pleas should be noted before any question of remit to the ordinary Court can be con sidered. 4. In some cases the Note of Pleas may, of consent of parties, form the record in the ordinary Court, but in the general case it will be necessary to order condescendence and defences. 5. It will be more convenient, at least in Glasgow, to 'try' the cases in Chambers, so that the business of the ordinary Court may be as little as possible interfered with. 6. The power to take proof at large by commission has not been conferred. Only on special cause shown may commission be granted to examine any particular witness or haver, or take the oath of a party. 7. It is thought inexpedient, in the meantime, to employ short-hand writers in the taking of evidence, even could the services of proper parties be obtained, which is doubtful. 8. In all opposed cases there is an appeal from the Sheriff-Substitute to the Sheriff; but where no 'notes of evidence' have been taken, this appeal is confined to points of law. 9. There is an appeal from the Sheriff to the Court of Session in all opposed cases above £25; but this appeal, like the other, where no notes of evidence' have been taken, is also confined to points of law. 10. Considerable difficulty was found in solving the question how the appeal allowed on points of law, in the cases where no notes of evidence have been taken, could be given practical effect to; but the resolution ultimately come to was, that the Sheriff-Substitutes should, in these cases, issue Interlocutors containing their findings in fact and law, the same as in cases where notes of evidence have been taken; and that the provisions at the end of section eighth, were to be read as more applicable to the form of the extract to be issued by the Sheriff-Clerk, than to the Interlocutor of the Sheriff-Substitute. 11. Where the Sheriff remits back to the Sheriff-Substitute to take new evidence, and re-hear the case, the Sheriff-Substitute should, of new, give judgment. 12. That there are no proper provisions for sequestrations currente termino. 13. It is not considered expedient, in the meantime, to take up cases under the Act at the Circuit Court of Wishaw-the only existing Small Debt Circuit in the county. 14. A form for Book of Causes,' submitted by the Sheriff-Clerk Deputes, and containing certain additions to the form in the schedule annexed to the Act, was approved of. 15. The summons must necessarily go out with the extract of the decree; but the other papers, such as notes of pleas, note of evidence, Interlocutors, with findings, etc., should be retained by the Clerk. Productions, however, may be borrowed up by the parties in the usual way."

Obituary.-STODART MACDONALD, Esq., S.S.C., (1845), and N.P., died at Cameron House, near Edinburgh, on Sept. 13. Mr Macdonald was a Roman Catholic, and had a large and influential business connection among that persuasion. He was agent for the Edinburgh, Perth, and Dundee Railway Company during its separate existence; and it is reported that during its construction he discovered that very many progresses of titles in the kingdom of Fife were vitiated by serious flaws. He was an able and clear-headed man of business, somewhat formal in manner, but in feeling and conduct a thorough gentleman.

JOHN LEISHMAN, Esq., W.S., (1835), died at Braid House on Sept. 19, from the effects of a fall from his horse. Mr Leishman was Edinburgh agent for the West of Scotland Iron and Coal Masters' Association, and was long known as an active and able practitioner in the Court of Session.

GEORGE MCLELLAND, Esq., W.S., (1823), died at Edinburgh, Oct. 18.

ALEX. THOMSON, Esq., of Whitrig, W.S., (1818), formerly of the firm of Thomson, Elder, & Bruce, W.S., died at Mains, Tillicoultry, Oct. 10.

DOUGLAS HAMILTON ROBERTSON, Esq., Writer, Hamilton, died suddenly while witnessing a Volunteer Review at Capellie, Sept. 28.

General Council of Procurators.-The annual meeting of this body, which includes twenty-three local faculties and upwards of eleven hundred practitioners before the Sheriff Courts of Scotland, was held in the Faculty Hall, Glasgow, on Sept. 19-Mr Murdoch, Dean of Faculty, Ayr, presiding. The following office-bearers for the year were elected:-President, Mr James F. Murdoch, Dean of the Ayr Faculty of Solicitors; vice president, Mr John B. Baxter, President of the Faculty of Procurators and Solicitors in Dundee; secretary and treasurer, Mr James W. Barty, Representative of the the Faculty of Solicitors and Procurators of the Western District of Perthshire, Dunblane; special councillors, Mr James Mitchell, Dean of the Faculty of Procurators in Glasgow; Mr A. M⚫Neel Caird, Dean of the Faculty of Procurators for the Rhins of Galloway; Mr Robert Watt, Dean of the Society of Solicitors, Airdrie; Mr Thomas Falconer, Dean of the Faculty of Solicitors of Inverness-shire; and Mr James Watson, Dean of the Faculty of Procurators of the county of Linlithgow. On Sept. 20 and 21, candidates for admission as Procurators before the Sheriff Courts in Scotland, were examined in the same place by a Committee of examiners appointed by the General Council. Sixteen candidates remitted by Sheriffs for examination, presented themselves, and after a searching written and oral examination, the following were found to be duly qualified for admission, viz.: -Messrs William Smith Neill Patrick, Ayrshire; Archibald Thomas Gray, Stirlingshire; Robert Urquhart, Elginshire; William Bishop Dunbar, Forfarshire; Arthur Wellesley Kinnear, jun., Kincardineshire; Malcolm Stewart, Perthshire; James Auld, Renfrewshire.

