move in the matter in the event of any emerging change of circumstances. Delaney v. Colston and Others, p. 8. Parent and Child-Aliment of Bastard. Held that a bastard incapable of supporting himself was entitled to aliment out of the estate of his deceased father, and that a sum must be set aside for payment of this aliment before division of the estate in terms of the father's settlement. Valentine (Oncken's Judicial Factor) v. Macdougall (Reimers' Curator), p. 384. Curator-Expenses-Liability of Father Concurring as Curator in Action raised by Daughter. A girl of nineteen was cited to appear before the kirk-session of the church to which she belonged in order to answer to a fama. The father made repeated and urgent requests to the minister to supply him with details. In a letter which had been submitted to and approved of by the kirk-session, the minister informed the father of the nature of the fama, and added that he had written evidence thereanent from a respectable person whose word he had no reason to doubt. Thereafter the daughter, with the consent and concurrence of her father as her curator and administrator-in-law, raised an action of damages for defamation of character against the minister. In assoilzieing the defender, the Sheriff found the father personally liable in expenses as well as the daughter. Held that the Sheriff had acted within his competency. Fraser v. Cameron, p. 446. Custody-Right of Grandmother to Custody of Child of Thirteen Chargeable on Parish-Influence of Child's own Wishes on Subject— Right of Grandmother to Demand Address of Pauper Child from Parochial Board. An Irishman, resident in Scotland, disappeared, and his child, a girl of thirteen, became chargeable on the parish. Thereafter the man's mother, who resided in Ireland, applied to the Court to ordain the parochial board to give the petitioner the address of her granddaughter, and also to deliver up the child herself to the petitioner. Answers were lodged on behalf of the parochial board, averring that the petitioner was not in a position to maintain the child, and that the child herself expressly desired to remain in Scotland. The curator ad litem appointed by the Court to the child adopted the views of the parochial board, and reported that in his opinion nothing short of force would induce the child to go to Ireland. The Court refused to ordain the parochial board to deliver up the child to the grandmother, and were equally divided in opinion as to whether the parochial board were bound to give the grandmother the address of the child. Flannigan v. Muir, p. 781. Action for Custody of Bastard ChildCustody of Children Act 1891 (54 and 55 Vict. c. 3)-Sheriff Court-Appeal.` A mother had allowed her bastard child to remain for six years after its birth in the custody of another person, she contributing a certain amount of aliment. At the end of that time she raised an action in the Sheriff Court for the custody of her child against the person to whose charge it had been committed. The Sheriff granted the application "until a permanent arrangement is made by a competent Court." The defender appealed. Upon a remit by the Court, the Sheriff-Substitute of the county reported that in the absence of any legal difficulty the child was in better hands than if she was with her mother. The Court dismissed the petition. Keiller v. Mackenzie, p. 829. Parent and Child. See Succession. Part of Day. See Ship. Partner of Firm. See Election Law. Paving Private Street in Edinburgh. Payment. See Process. See Permitting Matter Injurious to Health to Remain Petition-Trust-Sequestration of Trust-Estate -Removal of Trustees-Judicial Factor. One of his next-of-kin of a truster presented a petition for sequestration of the trust-estate, removal of the trustees, and appointment of a judicial factor, on the ground that the trustees intended to remove the trust-estate to England, which would prejudice the petitioner's rights in an action of reduction of the settlement which she was about to bring. In respect that the trustees stated they had no intention of removing the trust - estate from Scotland, the Court refused the prayer of the petition. Bowman v. Mackinnon and Others, p. 175. Petition by Beneficiaries for Increase of Amount of Annuity. See Curator Bonis. Petition for Rectification of Register. See Com Petition for Warrant to Hold Meeting of Creditors. See Sequestration. Petition to Disentail a Portion of an Entailed Estate. See Entail. Pleading. See Arbitration. Poisonous Goods. See Reparation. Police-Paving Private Street in EdinburghEdinburgh Municipal and Police (Amendment) Act 1891 (54 and 55 Vict.), sec. 33-Premises Abutting on a Street. Held that the proprietor of a garden, and of an upper flat and a pro indiviso share in the area of a house bounded by a street, was, in the meaning of section 33 of the Edinburgh Municipal and Police. (Amendment) Act 1891, an owner of premises abutting on the street though there was no entry from the street either to the house or garden. Campbell v. Magistrates and Town Council of Edinburgh, p. 146. Statutory Notice. Held that notices issued by the magistrates under section 33 of the Edinburgh Municipal and Police (Amend ment) Act 1891, calling upon the owner of a house abutting on a private street to pave the same, must specify in what manner the work is to be carried out. Campbell v. Magistrates and Town Council of Edinburgh, p. 146. Police. See Burgh. Police Commissioners. See Reparation. Policy of Assurance. See Succession. Policy Including a Number of Vessels. See Revenue. Pollution. See Stream. Poor - Settlement-Lunatic-Forisfamiliation. A young man who all his life had been imbecile although not a congenital idiot, remained in his father's family without earning anything until twenty-two years of age, when he was confined in an asylum as a pauper lunatic. Held (following the case of Fraser v. Robertson, June 5, 1867, 5 Macph. 