The Scottish Law Reporter: Containing Reports ... of Cases Decided in the ...

Adjudication of Trust-Estate. See Trust. Administration of Justice-Small Debt CourtSmall Debt Act, 1837 (1 Vict. c. 41), sec. 14— Law Agents (Scotland) Act, 1873 (36 and 37 Vict. c. 63), secs. 2, 13, and 16-Enrolled Law Agent Notary-Public. Held (diss. Lord Lord Rutherfurd Clark) that a person who is not duly enrolled as a law agent under the Law Agents (Scotland), Act 1873, may with the leave of the sheriff, on special cause shown, conduct cases for remuneration in the Small Debt Court under sec. 14 of the Small Debt Act of 1837. Milne v. Leslie, p. 340.

-Law Agents (Scotland) Act, 1873 (36 and 37 Vict. c. 63)-Enrolled Law Agent-Objection to Appearance of Unqualified Person-Interdict. Held that the remedy of an enrolled law agent, who objects to the appearance of an unqualified person in any process, is not by way of interdict, but by stating his objection in Court when appearance is made by the latter. Milne v. Leslie, p. 340.

Agent and Client-Duty of Agent when Lending Client's Money on Security of Patent. A law agent was employed by a client to obtain a loan on the security of a patent. Another client, after consulting the law agent, lent £5000. The patent was subsequently found to be invalid, having been anticipated by prior patents. An action was raised at the instance of the lender against the law agent for payment of the sum alleged to have been lost through the transaction, on the ground that before the loan was completed the defender had been advised by a patent agent that a search ought to be made for the pur

pose of ascertaining the validity of the patent, and that this advice was concealed from the pursuer; that by reason of this concealment, and in ignorance of the advice given to the defender, the pursuer was led to advance his money on a worthless security. Held (rev. judgment of First Division, diss. Lord Chancellor Halsbury) that the onus of proving that the communication had not been made lay upon the pursuer, and that he had failed to discharge it. Defenders assoilzied. Stewart v. M'Clure, Naismith, Brodie, & Macfarlane, and Others, p. 153.

Agent and Client-Law Agent-Factor-Whether Entitled to Credit for Business Charges. The management of an estate, to which the proprietor succeeded in 1865, was conducted during his minority by his mother. He attained majority in 1869, but owing to the state of his mind, she continued to manage the estate until her death in 1873. During the whole of this period she acted under the advice of the family law agents. On her death the proprietor executed a trust-deed, which, however, was never acted upon, and his brother undertook the management of the estate. He had no legal authority. The family agents were appointed by him factors and law agents, and acted as such. In 1875 a curator bonis was appointed, who raised against the trustee on the law agents' estate an action of accounting for their intromissions with the rents of the estate. Held that they were entitled to set off against any sums that might be due by them, the amount of the business accounts and fees due to them as law agents and factors on the estate. Dunbar v. Cheyne (Wilson & Dunlop's Trustee), p. 176. Agent and Principal-Trust for Behoof of Creditors-Lease-Security-Possession. A person conveyed his whole estate to a trustee for behoof of his creditors. The trustee had previously, in security of advances made by him for the purpose of paying these creditors, taken from the truster a lease of his heritable estate, consisting of a farm, which bore that the truster had sold to him the whole stock on the lands let. The lease was qualified by a letter, which, inter alia, provided that the truster was to manage the farm for the trustee, and that the price of the stock under the

