Weir, ... Constitution Joint adventure-Advance to builder-Liability of lender for goods.— Under an agreement between an accountant and a builder an advance was made by the accountant to the builder to enable him to erect buildings. It was provided in the agreement that interest at 10 per cent. should be paid on the loan, and that the lender should have the control of all cash matters, the paying of accounts and tradesmen's wages, and the engagement and dismissal of the men employed in the work; and that he was to get a conveyance of the subjects to be built in security of the advances. The conveyance was granted, as well as a back letter showing that it was only in security. In an action for the price of bricks supplied for the work, held that the lender-whose concern was solely to have security for his loan and interest on it, but who was not to share in any profits-was not a joint adventurer with the builder, and was not liable for the account. Springburn Brick and Quarry Co. v M‘Kean, &c., Personal Bar. See ARRESTMENT, CARRIAGE, CONTRACT, LAW AGENCY, Sale. Pledge Loan-Proof-Parole-Possession.-Held in an action raised for delivery of a diamond ring, where the defence was that the ring was pledged for a loan, that parole was admissible to prove the whole circumstances of the case, and that the defenders were not limited to writ or oath. Niven v M'Arthur's Trustees, Poinding. See REPARATION. Police Private street-Temporary levelling-Charge of private improvement expenses on lands liable-Resolution to improve not minuted-Burgh Police (Scotland) Act, 1892, secs. 365, 366.—In order to constitute private improvement expenses incurred in the temporary formation of a private street a burden on lands adjoining the street, so as to make them recoverable from a singular successor, the Town Council must formally and properly charge and impose the expenses under secs. 365 and 368, and this can only be done by minuting the resolutions and other necessary particulars in the town's minute book. Leven Magistrates v M'Arthur, ... Burgh-Paving of common areas" Bleaching green"-Burgh Police (Scotland) Act, 1903, sec. 21.-Held, in an appeal against an order by a Town Council requiring the owners to pave a common court attached to a tenement, that where the court had been originally laid down in grass and intended for a bleaching green, but there was no evidence that it had ever been used as such, and it had for some time prior to the service of the notice been almost bare of grass, and very muddy in wet weather and unfit for use as a bleaching green, it did not fall within the exception of a bleaching green stated in the said sec. 21. City and Suburban Property Investment Co., Limited v Provost, &c., of Govan, ... PAGE 153 233 278 299 158 163 Poor ... ... Settlement of pauper-Local Government Board's control-Sheriff.-Circumstances in Præpositura. See AGENCY. Preference. See BANKRUPTCY. Presumption. See FEE AND LIFERENT, HUSBAND AND WIFE. ... ... Record-Adjustments written on certified copy summons and initialed by agent-Act See also ARRESTMENT, EXPENSES. Promise Unilateral obligation-Rejection-Subsequent claim for fulfilment -Written offer to aliment bastard.-The mother of a bastard child received from a man a letter acknowledging that he had had connection with her such as might account for the birth of her child, and saying that he was willing to pay aliment. She had already raised an action of filiation against another man in respect of the child. After receiving the letter she continued that action, and it was decided against her. Held that she had rejected the promise of the writer of the letter, and could not maintain another action against him as being the father. Rankin v Hutchison, Property Common interest or servitude-Village square-Dedication to public-Subsequent conveyance by superior to Parish Council-Title of frontager to prevent changes. A square or market-place was created in a village by the superior, who, in feuing the ground surrounding it for houses, gave the feuars no express right or interest in the square. It was afterwards gifted by the superior to the Parish Council, who proposed to improve the surface for public utility. Certain of the feuars sought interdict, on the ground that the alterations would infringe their rights in a pump well, water channel, and cesspool situated in the square and used in connection with their properties for forty years. Held that the conveyance to the Parish Council was no interference with a supposed prior dedication of the square to the public; that the feuars had no title to object, except as to interference with a specific interest or PAGE 17 172 12 186 291 Property-continued. servitude in the square; and that, even assuming that the pursuers had March fence-Action for half cost of repair-Necessity of application to Sheriff before Public Health- ... Water supply district formation-Expenses.-A District Committee of a County Water supply in burgh—Charge for garden tap in subjects already assessed on. —A burgh water authority having in June, 1905, passed a resolution embodying terms for the supply of water for other than domestic purposes, which resolution was not published or otherwise communicated to the public, sued for these charges in respect of a supply to a garden during the year ending in May, 1906. Held that the claim could not stand, being (1) illegal in respect the premises were already assessed on for water supply, and (2) unfounded, as there was no contract in terms of the Burgh Police Act, 1892, sec. 264. Montrose Town Council v Melvin, ... Appeal-Order by sanitary inspector.-Held that an order by a burgh sanitary inspector, appointed by and acting for the Burgh Commissioners, is an order of the Commissioners, and may be appealed against by virtue of sec. 339 of the Burgh Police Act of 1892. Irons v Leith Sanitary Inspector, ... "Owner" of property in burgh-Liability of owner of adjoining shop to clean common stair.