Morayshire Assessor v. Bruce, 233 Nimmo & Company, Limited, Connell v., 467 Norfor and Others v. Aberdeenshire Education Authority, 430 Northern Assurance Company, Limited, Demetriades v., 133 Norwich Union Fire Insurance Society, Limited, Cambitsis v., 133 O'Hare, Bent Colliery Company, Limited, v., 662 O'Neill v. Giffnock Collieries, Limited, 283 Pacific Steam Navigation Company v. Park v. Anderson Brothers, 652 Perth General Stewart, 606 Station Committee V. Société Anonyme de Periandros, Clyde Speirs Limited v. Petersen, 349 St Andrews Magistrates, M'Leod v., 612 Stewart's Trustees v. Lawrence and Ors., 691 Stranraer Gas Company, Limited v. Stranraer Assessor, 253 Strathern, Ewart and M'Quillan v., 328 Sutherlandshire Assessor, M'Corquodale v., 235 Sutherlandshire Assessor, Duke of Westminster v., 256 Taylor & Son v. Irons, 507 Thomson & Balfour v. Inland Revenue, 35 United States Shipping Board v. Laird Line, Limited, 55, 694 Vernon & Sons, Limited v. Greenock Assessor, 322 "Vitruvia" s.s. Company, Limited v. Ropner Shipping Company, Limited, 52 Waddell v. Howat, 402 Waddell's Judicial Factor v. Waddell and Others, 675 Walker, Hendry and Another v., 520 Wallace's Curator, Accountant of Court v., 259 ORDER COMMITTEES. Edinburgh Corporation (Tramways, &c.), 704 Edinburgh Corporation Water (Consolidation and Amendment), 704 Midlothian (Calder District) Water, 704 Dumfries and Maxwelltown Joint Bridge, 705 Dundee Corporation and Water and Gas, 705 West Lothian (Bathgate District) Water, 706 Buckhaven, Methil, and Innerleven Burgh Extension, &c., 706 INDEX OF STATUTES. Act 1617, c. 12, p. 191 Conveyancing (Scotland) Act 1874, p. 191 6 Edw. VII, c. 58 (Workmen's Compensa- Road Vehicles (Trade Licences) Regulations 7 Clyde Navigation Bye-laws (Nos. 3, 18, and 7 8 p. 15 5 Geo. IV, c. 87 (Aberdeen Act) 8 6 c. 120 (Court of Session Act 1825), p. 520 10 5 and 6 Vict. c. 79 (Railway Passengers' 8 and 9 24 and 25 29 and 30 29 and 30 c. 119 (Betting Act 1853), p. c. 91 (Lands Valuation Act c. cclxxiii (Glasgow Police c. 21 (Butter and Margarine c. 51 (Sheriff Courts (Scotland) c. 67 (Children Act 1908), p. 98 c. 8 (Finance (1909-10) Act 1910), pp. 356, 364, 482 1 and 2 Geo. V, c. 50 (Coal Mines Act 1911), 2 and 3 2 and 3 3 and 4 c. 71 (Glebe Lands (Scotland), 4 and 5 31 and 32 c. 100 (Court of Session Act p. 561 c. clxix (Kirkcaldy District c. 28 (Sheriff Courts (Scot- 281 c. 89 (Finance (No. 2) Act c. 23 (Gaming Machines c. 48 (Education (Scotland) c. 17 (Increase of Rent and Act 1920), p. 360 c. 18 (Finance Act 1920), pp. c. 57 (Unemployment (Relief c. 76 (Agriculture Act 1920), c. 58 (Trusts (Scotland) Act c. 32 (Rent and Mortgage Act 1923), p. 360 c. 10 (Agricultural Holdings 524. c. 42 (Workmen's Compen- INDEX OF SUBJECTS. Compensation Act. See Workmen's Action of Removing. See Process. Action of Damages for Personal Injury. Action of Damages. See Interest. law agent in respect of the reckless dis- Administration of Justice-Title to Plead- Affiliation and Aliment. See Expenses. and Agreement to Pay a Lump Sum in Settle- Aliment. See Parent and Child. Allocation of Cost among All the Pro- Allowances for Witnesses Brought from Ambiguity in Holograph Covering Letter. Amendment. See Process. Annuity. See Succession. Appeal on Question other than Value. See Appeal to House of Lords. See Interest. A Approbate and Reprobate. See Succession. trade, not only as regards material but also as regards quantities, quality, and solidity of the work done. The arbiter in order to ascertain whether the employer had authorised the use of certain materials questioned two of the contractor's employees outwith the contractor's presence but in the presence of the employer. He then examined the employer's manager outwith the presence of both parties. In his award the arbiter while finding in favour of the contractor as to whether the employer had authorised the use of the materials in question, held that the work had not been properly executed. The contractor thereupon brought an action for the reduction of the award on the ground, inter alia, that the evidence in the arbitration proceedings had been taken in the presence of the defenders only and outwith the presence of the pursuers. An additional objection, which, however, in the opinion of the Lord Ordinary was not very clearly if at all raised on record, was also argued, viz., that the arbiter had misconstrued the terms of the submission, inasmuch as he had not applied his mind to the question, "What is the custom of the trade as to the number of coats to be given when there is no specification in the offer ?" The Lord Ordinary's decision reducing the award on this ground having been reversed by the First Division and the defenders assoilzied, the pursuers appealed. Held (1) that in taking the steps he