lease should not be paid but be imputed to advances made by the trustee. The trustee's name was entered in the valuation roll of the county as tenant of the farm, but there was no other publication of the trust-deed and lease. The truster was afterwards sequestrated. A firm of merchants who had, in ignorance of the two deeds, supplied goods to the truster for the use of the farm, sued the trustee for the price of the goods as being really the truster's principal. Held (rev. Lord Trayner) (1) that the effect of the execution of these deeds was to divest the truster of his estate, and that he had thereafter acted as manager for the trustee; (2) that he had in that capacity ordered the goods; and therefore (3) that the trustee was liable for payment of the goods as the truster's principal to the amount of the trust-estate which he had still in his hands. Macphail & Son v. A. J. Maclean and E. Erskine Scott, p. 56. Agent and Principal-Sale-Liability. By an agreement between G, the proprietor of an hotel, and M, the occupant, it was acknowledged by M that the whole furniture and effects in the hotel belonged to G, and he agreed to transfer to G the licence for the hotel. M further agreed to manage the hotel for G, and to account to him for the drawings, for which he was to be paid a weekly wage. G then agreed not to charge rent for M's possession from the term immediately preceding the agreement, and M agreed to account to G for the stock in the hotel as at a certain date. The licence was thereafter transferred to G. Subsequently goods were supplied to M for the purposes of the hotel, on his order, and by a firm who were in ignorance of G's connection with the hotel. On learning of the agreement, however, they raised an action against G for the price of the goods. G's defence was that he had not ordered the goods, that the agreement had not been acted upon, and that M had not managed the business for him. Held, on the evidence, that G was liable. Dawson & Company v. Gold, p. 268. Agreement. See Trust.

Agricultural Rent. See Superior and Vassal. Aliment-Liability of Son-in-Law to Aliment his Mother-in-Law Married Women's Property (Scotland) Act, 1877 (40 and 41 Vict. cap. 29), sec. 4. Held that a husband who had married subsequent to the Married Women's Property Act, 1877, and who had not been lucratus by the marriage, was not liable to aliment his mother-in-law. Macallan v. Alexander, p.

606.

-See Trust.

Alimentary Liferent. See Marriage-Contract.
Alimentary Provision. See Trust-Arrestments.
All Parties not Called. See Process.
Allocation. See Church.

Allowance to Children for Maintenance and Education. See Trust.

Allowance to Parent for Education of Children.
See Trust.

Alteration of Buildings. See Property.
Alteration of Purposes. See Trust.

Annuity. See Incorporated Society.

Appeal. See Valuation Cases-Justiciary Cases -Process-Bankruptcy.

Appeal for Jury Trial after Appeal to Sheriff. See Process.

Appeal from Sheriff in Cessio. See Bankruptcy.
Application for Shares, whether Conditional. See
Company.

Appointment. See Succession.
Apportionment. See Entail.
Approbation. See Teinds.

Appropriation by Husband of Income of Wife's
Separate Estate. See Husband and Wife
Arbiter. See Property.

Arbiter Unnamed. See Arbitration. Arbitration Objections to Decree-Valuation by Man of Skill-Proof Incompetent. A reduction was brought of a decree-arbitral pronounced in a submission to two farmers, as men of skill, to value the waygoing crop of an outgoing tenant, on the ground that no proof had been led as to the claims of the respective parties, and that only one of the arbiters had seen the crop after it had been cut, and so was unable to judge of its value. Held that as the submission was for the purpose of valuation by men of skill, proof would have been incompetent, and that as it was implied that both the arbiters inspected the crop before it was cut, the averment that only one of the arbiters inspected the crop after it was cut was irrelevant. Action dismissed. Logan v. Leadbetter and Lowson, p. 110. -Arbiter Unnamed Reference Invalid. The arbitration clause in a contract for the construction of a bridge provided that any question that might arise as to the meaning and intent of the contract should be settled in the case of difference by the engineer for the time being of one of the parties. Held that the reference was invalid as the arbiter was not named. The Steel Company of Scotland (Limited) v. Tancred, Arrol, & Com

pany, p. 178.

The

Arrears of Dividend. See Public Company. Arrestments - Recall - Colliery_Labourer-Precarious Wage-Alimentary Provision. wages of a colliery labourer were 12s. per week, but his employment was precarious owing to an accident. Under his father's settlement he was entitled, as an alimentary provision, to the income of a share of residue, which yielded on an average 12s. per week. He was unmarried. Arrestments were used, upon a decree for expenses, to attach the latter sum. In a petition for recall of these arrestments-held that the petitioner's income was not more than sufficient for his support, and arrestments recalled. Dick v. Russell and. Another, p. 281.

-Recall Wages Arrestment Limitation (Scotland) Act 1870 (33 and 34 Vict. cap. 62), secs. 1 and 2. The Wages Arrestment Limitation (Scotland) Act, 1870, provides by section. 1 "that the wages of all labourers, farm servants, manufacturers, artificers, and work people shall cease to be liable to arrestment

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