819) that he had never been forisfamiliated, and that the parish of his father's settlement and not his own birth settlement was liable for his support. Lees v. Kemp, p. 6. Aliment Action of Relief - Form of Decree. In an action by an inspector of poor against the father of two illegitimate children, the paternity being admitted, the Court granted decree for a sum already expended on the children's maintenance, but refused to grant decree for payment of aliment at a specific rate for each of the children until they should respectively attain the age of fourteen or cease to be a charge on the pursuer. Den (Inspector of Poor for Parish of Meldrum) v. Lumsden, p. 76. Settlement --Proof - Evidence - Hearsay -Family Tradition. In an action at the instance of a relieving parish against the parish alleged to be that of the pursuer's birth, for repayment of funds expended on his behalf, the only evidence in support of the fact of his having been born there was that of the pauper himself and of his sister, who relied solely upon statements made to them by their mother, who was dead. Held (diss. Lord Young, dub. Lord Rutherfurd Clark) that this was not a case of family tradition, and that the evidence, being virtually that of a single witness, was insufficient to establish the pursuer's claim. lace v. Ross, p. 223. Wal Settlement-Imbecile Forisfamiliation. A pauper received parochial relief from the parish of his birth for himself and his family. His eldest daughter-aged twenty-one-had resided all her life with him, but was of such weak mind that she could only do light housework, or work in the fields if under constant supervision. She was confined of an illegitimate child, and received additional parochial relief. Held that for such relief the parish of her father's settlement was liable, and not that of her own birth. Mackay v. Munro, p. 332. Relief--Poor Law Amendment Act 1845 (8 and 9 Vict. cap. 83), secs. 70 and 72. Held that a parish which had granted relief to two paupers and a pauper lunatic belonging to another parish, was entitled, in making its claim of relief against the parish of settlement, to charge it with a proportion (1) of the expense of the salaries and wages of the officials of the poorhouse and asylum in which the paupers had been maintained, and (2) of interest at 3 per cent. on the debt outstanding on the poorhouse and asylum buildings at the time the relief was granted. Muir v. Beattie, p. 350. Poor-Relief-Settlement-Jurisdiction- Alteration of Boundaries of Parish-Local Government (Scotland) Act 1889 (52 and 53 Vict. cap. 50), secs. 49 and 50. Section 49 of the Local Government Act empowers the Boundary Commissioners appointed under the Act to alter the boundaries of parishes. Section 50 authorises the local authorities affected by any such order to adjust their debts and liabilities by agreement, so far as affected by the order, and provides that failing such agreement the adjustment may be made by the Commissioners. The Boundary Commissioners pronounced an order detaching a piece of land from the parish of Melrose and annexing it to the parish of Galashiels. Shortly after the order had come into effect two persons resident within the transferred area applied for and received relief from the parish of Galashiels. One of these paupers had resided in the transferred area continuously for more than five years prior to the date of the order, and the other had been born there prior to the date of the order. In an action of relief at the instance of the Parochial Board of Galashiels, held (1)—distinguishing Parochial Board of Borthwick v. Parochial Board of Temple, July 17, 1891, 18 R. 1190-that the jurisdiction of the Court was not excluded by the provision empowering the Commissioners to adjust the liabilities of parishes; and (2) that Melrose Parish was bound to relieve the parish of Galashiels of the expenses of the paupers' maintenance, in respect that the order of the Commissioners altering the boundaries of the parishes did not affect the settlements which the paupers had acquired in the parish of Melrose prior to its date. Parochial Board of Galashiels v. Parochial Board of Melrose, p. 633. Poor's Roll-Admission Refused. An unmarried man earning 24s. a-week was refused admission to the poor's roll for the purpose of raising a petitory action for the sum of £40. Mackenzie v. Campbell, p. 594. Possession. See Sheriff. Power of Court to Dispense with Consents of Next Power of Partner to Bind the Firm. See Loan. Power of School Boards to Surrender Government sion. See Succes Powers of Police Commissioners to Prosecute under Premises Abutting on a Street. See Police. Prescription-Triennial Prescription-Act 1879. c. 83-Account-Current. Between the years 1877 and 1887 a cattle-dealer supplied a farmer with cows and potatoes to the value of £529, 10s., and received from him dung and cows and various cash payments which together amounted to £448. In an action for the balance of the account the Court sustained the defender's plea of prescription, holding that this was not