did to ascertain what was the custom of trade the arbiter had not acted extra fines compromissi or failed to apply his mind to the true question submitted to him, and (2) that as regards the other ground of challenge, viz., that a witness had been examined outwith the presence of one of the parties, the procedure followed had not in this instance violated the principles of justice, especially where, as here, the arbiter had decided in favour of the party challenging the award, and appeal dismissed. Black v. John Williams & Company, p. 26. Arbitration Award Reduction on Grounds not Specified on Record-Competency-Necessity for Precise Specification of Grounds of Challenge-ProcessRecord-Reduction of Arbiter's AwardReduction on Grounds not Specified on Record but Elicited from Defender in Course of Evidence - Necessity for Amendment of Pleadings. Where a pursuer elicits from a defender in the course of his evidence something which suggests a new cause of action altogether or a different foundation for his action he should only be allowed to proceed upon averments and pleas properly inserted in the record and upon payment of the expenses incurred up to that point. Davidson v. Logan, 1908 S.C. 350, 45 S. L.R. 142, commented on. Case reported ante ut supra. Black v. John Williams & Co., p. 26. Insurance Policy Arbitration Clause-Applicability Differences Arising out of Policy - Whether Property Covered by other Insurance Insurance to -Fire Insurance Policy Arbitration Clause Applicability - Dispute as whether Insured Covered by Separate Policy Issued by Third Party. The conditions of a policy of insurance against fire restricted the liability of the insurance company to a rateable proportion of the loss if at the time of a loss the property affected was covered by any other insurance, and provided that all differences arising out of the policy were to be referred to arbitration. In an action on the policy for loss the company_contended that the property was covered by an insurance effected through a newspaper under what was advertised as a free insurance scheme," and that this was a question which fell to be decided by arbitration under the conditions of the policy In a document issued with the newspaper containing the conditions of the scheme to which the advertisement referred it was stated that the scheme did not involve any contractual liability. Held that as it was clear from the terms of the document there was no insurance effected under the scheme, there was no difference to refer under the arbitration clause, and that as the amount of the loss was not in dispute, the pursuer was entitled to decree. Woods v. Co-operatve Insurance Society, Limited, p. 489, Arbitration See Landlord and Tenant-Lease. Arbitration Clause. See Arbitration. Assessment to Income Tax of Repayment of Excess Profits Duty. See Revenue. Authority to Feu. See Church, Averment that Decree Improperly Obtained. Averment that Letter Produced Fraudu- Award of Compensation. See Workmen's Bar. See Workmen's Compensation. Bankrupt. See Process. Bankruptcy - Sequestration — Alimentary Provision Excess Bankruptcy (Scotland) Act 1913 (3 and 4 Geo. V, cap. 20), sec. 98 (2). A bankrupt had an alimentary income from trust funds amounting to £721, and besides himself had to support a wife and daughter and two sons, one of whom was at the university and the other at school. In a petition by his trustee in bankruptcy for an order on him to pay over to the trustee a part of the alimentary income accruing to him after the date of his sequestration, held that £300 per annum was the excess beyond a suitable maintenance which he was bound so to pay over. Inglis' Trustee v. Inglis, p. 153. Sequestration-Recal-IrregularityAffidavit-Failure to Specify_SecurityArrestment-Latent Defect-Bankruptcy (Scotland) Act 1913 (3 and 4 Geo. V, cap. 20), secs. 20, 21, and 30. Sequestration of a bankrupt was obtained by creditors whose debts, amounting to £661, 7s. 6d., were constituted by decree against the bankrupt and his wife jointly and severally. In their affidavits the creditors omitted to specify a security held by them over the estate of the bankrupt's wife, consisting of an arrestment which had attached a sum of £23, and stated that they held no security for their debts. In a petition for recal of the sequestration, held that the omission to specify the security being a latent defect in the affidavit, the question of recal was one for the discretion of the Court, and the irregularity complained of not having prejudiced the bankrupt quoad the granting of the sequestration, petition refused. Nakeski-Cumming v. Gordon and Others, p. 210. Bankruptcy Sequestration - Nobile OffiMeeting of Creditors -- Failure cium to Give Due Notice of Meeting-Gazette Notices not Inserted in Time to Allow of the