Cases repeated in the

under the date given in these notes.
Times Law Reports have the reference added.

124. No. 58, supra, 35 T.R. 226, affirmed. Damages. (a) Nervous shock caused by false threats of personal injury is a ground of action; (b) an agent using such threats involves his principal in liability, although it may not be for the benefit of the principal. Dulieu v. White, 17 T.R. 555, vol. xvii., No. 313, followed. Janvier v. Sweeney & Barker, C.A. 25th March. 35 T.R. 360.

125. No. 228, vol. xxxiv., 34 T.R. 464, affirmed. Undue traffic on road. Previous cases referred to 31 T.R. 254; 31 T.R. 295, No. 155, vol. xxxi. ; 32 T.R. 674, No. 228, vol. xxxii. ; 32 T.R. 41, No. 358, vol. xxxi. Weston-super-Mare U.D.C. v. Henry Butt & Co., Limited, C.A. 25th March. 35 T.R. 345.

126. No. 195, vol. xxxiv., 34 T.R. 557, affirmed.

Income Tax Acts. Income from property situated abroad and not brought home is to be assessed on the three years' average, like income tax. Singer v. Williams, C.A. 31st March. 35 T.R. 364.

127. Voluntary winding up of company-retention of leasehold premises by liquidator. Held bound to satisfy in full the landlord's claim for repairs. In re Levi & Co., Limited, Ch.D. 25th February. 35 T.R. 334.

128. No. 215, vol. xxxiv., 34 T.R. 584, affirmed. Passing off action-injunction. Defendant was excluded as a bankrupt from the Institute of Chartered Accountants. He put on his letter paper "Honours Final, Institute of Chartered Accountants," which was true. Held on the evidence that the public were misled into believing that he was a member of that body, and injunction granted. Institute of Chartered Accountants, &c. v. Hardwick, C.A. 24th March. 35 T.R. 342.

129. Charter party-hire paid monthly in advance and not returnable. In the event of loss of time from breakdown, hire to cease. Ship broke down, and in transit for repair she was lost. Held that hire for period between breakdown and loss must be repaid. Naeyaert v. Stott, K.B.D. 24th March. 35 T.R. 343.

130. Bankruptcy. A bankrupt insured his life without knowledge of the trustee and paid the premiums during the liquidation and after his discharge until his death. Held that the proceeds belonged to the creditors, and did not pass under the debtor's will. In re Stokes, ex parte Mellish, K.B.D. 24th March. 35 T.R. 345.

131. Restraint of trade-reasonableness of rules of industrial society. Rules preventing sale of milk to any other creamery, and preventing withdrawal from society without consent of committee, held unreasonable and not binding. M'Ellistrim v. Ballymacelligott Co-operative Agricultural and Dairy Society, Limited, H.L. 24th March. 35 T.R. 354.

132. Paper Restriction (Poster and Circulars) Order, 1918, secs. 8 and 17-advertising circulars. (a) "A circular" means several identical copies issued to several persons; (b) whether advertising is a main or an ancillary purpose is a question of fact. Held that the circular in question was a contravention. Cashmore v. Smith, K.B.D. 1st April. 35 T.R. 372.

133. Registration of trade marks-Registration of Business Names

Act, 1916, sec. 1-Defence of the Realm Act, regulation 14 H. Objections to registration of trade marks by a naturalised German on the ground of infringements of the second Act repelled as unimportant. In re Jack Mann's Trade Marks, Ch.D. 1st April. 35

T.R. 371.

134. Criminal law-larceny-Merchant Shipping Act, 1906, sec. 25. A seaman took on shore part of his unconsumed rations for his wife and family. Held (a) that there was no mens rea; (b) semble that the property remained in the steamship company. Conviction quashed. Mogan v. Caldwell, K.B.D. 2nd April. 35 T.R. 381.

135. Highway Act, 1835, sec. 72. Cf. Roads and Bridges (Scotland) Act, 1878, schedule C (96). Shooting pheasants from a highway is not an infringement per se. There must be proof of interruption to persons travelling. Lees v. Stone, K.B.D. 2nd April. 35 T.R. 380.