Appointments.-Sir William Gibson-Craig, Keeper of the Signet, has appointed Mr John Richardson, W.S., Substitute-Keeper of the Signet, in place of Mr John Hamilton, resigned.

Clerks of Court carrying on business as Agents.-It appears that we were in error in the statement which we made last month that the "Return of all clerks of court in the Court of Session or other courts in Scotland, who either in their own names or in partnership with others carry on business as Writers to the Signet, Solicitors, or Agents," obtained by Mr. Aytoun M.P., for the Kirkcaldy Burghs, had not been printed. It was printed, though not without some delay, at late period of the session. We now give the return, omitting for convenience of printing the tabulated form. Besides the name of the clerk and his office the return consists of a column headed, "Business carried on either in their own name or in partnership with others as W.S.,Solicitors, or Agents," and of a column for remarks.

COURT OF SESSION.

Archibald M'Neill, P.C.S., W.S., Edinburgh, carrying on agency business with a partner, remarks, "Previous to my appointment as a Clerk of Court I carried on business as a practitioner in causes before the Court, but on my appointment as a Clerk of Court I ceased to carry on business as a practitioner before the Court, and from that date have not had any interest directly or indirectly in profits or emoluments derived from litigation or the conduct of causes; I have, however, as all my predecessors from time immemorial have done, retained my other business, such as conveyancing and the management of estates, and in doing so I have had the assistance of a partner in that department of business, so that my attendance on the duties of my office has not been in any respect interfered with."

H. Maxwell Inglis, P.C.S., W.S., Edinburgh, carrying on business as such.

Alex. Mann, Clerk of the Bills, in partnership with Mr. Alex. Duncan, solicitor, Leith.

SHERIFF COURT OF CHANCERY.

Adam Morrison, Sheriff-Clerk of Chancery, S.S.C.; but he does not, either in his own name, or in partnership with any other person or persons, practise before the Sheriff Court of Chancery.

SHERIFF COURTS

ABERDEEN.-John Legertwood, Sheriff-Clerk, advocate in Aberdeen, carries on the business of a conveyancer in Aberdeen in partnership with Robert Legertwood, advocate, Aberdeen, under the firm of J. & R. Legertwood.

Do.-Alexander Henderson Chalmers, Commissary Clerk, W.S., Edinburgh, in partnership with John Auld, firm Auld & Chalmers, W.S.

Do.-James Augustus Sinclair, Clerk of the Peace, C.A. & bank agent in Aberdeen.

AYR.-Evan A. Hunter, Sheriff-Clerk, W.S., Edinburgh, in partnership with others under the firm of Hunter, Blair, & Cowan, W.S., Remarks: "Mr. Hunter does not carry on business in Ayrshire." Do-Robert Goudie, junr., Commissary Clerk, solicitor, Ayr. Do.-Charles George Shaw, Clerk of the Peace, solicitor, Ayr. BANFF. John Forbes, Commissary Clerk, solicitor and procurator before sheriff and other courts in county and Burgh, exclusive of the courts in which he is clerk.

Do.-John Allan, Clerk of the Peace, solicitor and procurator before sheriff and other courts in county and burgh, exclusive of the court in which he is clerk.

BERWICK-Robert Romanes, Commissary Clerk, solicitor in Lon

don.

Do. Jonathan Melrose, Clerk of the Peace, partner of the firm of Melrose and Porteous, solicitors, Coldstream.

BUTE.-Daniel Macbeth, Sheriff-Clerk, Commissary Clerk, and Clerk of the Peace, agent, Rothesay.

CAITHNESS.-William Miller, Commissary Clerk, and Clerk of the Peace, Procurator before the Sheriff Court of Caithness.

CLACKMANNAN.-John Ewing, Commissary Clerk, Procurator before the Sheriff Court of Clackmannanshire.

Do-David M Watt, Clerk of the Peace, Procurator before the Sheriff Court of Clackmannanshire.

DUMBARTON.-John Denny, Clerk of the Peace, writer in Dum

barton.

DUMFRIES.-Henry Gordon, Sheriff-Clerk, a partner of the firm of Gordon & Whitelaw, writers, Dumfries.

Do.-Christopher Harkness, Commissary Clerk, and Clerk of the Peace, writer in Dumfries.

EDINBURGH.—James L. Hill, Commissary Clerk, W.S., and carries

on business in Edinburgh as a W.S., in partnership under the firm of Hill, Reid, and Drummond, W.S.

Do.-John Gillespie, Clerk of the Peace, W.S. in Edinburgh.

FIFE. Wm. Horsburgh, Clerk of the Peace, procurator or agent

in Cupar.

FORFAR-David Small, Clerk of the Peace, solicitor in Dundee. KINCARDINE.-Alex. Gordon Brown, Clerk of the Peace, procurator or agent in Stonehaven.

LANARK. George Crawford, Clerk of the Peace for Lower Ward, acts as conveyancer in Glasgow, but does not practice before the sheriff or other local courts.