Statutory Advertisement Warrant to Hold New Meeting-Bankruptcy Act 1913 (3 and 4 Geo. V, cap. 20), secs. 44 and 63. Where in a sequestration the Gazette notices were per incuriam of the petitioners' agent inserted too late to allow of the statutory advertisement of the meeting of creditors, the Court, on the application of the petitioners for an order holding the notices equivalent to notices at least six days prior to the said meeting, or otherwise to hold that sufficient intimation of the meeting had been given, or alternatively for warrant to hold a new meeting, ordered a new meeting to be held, and granted warrant for the statutory advertisement thereof. The Car Mart, Limited, Petitioners, p. 224. -Sequestration-Recording Abbreviate of Sequestration-Failure Timeously to Transmit Abbreviate to Keeper of Register of Inhibitions · Abbreviate Transmitted more than Two Days after Date of First Deliverance--Application for Confirmation of Abbreviate already Recorded, or Alternatively for Authority to Record New Abbreviate-Nobile Officium—Bankruptcy (Scotland) Act 1913 (3 and 4 Geo. V, cap. 20), sec. 44. The Bankruptcy (Scotland) Act 1913, sec. 44, enacts "The party applying for sequestration shall present, before the expiration of the second lawful day after the first deliverance if given by the Lord Ordinary, or present or transmit by post before the expiration of the second lawful day after the said deliverance if given by the Sheriff, an abbreviate of the petition and deliverance, signed by him or his agent, in the form of Schedule A (No. 1) hereto annexed, to the Keeper of the Registers of Inhibitions and Adjudications at Edinburgh, who shall forthwith record the said abbreviate in the said Registers, and write and subscribe a certificate thereof on the said abbreviate in the form also specified in the said Schedule A (No. 2), and shall on the request of the party transmitting such abbreviate, and on pay. ment by him of the fees of such registration, and of the postage, re-transmit the said abbreviate by post to the said party. The petitioners in a petition for the sequestration of a bankrupt presented an abbreviate of the petition and the first deliverance of the Sheriff thereon to the Keeper of the Registers of Inhibitions and Adjudications, which he received and recorded, but the date on which the petitioners so transmitted the abbreviate was sixteen days after the date of the first deliverance, the petitioners having omitted per incuriam to transmit it within two days of the date of the first deliverance as required by the Bankruptcy Act. Thereafter the petitioners presented a petition to the Court of Session praying the Court either to confirm the abbreviate already recorded, or alternatively to authorise the petitioners to transmit a new abbreviate to the Keeper of the Registers of Inhibitions and Adjudications within two days of the date of the interlocutor granting the authority prayed for, and to authorise the Keeper to receive and record the abbreviate. The Court refused the first alternative of the prayer, but granted the second alternative. White Cross Insurance Association, Limited, and Another, Petitioners, p. 281. Betting. See Justiciary Cases. Breach of Verbal Prohibition Imposed by Employers. See Workmen's Compensation. Breach of Regulations Made under Coal Mines Act 1911. See Justiciary Cases. Building Accepted on Construction. See Contract. A Building Contract. See Contract. Buildings Hurtful or Occasioning Disturbance to other Houses. See Burgh. Building Restrictions. See Property. Burgh-Dean of Guild-Dangerous Tenement-Danger Due to Condition of Upper Flats-Compulsory Partial DemolitionAllocation of Cost among All the Proprietors of Tenement Competency Liability of Owners of Ground Floor for Share of Cost of Operations-Glasgow Police Act 1866 (29 and 30 Vict. cap. cclxxiii), sec. 381. By the Glasgow Police Act the Dean of Guild may order any building which is dangerous in whole or in part to be taken down or secured, and may award the expenses of executing the operations "against the proprietor. tenement having, owing to the condition of its upper flats, become dangerous, the Dean of Guild, on the application of the Procurator-Fiscal of the Dean of Guild Court, ordered the tenement to be taken down to the level of the ceiling of the ground floor. After the operations had been executed, the Dean of Guild, proceeding under the powers conferred upon him by section 381 of the Glasgow Police Act 1866, allocated the expense of the demolition among all the owners of the different portions of the building. The proprietors of the ground floor objected to any portion of the expenses being allocated upon them, on the grounds (a) that it had been established that the dangerous condition of the upper flats was due solely |