136. Frustration of contract-requisition of chartered shipsCourts (Emergency Powers) Act, 1917, sec. 1 (2). Held that the case was covered by Tamplin v. Anglo-American Company, 32 T.R. 677, No. 229, vol. xxxii., and that the contract was not frustrated. Dominion Coal Company, Limited v. British and Chilian S.S. Company, Limited, K.B.D. 3rd April; affirmed C.A. 12th April.

137. Chartered Institute of Patent Agents-ejection from membership. Defendants, on a report from the War Office, on a question of charging unwarranted fees, passed a resolution ejecting plaintiff from membership. Resolution declared void, as the reasons were insufficient. Law v. Chartered Institute of Patent Agents, Ch.D. 4th April. 35 T.R. 385.

138. Food and Drugs Act, 1875, sec. 6-Sunday Observance Act, 1867. Cf. Scots Act, 1579, c. 70; 1690, c. 21. Milk below the standard was purchased by an inspector on Sunday, contrary to the Sunday Observance Act. Held that the Crown was not affected by his illegal conduct, and conviction sustained. Elder v. Kelly, K.B.D. 4th April. 35 T.R. 391.

139. Finance (No. 2) Act, 1915, schedule 4, Part I., rule 6excess profits. The words carrying on the same trade or business do not include the case of a tyre company holding the shares in a rubber company. Dunlop Rubber Company, Limited v. Commissioners of Inland Revenue, K.B.D. 9th April. 35 T.R. 432.

140. Continuing guarantee. A guarantee for the rent of a gardener's cottage held determinable when the service was determined, although the tenancy was continued. The general rule is otherwise. Balfour v. Crace, 1902, 18 T.L.R. 321, No. 100, vol. xviii. Wingfield v. De St. Croix, K.B.D. 9th April. 35 T.R. 432.

141. No. 99, vol. xxxiv., 34 T.R. 329, reversed. Defence Act, 1842, sec. 43. The Government is legally bound to pay compensation for premises which it takes for urgent war purposes. In re a Petition of Right (1915), 32 T.R. 699, overruled. De Keysers Royal Hotel, Limited v. Rex, C.A. 9th April. 35 T.R. 418.

66

142. Exemption from taxes under Act of Parliament. In 1790 an Act established a ferry, and exempted it from any tax, rate, or assessment whatever, parliamentary or parochial. Income tax was thereafter imposed. Held that it was exempt. Associated Newspapers, Limited v. City of London Corporation, 1916, 32 T.R. 700, No. 235, vol. xxxii., applies to Imperial taxes. Pole-Carew v. Craddock, K.B.D. 10th April.

143. No. 204, vol. xxxiv., 34 T.R. 554, affirmed in part and reversed in part. Finance (No. 2) Act, 1915, sec. 43-mineral excess duty. The income tax for each year must be deducted. Murray v. Inland Revenue Commissioners, H.L., 1918, 55 S.L.R. 428, followed. Commissioners of Inland Revenue v. Duke of Northumberland, C.A. 10th April.

144. No. 77, supra, 35 T.R. 264, affirmed. Passenger's luggage. Plaintiff engaged a strange man to take his valise on board a steamship, and it was accepted for carriage. It disappeared. Held (a) that there had been a bailment; (b) that a revolver was part of a captain's personal luggage, and also a borrowed binocular. Jenkyns v. Southampton, &c., R.M.S.P. Company, C.A. 10th April. 35 T.R. 435.

145. Income Tax Act, 1856, sec. 2 and 5, schedule E. A gift from shareholders to an unpaid secretary and liquidator held assessable to income tax. Cowan v. Seymour (Surveyor of Taxes), K.B.D. 11th April.

THE MESSENGER-AT-ARMS.

(A lyric for a projected comic opera which never came to fruition.) A messenger-at arms

You don't meet every day;

He causes wild alarms

Whene'er he comes your way.

He comes to serve, arrest or charge,
Poind or sequestrate. Small or large
May be the claim he would enforce,
And bids you liquidate in course.

You will not go to him
Yourself, if you should sue:
Your lawyer's clerk, so trim,

Will do that job for you.

