parties be contented by the fulfilment of the prophecies that in the immediate future there is to be a boom in the business of the Courts! Otherwise we shall see that tragedy of the barleaders failing to retain their position, and once prosperous juniors bemoaning their silken gowns.

The prophecy of expanding legal business is accounted for by the general hopefulness; but one might counterbalance that by dwelling on the fact that much business in the Courts of late years has arisen out of the war. This will stop, and, besides, if we are to be abnormally prosperous, there is the theory, which some hold, that prosperity is adverse to litigation. They say that when people are making money they cannot afford time to go to law, and they have not the same reason for wishing to gain time by litigation as they have when business is bad. Moreover, there may be more general influences at work tending to curtail litigation. For one thing, the habit of arbitration has become more engrained during the war years. Its growth is said to be due to the dissatisfaction. with the procedure of the Courts. There is also a movement in special branches of law to set up extraordinary tribunals which would oust the jurisdiction of the law Courts. This movement is taking place both in America and here, and especially in the sphere of master and servant there is a desire to "eliminate" the lawyer, which must be gratifying to the followers of the Morning Post. A well-known County Court judge, Judge Parry, who was chairman of one of the Commissions during the war, reported that the legal profession was wholly out of touch with the employers and workmen in the trades which supply at present the extensive litigation under the Workmen's Compensation Acts. It seems to be settled that we are to have nationalisation of the railways, and probably an extended control of shipping by the State. If so, the probability is that administrative tribunals, as distinct from Parliamentary Committees, will be established, and Civil Service officials take the place of the law Courts and the lawyers. We shall not, presumably, like the Russian Bolshevists, in a fit of "seeing red," abolish all the law Courts at a stroke, or, like Jack Cade, in Shakespeare, hang the lawyers and burn their books; but dissatisfaction with the law and distrust of lawyers do not die out. It seems quite probable that the administration of the law may pass in large measure from judicial tribunals to executive boards and Commissions, and the venerable fabric of the Courts decay from the "unimaginable touch "of time." The enthusiasts for a Ministry of Justice say the present condition of the Courts is an eloquent plea for speedy

creation of a Ministry of Justice. Others seem to consider that an Imperial Law School and a higher education of lawyers would re-establish the prestige of the Courts of law and the legal profession. But in regard to the latter proposition the paradox is that, individually, lawyers had never more prestige than they at present enjoy. In all English-speaking countries, at least, they take the lead in the political and diplomatic spheres. If we are to have the League of Nations, the men whose prestige will be enhanced will be men trained in legal principles and in forensic advocacy. It seems that it is not the lawyer type that the nations distrust, but the present legal system. All the dissatisfaction in America with legal administration does not prevent the Americans from sending Mr. Davis, who is the Solicitor-General for the United States, to England as the successor of Phelps and Choate.

I confess I do not know to what conclusions the foregoing remarks ought to lead me. In the meantime, returning to more manageable topics, let me refer to the happy relations which are once more established between the Premier and the representative society of the profession of which he is the most distinguished member. Mr. Lloyd George has passed through vicissitudes in the society that meets in Chancery Lane. When he became Chancellor of the Exchequer, I think, they had his portrait painted and hung up in their library. When he criticised them severely on their attitude to his financial measures. which touched them professionally, they debated whether they should not turn his face to the wall or something of that sort. Happily the estrangement is past. In their latest communication the president, vice-president, and council of the Law Society beg leave to offer to the Prime Minister their most sincere congratulations on the signing of the armistice with Germany, and on his arduous efforts which have brought the long struggle between freedom and militarism to a successful conclusion. They remember with pride that the Prime Minister is a member of their own profession engaged in and devoted to the maintenance of law and justice, and feel that the Empire may confidently rely that in the settlement of peace he will bear in mind, as he has so finely said, that "We will do no "wrong, but we will abandon no right." To the "members "of his own profession" Mr. Lloyd George sends a warm acknowledgment of their appreciation. Possibly the Westminster Gazette may carp, and say the solicitors seem to be under the impression that the solicitors, with Mr. Lloyd George, have won the war.

Yet, in grave seriousness, let me mention that a memorial

service has been held in London during the month for those connected with the solicitors' branch of the legal profession who fell in the war. In connection therewith it was stated that 3000 solicitors and 1500 articled clerks served with the colours, and that 550 solicitors and 350 articled clerks were killed.