a proper account-current between merchants, but only a trading account in which certain payments were credited, to which the principle of the case of M'Kinlay v. Wilson, November 13, 1885, 13 R. 210, did not apply. Batchelor and Others (Batchelor's Trustees) v. Honeyman P. 780. See Stream. Presence of Foreman. See Reparation. Printing Expenses. See Valuation Roll. Privity of Contract. See Agent and Client. Proceedings before Decree. See Reparation. Process-Multiplepoinding - Competency when Limited Company in Liquidation-DefenderCompanies Act 1862 (25 and 26 Vict. cap. 89), secs. 87 and 151-Action Premature. By sections 87 and 151 of the Companies Act 1862 it is provided that no first action or proceeding shall be proceeded with or commenced against a company which is being wound up under the supervision of the Court, except with the leave of the Court and subject to such terms as the Court may impose. One of a large number of subscribers to the guarantee fund of an exhibition association incorporated under the Companies Acts, and then being wound up under the supervision of the Court, having received intimation that the amount of his guarantee was claimed by the liquidator, and by a bank which alleged that the letter of guarantee had been hypothecated to the bank, raised an action of multiplepoinding without obtaining the leave of the Court, in which he called as defenders the liquidator, the bank, and an arrestor who had used arrestments in his hands of all sums due by him to the association. Held that the leave of the Court not having been obtained, the action was incompetent. Opinion that in any event the action was premature, there being no reasonable apprehension of accumulation of actions. Grieve v. Robertson (Liquidator of the International Exhibition Association, &c., 1890) and Others, p. 20. Process-Lis alibi pendens. A person brought an action of damages for personal injury in the Sheriff Court which was dismissed as irrelevant, and in which expenses were found due to the defenders. Thereafter, but before the defenders' account of expenses had been taxed, he brought au action against them in the Court of Session founding upon the same circumstances. Plea of lis alibi pendens sustained. Porteous v. Caledonian Railway Company, p. 21. Reclaiming-Note-Competency-Failure to Deliver Copies to Opposite Agents-6 Geo. IV., cap. 120. sec. 18-Expenses. A reclaimer boxed his reclaiming-note on the second boxday in the summer vacation, but omitted to send copies to the opposite agent before the case appeared in the Single Bills on the 1st sederunt day. On a motion to have the reclaiming-note dismissed, the Court (1) held, following Campbell's Trustees v. Campbell, March 7, 1868, 6 Macph. 563 (dub. Lord Justice-Clerk), that such a failure if no prejudice was suffered by the opposite party would not render the reclaiming-note incompetent, and (2) (diss. Lord Justice-Clerk), deferred consideration of expenses till the decision on the merits. Smith v. Allan and Sons, p. 28. Appeal Whether Appeal Barred by Implement of Decree. A magistrate of a royal burgh, on a complaint by the procuratorfiscal, ordered the respondent to find caution that he would have his dog securely fastened up, and failing caution within twenty-four hours granted warrant to officers of court to take possession of and destroy, or otherwise secure and safely dispose of the dog. respondent found caution, and appealed against the judgment of the Court of Session. Held that he had not so implemented the decree as to bar his right of appeal. Gaffney v. Rowan, p. 46. The Appeal to House of Lords-Leave to Appeal-Interlocutory Judgment - Possibility of Two Appeals. Circumstances in which the Court refused a petition for leave to appeal to the House of Lords against interlocutors which did not exhaust the conclusions of the action. Edinburgh Northern Tramways Company v. Mann and Beattie, p. 51. Appeal to House of Lords - Effect of Intimation of Order of Service. Intimation of an order for service on an appeal to the House of Lords renders any further procedure in the Court of Session incompetent. Edinburgh Northern Tramways Company v. Mann and Beattie, p. 46. Appeal-Competency. In an action raised in a Sheriff Court, the Sheriff after certain findings assoilzied the defenders and found the pursuer liable in expenses. The pursuer having appealed, the First Division on 17th March 1891 affirmed the Sheriff's interlocutor as regarded certain of its findings, assoilzied the respondent, and found the appellant liable "in the expenses in this Court.' The process having been re-transmitted to the Sheriff Court, the defenders had the account of expenses incurred by them in the Sheriff Court taxed, and the Sheriff-Substitute granted decree in their favour for the taxed amount. On appeal the Sheriff adhered. Held (1) that the interlocutor of the First Division of 17th March having exhausted the cause, the interlocutors subsequently pronounced in the Sheriff Court were incompetent; and (2) that it was competent to appeal against them. M'Gillivray v. Mackintosh and Another, p. 56. Process-Appeal to the House of Lords-Leave to Appeal Interlocutory Judgment. Circum stances in which the Court refused a petition for leave to appeal to the House of Lords against an interlocutory judgment. The Caledonian Insurance Company, Petitioners, p. 75. Appeal-Competency Judicature Act 1825 (6 Geo. IV. c. 120), sec. 40—A.S., July 11, 1828, sec. 5. An appeal for jury trial from a Sheriff Court having been sent to the roll, the respondent, when the case came out for hearing, objected to the competency on the ground that the appeal had not been taken within fifteen days of the interlocutor allowing a proof. Held (following Shirra v. Robertson, June 7, 1873, 11 Macph. 