The lawyer who your case conducts
The messenger-at-arms instructs,
And primo loco pays the fee

Of messengers-at-arms like me.

Thus, like an advocate,

He never meets, I say,

The client, who, irate,

Will ultimately pay,

Though, should the client win his case

And get expenses, then to face

And foot the bill the party who

Has lost the case must yield, 'tis true.

W. P. M. B.

Appointments, Business Changes, &c.

GLASGOW.-Sheriff A. O. M. Mackenzie recently appointed Sir John Lindsay, town-clerk, an Honorary Sheriff Substitute of Lanarkshire at Glasgow. It is interesting to note that Sir John entered the office of the

Sheriff-clerk in 1875. In 1880 he was appointed clerk to Sheriff-Substitute Lees, and held this appointment till December, 1890, when he entered the service of the Glasgow Corporation as assistant clerk of the Police Department. From that date until his appointment as town-clerk in 1912 Sir John conducted all the litigation for the Corporation, and was very well known and respected in the law Courts, particularly in the Parliament House. Since being appointed Honorary SheriffSubstitute in Glasgow he has been sitting occasionally in the Summary Court.

AIRDRIE. Sheriff A. O. M. Mackenzie has appointed Mr. Thomas Forsyth, solicitor, an Honorary Sheriff-Substitute of Lanarkshire at Airdrie, in room of the late Mr. A. B. Motherwell.

ARBROATH.-Lieut.-Colonel M. R. Dickson, D.S.O., W.S., and Mr. Archibald Hutcheon, solicitor, have been assumed as partners in the firm of Messrs. J. & W. Macdonald.

HAWICK.-Mr. James Conn, solicitor, has been appointed chamberlain and treasurer of the burgh of Hawick, in room of the late Mr. Adam Laing.

FIFESHIRE.-Mr. Dudley Stuart, Banff, has been appointed SheriffSubstitute of Fife at Cupar, in place of the late Mr. Armour-Hannay.

BANFF.-Mr. John W. More, advocate, has been appointed SheriffSubstitute of Banffshire, in place of Mr. Dudley Stuart, who has been transferred to Cupar, Fife.

EDINBURGH.-Mr. Stair A. Gillon, advocate, has been appointed Solicitor to the Inland Revenue, in succession to Sir Philip Hamilton Grierson, who recently retired.

Mr. D. P. Fleming, advocate, has been appointed an Advocatedepute, in room of Mr. Stair A. Gillon. Mr. J. C. Fenton, advocate, has been appointed Extra-depute, and Mr. A. Martin Laing, advocate, Sheriff Court Depute.

LAW AGENTS' EXAMINATIONS.-Concessions to ex-Service Men.— The Examiners of Law Agents at a meeting held recently granted certificates of exemption from the First Examination in General Knowledge to twenty-eight applicants who have served in the Naval or Military Forces, and who have satisfied the Examiners as to their general education for entering upon indentures of apprenticeship in terms of the Act of Sederunt of 19th March last.

So far as we are aware, the word "pertinent" as a noun is never used except in relation to heritable property. We believe we are further right in saying that, according to ordinary usage, the principal property is always corporeal, though the pertinent may be either corporeal or incorporeal. We rather think, therefore, that in the heading of this article we have coined a new term. It may not be absolutely, but at any rate it is approximately, correct in the sense in which we use it, namely, as a label to denote a varied collection of rights collateral, accessory, or incidental to commercial matters. Considerations of space prevent our opening all the chapters of the subject or dealing exhaustively with any of them. Everything will directly or indirectly be treated with a view to the interests of a purchaser.

NAMES.

Under this section we include names whether of persons, premises, or goods, the principles and rules being in some respects very much the same as applied to all of them. The position may be briefly summarised thus. There is no property in a name. But no one is entitled to use even his own name so as to mislead. On a sale of a business, with its goodwill, the name passes by implication. But the vendor, unless restrained, may also trade in his own name. The purchaser may be restrained if his use of the name involves risk to the vendor, but not if there has been an express assignment of the name. On dissolution of partnership, both partners may be entitled to carry on under the old name. Because a man is entitled to trade in his own name, it does not follow that, not · so trading himself, he can pass on his right to another.

P