NOTES OF ENGLISH CASES.

THE following notes are of English cases decided since our last issue, which have a bearing upon Scots law, or are otherwise of general interest. They are taken from the Times newspaper reports, and the full report of any case may be found there under the date given in these notes. Cases repeated in the Times Law Reports have the reference added.

1. Charter party in name of agent-undisclosed principal. A signed the charter party as charterer. He died. B sought to be sisted as undisclosed principal, and to lead evidence of the fact. Held that he was entitled to do so. Fred Drughorn, Limited v. Rederi Actiebolaget Transatlantic, H.L. 12th November. 35 T.R. 73.

2. No. 269, vol. xxxiii., 34 T.R. 7, reversed. Prize Declaration of London No. 2 Order in Council, para. 1 (3)-Orders in Council, 29th October, 1914, 11th March, 1915, art. 3, and 7th July, 1916. Held that on the construction of these Orders the cargo of coffee in question, consigned to Sweden, although destined for Germany, must be released. The "Kronprinzessin Victoria,"

P.C. 13th November. 35 T.R. 74.

3. Master and servant-trade secrets-restraint of trade. Agreement by manager not to divulge any trade secret learnt in plaintiff's employment, and not to engage in similar employment for five years, held reasonable, and injunction granted against breach. Forster & Sons, Limited v. Suggett, Ch.D. 14th November. T.R. 87.

35

4. Marine Insurance Act, 1908, secs. 60, 61-constructive total loss-restoration-delay. The ship was captured and used as a consort, and ultimately was stranded in Denmark, and restored to the owners. Held that a policy on profit on charter was exigible, as there was constructive total loss, and no timeous restoration, and that the loss of profit did not arise from the delay. Roura & Forgas v. Townend and Others, K.B.D. 14th November. 35 T.R. 88.

5. C.i.f. contract-res perit domino-insurance policytender of documents. (a) Can a vendor under an ordinary c.i.f. contract, on tender of the necessary documents, insist on payment where the goods have perished in transitu? He can. (b) But an insurance policy being one of the necessary documents, the action fails if that is not tendered. Mambre Saccharin Company, Limited v. Corn Products Company, Limited, K.B.D. 15th November. 35 T.R. 34.

6. Master and servant-wrongful dismissal-measure of damages-tips. A hairdresser is entitled to include his tips in his damages for being wrongfully dismissed without a week's notice. Manubens v. Leon, K.B.D. 15th November. 35 T.R. 34.

D

7. Railway company-passenger's luggage. A porter is a general agent of the company within the scope of his employment, and the company is liable for his negligence, although he is acting ultroneously at another than his own station. Story on Agency, 9th ed., sec. 126, approved. Soanes v. London and South-Western Railway Company, K.B.D. 2nd November. 35 T.R. 101.

of

8. Master and servant-wrongful dismissal-measure damages. A domestic servant wrongfully dismissed in course of the month is entitled to board wages in addition to the month's wages. Lindsay v. Queen's Hotel Company, Limited, K.B.D. 20th November. 35 T.R. 101.

9. Railway common carrier. A railway company is entitled to refuse to act as a common carrier. W. H. Smith & Sons v. London and North-Western Railway, K.B.D. 20th November. 35 T.R. 99.

10. Deceased Wife's Sister's Marriage Act, 1907-prohibited degrees. A marriage with a deceased wife's brother's daughter is not rendered valid by the Deceased Wife's Sister's Marriage Act, 1907. Re Phillips, deceased-Charter v. Ferguson, Ch.D. 20th November. 11. Military Service Acts-privilege. (a) Statements made before a military tribunal are absolutely privileged; (b) but a letter written by a member of the tribunal to the military tribunal has only qualified privilege. Watson v. M'Ewan, 1905, A.C. 480, 7 F. 109; 42 S.L.R. 837, distinguished; (c) there was no sufficient evidence of malice. Adam v. Ward, 1917, 33 T.R. 277, No. 141, vol. xxxiii., followed. Gerhold v. Baker, C.A. 21st November. 35 T.R. 102.

12. Naturalisation in Dominions-Aliens Restriction Act, 1916. The naturalisation of a German in Australia does not extend to the United Kingdom. Markwald v. Attorney-General, Ch.D. 21st November. 35 T.R. 110.