-Held that the owner of a shop in a tenement, with right of access to the roof by a common stair for the purpose only of sweeping vents, was not liable for the cleansing of the common stair bounded by the walls of the shop, but affording no entry to the shop. Irons v Leith Sanitary Inspector, See also TITLE TO SUE. Public Records Registrar of births-Audit of accounts-Production of books showing fees-Auditor's title to sue. The statutory auditor of the accounts of a Parish Council sued the registrar of births, &c., of the parish, who had been appointed upon salary, to produce his records of fees as registrar in order to the audit, and to attend, give explanations, and sign a declaration in terms of sec. 70 (3) of the Local Government Act of 1889 and sec. 36 of the further Act of 1894. The registrar denied that he was accountable for fees, and explained that the real issue was whether PAGE 59 181 44 121 201 206 342 342 PAGE Public Records-continued. he was entitled to keep the fees, which ought to be decided in another process. Railway Care of line-Light railway—Unfenced line-Obligation to slow trains for sheep on line.-Held that it was the duty of a railway company working a light railway, left unfenced by virtue of its Provisional Order, to run its trains in respect of speed not merely at the rate limited by the Order, but at a reasonably safe rate, regard being had to the configuration of the ground and the natural and customary use of the land. Morton v Caledonian Railway Co., See also ASSESSMENT, CARRIAGE, Deposit. Reparation- Conspiracy-Slander--Trade union-Trade competition.-A stonecutter in business on his own account sued the office-bearers of a masters' association of stonecutters for damages for conspiracy and slander. The conspiracy founded on was (a) raising the entrance fee of the association from £50 to £100 for the purpose of keeping the pursuer out of the association; (b) sending circulars to members of the association warning them not to trade with the pursuer under a penalty of being dealt with under the rules; (c) sending deputations to recalcitrant members to enforce the said warning and to procure assurances of obedience; and (d) laying a trap for the pursuer or for recalcitrant members to show that the pursuer was trading in competition with the members of the association, and whereby one of the said members was caught and other members were prevented from dealing with the pursuer, and his business was stopped. The slander averred was contained in the circular mentioned, which was headed "Irregular Trader," and was innuendoed to mean that the pursuer was not honest, but a shady or disreputable tradesman. Held there was no relevant ground for the action so far as founded on slander, and, after a proof, that the defenders' association was a lawful one, and with lawful objects, and that the acts done by them with reference to the pursuer were not unlawful, nor carried out in an unlawful way. Crichton v Edwards, &c., ... ... Personal negligence--Liability of one sportsman for injury to another-Measure of Deforcement of sheriff-officer poinding.-The holder of a decree instructed a sheriff- Negligence by arbiter-Counter claim against his fee.—Circumstances in which held that a party to an arbitration was entitled to set off against a claim by the arbiter for his fee the expenses to which the former had been put in consequence of a blunder upon the part of the arbiter. A v B, See also CARRIAGE, DEBTS RECOVERY ACT, EXPENSES, ROAD, SHIP. 239 90 70 165 189 261 289 PAGE Retention. See ARRESTMENT, BANKRUPTCY, Law Agency. Road Passage-Obstruction by temporary fence-Unopened road-Damages.-A motor car Sale Warranty-Horse-Condition of passing trial.—A, an intending purchaser of a horse, the owner of which, B, represented it to be sound, obtained it upon a few days' trial. When tried fairly it proved lame, and was reported by a veterinary surgeon to be suffering from serious defects. It was returned to B within the stipulated time, and rejected by him, and he sued for the price. Held that, even upon the assumption that the horse was fundamentally sound, A, having obtained a trial and having reasonable grounds for considering that the horse was unsuitable at the time of trial, was entitled to return it. M'Clelland v Lang, Delivery by instalments-Buyer's failure to take delivery-Seller's right to cancel contract.-A agreed to sell to B 1000 tons of coal, to be delivered at the rate of two trucks a day. At the time when the contract should have been fully implemented, namely, 5th August, only about one-third of the 1000 tons had been delivered, the shortage being due in part to A's default, but in greater degree to that of B, who had frequently countermanded the daily supply, and had also, on other occasions, allowed his siding to become so crowded with trucks that the railway company refused to send on any more. A continued to deliver coal after 5th August, until he had more than made up the shortage due to his default. Held that A was entitled to refuse to make any further deliveries under the contract. Johnstone & Boath v Purden & Sons, Delivery-Rejection and subsequent sale by buyers. -Held (1) that the only question under a contract for delivery of a known article of commerce (steam coal) was whether what was delivered reasonably answered the description of what was sold, not whether it suited the buyer's special requirements; (2) that goods could not be regarded as having been rejected when they were ultimately realised by the buyers without judicial authority. Brownlie & Co. v Mehren & Co., See also ARRESTMENT. Salvage. See SHIP. School Obligation to provide elementary education-Child qualified for supplementary course -Board's right to select one of its schools for such.-The father of a boy, aged thirteen and qualified by examination for " 'supplementary courses," desired 100 251 269 141 196 230 |