Do. Wm. Morrison, Clerk of the Peace for the Upper Ward, agent or solicitor in Lanark, and practising as such except in the court of which he is clerk.

Do.-James Gebbie, Clerk of the Peace for Middle Ward, agent or solicitor in Srathaven, and practising as such, except in the court of which he is clerk.

LINLITHGOW.-John Hardy, Sheriff-Clerk, Commissary Clerk, and Clerk of the Peace, general agent and law conveyancer in Linlithgow, but not as an agent or solicitor in any court.

NAIRN.-Wm. Dick, Clerk of the Peace, solicitor or agent, Nairn. PEEBLES.-William Stuart, Sheriff-Clerk, Commissary Clerk, and Clerk of the Peace, carries on agency business in Peebles with a partner. Remarks: Mr. Stuart in a note says, "Mr. Stuart is Sheriff Clerk, Commissary Clerk, and Clerk of the Peace; he is a partner of the firm of Stuart & Blackwood, Peebles, who transact business as bank agents, conveyancers, factors for estates, assurance company agency, and such like. All business connected with the courts above mentioned is excepted from the co-partnery. Mr. Blackwood has no participation in the salary and emoluments derived from the above offices, and Mr Stuart has no interest whatever in Mr Blackwood's business as a procurator in these courts."

PERTH.-William Young, Commissary Clerk, in partnership with his son, under the firm of W. & W. R. Young, bankers and solicitors, Auchterarder.

Do.-Robert Martin, Clerk of the Peace, solicitor, Perth.

*

RENFREW. John Bartlemore, Commissary Clerk, writer, Paisley. Do-Robert Wright, Clerk of the Peace, writer, Greenock. Ross.-William Moffat, Clerk of the Peace, partner of the firm of Moffat and Dewar, solicitors, Dingwall.

SELKIRK.-John Lang, Sheriff-Clerk, Commissary Clerk, and Clerk of the Peace, in partnership with another as solicitor or agent in Selkirk. Remarks: Mr Lang states that he has no interest in any court business which may be conducted by his partner before the courts of which he is clerk.

STIRLING. Thomas L. Galbraith, Sheriff-Clerk, writer in Stirling. * Mr Wright died after the return was made, and Mr Bartlemore has been appointed to succeed him.

Do.-Andrew Hutton, Commissary Clerk, writer in Stirling, in partnership with another.

SUTHERLAND.-No return.

WIGTOWN.-Alex. Ingram, Clerk of the Peace, Procurator before the Sheriff and Commissary Courts of the county.

ZETLAND. George Smith, S.S.C., Sheriff-Clerk, conveyancer and practitioner before the Commissary and Justice of Peace Courts, and conducts general business exclusive of Sheriff-Court business.

Do.-Samuel Henry, Commissary Clerk, Procurator before the Sheriff Court, and conducts general business, exclusive of procedure before the Commissary Court.

Note.-Depute or Assistant Clerks in the Sheriff, Commissary, and Justice of Peace Courts, appointed by the Principal Clerks of these courts, and clerks in Burgh and Police Courts are not included in this return. (Signed) T. G. Murray, Crown Agent for Scotland, Edinburgh, 26th June, 1867.

Correspondence.

ANSWERS TO QUERIES.

I.-(Ante, p. 507.) There seems to be no doubt as to the first point here, viz.. that no purchaser can be compelled to fulfil a contract of sale of land the title of which is in such a condition as is described. As to the question whether any remedy exists by which the trustees may either safely continue to hold the long lease for the beneficiaries, or may be enabled to give a good title to a purchaser, it occurs to me that a new lease by the proprietor for the unexpired period of the original term is not open to the objection suggested by R. B. For, even if the proprietor were to resume the subjects, there is nothing to hinder him from giving them out again on a Montgomery lease for any period not exceeding ninety-nine years. And if he gives them to the original tenant at the original rent I cannot see that that would be a contravention of the entail because of the rent being less than he (the proprietor) could get for the land together with the villa now erected on it. The alienation of the villa and accessories of the land to the original tenant's representatives at the old rent would not be gratuitous, because, if the proprietor resumed possession of the subjects and ousted them, he would be bound (always assuming their author's bona fides in building on the subjects) to recompense them for the outlay on the subjects so far as he himself was lucratus thereby. (See Bell's Princ. 538). And there is no reason why he should not take the short way of arriving at the same result without litigation or dispute by letting the lands anew to the original tenant's trustees for the remainder of the original term. For the sake of making the arrangement doubly secure, the new lease might narrate the circumstances in which it is granted and the obligation of recompense, and it might be granted (though I should think this quite unnecessary) with the consent of the substitutes in the entail next to succeed. Indeed, if they are as favourably disposed as the proprietor, the trustees might at no very great expense, if circumstances are favourable, obtain a disentail of the lands embraced in the lease. But surely any purchaser would be satisfied with a new lease in the terms I have mentioned.-G.

Notes of Cases.

THE SHERIFF COURTS.

(Renfrewshire S. D. Court at Greenock, before Sheriff Fraser, July 31.) Demurrage. A bill of lading for sugar on board the s.s. Stettin from runkirk to Greenock, contained a clause "à reclamer dans les 24 heurs de