13. By mistake a shopgirl sold margarine at a price slightly above the controlled rate. Held that mens rea was not essential to conviction, and employers fined. Pearks' Dairies, Limited v Tottenham Food Control Committee, K.B.D. 25th November. 35 T.R. 114.

14. Sale of Goods Act, 1893, sec. 50-measure of damages in case of sub-sales. Held that on failure of buyer to take delivery of coal under a contract for twelve months, he must pay not only the difference in price, but also the damages payable by the seller to his seller. Whitaker, Limited v. Bowater, Limited, K.B.D. 25th November. 35 T.R. 114.

15. Prize-inland sea. German craft captured on the Victoria Nyanza condemned as prizes on the principle that it was equivalent to the high seas. Re H.M.S." Winifred," &c., P.D. (in Prize),

25th November. 35 T.R. 117.

16. Regulation of Railways Act, 1889, sec. 5 (3)-travelling with another's ticket. A purchased a non-transferable ticket from B, and travelled with it. Held that he was liable to conviction under above regulation. Rails v. Beasley, K.B.D. 25th November. 35 T.R. 115.

17. No. 157, vol. xxxiv., 35 T.R. 125, affirmed. Merchant Shipping (Salvage) Act, 1916, sec. 1-salvage by requisitioned tug-" belonging to His Majesty." Held that the agreement between the owners and the Admiralty amounted to a demise of the tug, and that

66

Costs

the Admiralty were entitled to the salvage awarded. were given to the Crown under the Admiralty Suits Act, 1868, sec. 5. Commissioners of Admiralty v. Page and Others, C.A. 9th December. 35 T.R. 125.

18. Negligence-auditor of books. The auditor of a merchant's books is liable for negligence if he does not verify the correctness of the cash and bank balance as stated in the books, in the absence of an arrangement to the contrary. Fox & Son v. Morrish, Grant, & Co., K.B.D. 3rd December. 35 T.R. 126.

or

19. Prize conditional contraband-delivery to shippers assigns-Declaration of London, Order in Council, No. 2, 1914, par. 1 (3). Salmon was shipped from New York to Copenhagen to be delivered to consignors or their assigns. Held that the doctrine of continuous voyage applied, and that the modification in above Declaration did not apply, as the shippers retained full control of the goods. The "Hellig Olaf" (Cargo ex), P.C. 3rd December. 35 T.R. 127.

20. Capital or income-Thellusson Act, 39 & 40 George III., c. 98. A left in trust for his son, B, the income of an estate to be applied at the discretion of the trustees, with a residuary bequest over. On B's death a large sum was unexpended. Held that the accumulations during twenty-one years were capital, and after that date income. In re Garside-Wragg v. Garside, Ch.D. 3rd December. 35 T.R. 129.

21. No. 151, vol. xxxiv., 34 T.R. 421, reversed. Charter party -bill of lading-custom of port-demurrage. The bills of lading incorporated all the terms of the charter. Action for eleven days' demurrage on ground of custom of port to provide clear quay space and bogies. Held that the custom had not been proved, and the action failed. The "Lizzie," C.A. 5th December. 35 T.R. 130.

22. Libel-privileged occasion-express malice. Plaintiffs had customers in South America, and defendants held bills drawn on plaintiffs, and plaintiffs held bills drawn on defendants. Defendants insisted on payment, but refused set-off, and wrote to the customers that the bills held by them were unpaid. Held that express malice had been proved, and damages awarded. Lionel Barber & Co., Limited v. Deutsche Bank (Berlin), London Agency, H.L. 2nd December. 35 T.R. 120.

23. Marine insurance-mining timber-policy on ship, no "mining timber to be carried." The cargo consisted of railway sleepers. Held (a) that this was not mining timber, although for use in mines; (b) that the decree of the German Prize Court, condemning the ship for carrying contraband, was not binding on the Court. Aktieselskabet Grenland v. Janson, K.B.D. 5th December. 35 T.R. 135.

24. No. 166, vol. xxxiv., 34 T.R. 486, reversed. Negligenceagistment-onus of proof. A's cows were grazing on B's farm. Two of the cows were stolen. B neglected to inform A. Held that this neglect threw the onus upon B; and that as he had failed to discharge if he was liable in damages. Coldman v. Hill, C.A. 11th December.

value

25. Marine insurance increased policy on of hull, machinery, &c. In a salvage suit the ship was valued at double the value in the valued policy. The insured had to contribute a pro