660) that the Court were bound to determine the question of competency although it had not been raised in the Single Bills, and the appeal dismissed Hillhouse v. Walker, p. 85. Summons-Declarator-Payment — Competency. Two limited companies bought separately from the firm of B & Company several properties at prices amounting in all to £79,000. A shareholder in the two companies sued these companies and their directors, and the private firms of B & Company and F & Company, for declarator that the sale of these properties was null and void, and that the directors of the two companies were not entitled to enter into the sale, and to have the two firms ordained to repay the sum of £79,000 to the two companies in the proportions paid by each respectively, or to have the directors of the two companies ordained to pay to them the sum of £79,000. The pursuer did not seek reduction of the sale. alleged that the two firms were represented in the directorate of the two companies; that B & Company were indebted to F & Company; and that by a fraudulent scheme among the partners of the firms the properties, which were valueless, were sold to the companies in order to raise money to pay B & Company's alleged debt. Held that the action was incompetent in respect (1) that even assuming the alleged fraudulent scheme, the contract induced thereby was not void but only voidable; (2) that it proceeded on two distinct and separate wrongs against two distinct and separate persons; (3) that it concluded for a lump sum as the amount of the loss sustained He by two persons. Smyth v. Muir and Others, p. 94. Process--Appeal--Competency--Interlocutory Judgment-Court of Session Act 1868 (31 and 32 Vict. c. 100), sec. 53. In an action of multiplepoinding raised in a Sheriff Court, the Sheriff-Substitute pronounced an interlocutor finding that the pursuers and real raisers were entitled to be ranked on the free fund in medio, to the extent of the said free fund, in terms of their claim, and quoad ultra continuing the cause, On an appeal being taken to the Sheriff, a joint minute was lodged for all the claimants stating that they were agreed, in order to curtail the expense of litigation, and to enable parties to obtain the judgment of the Inner House, to crave the Sheriff to dismiss the appeal, and find all the claimants entitled to their expenses out of the fund. The Sheriff granted decree as craved in the joint minute. Held that an appeal to the Court of Session was incompetent, in respect that a final judgment had not been pronounced in the Sheriff Court. Diverall v. Governors of Strichen Endowments, p. 102. Proof-Title to Sue-Liquidator of Public Company Opening of Closed Proof to Receive Document of Title-Discretion of Court. The liquidator of a limited company produced as his title te sue in an action a copy of the minutes of the company which had not been certified by the proper officer, and he did not produce a certified copy till the proof was closed. Held that it was within the discretion of the Court to open up the proof and admit the document of title. Lowenfeld (Liquidator of the Universal Stock Exchange Company, Limited) v. Howat, p. 119. Authority to Correct Error in Note and Extract Decree. The liquidators of the Benhar Coal Company presented a note to the Court setting forth that they had in 1882 sold the superiority of certain ground feued by the company to a Mr Renton under the authority of the Court; that after the sale was completed, it had been discovered by the purchaser's agents that in the note craving authority to sell, and in the extract-decree thereafter obtained, the date of the feu-contract, under which the ground was held by Mr Renton, had been wrongly stated as 24th and 29th September 1878 instead of 24th and 27th September 1878. The liquidators therefore prayed the Lord President "to move the Court to authorise the correction of the foresaid error in said note, and also to grant warrant to the Principal Extractor of Court to make the corresponding alteration on the extract of the decree thereafter pronounced, and to the Deputy Keeper of the Records to make the corresponding alteration in the record copy of the said decree, by substituting the date 24th and 27th September as the proper date of said feu-contract in place of 24th and 29th September. Reference was made to the following authorities-Hope v. Hamilton, July 1, 1851, 13 D. 1268; Small's Trustees, July 5, 1856, 18 D. 1210. The Court granted the prayer of the note. Smith & Turnbull (Liquidators of the Benhar Coal Company, Limited), p. 137. Process-Reparation-Damages-Proof or Jury Trial. While a heap of stones on the side of a road were being broken for road-metal, a splinter of stone struck and injured a passerby. He sued the road contractor for damages, and averred that the site of the heap was illchosen, that there was special danger from the kind of stone used, and from the proximity of a wall, which affected the flight of the splinters. The Lord Ordinary having appointed proof before answer, the Court refused to send the case to trial by a jury. Weir v. The Inverness County Council, p. 137. Appeal to House of Lords-Leave to Appeal-Interlocutory Judgment-48 Geo. III. c. 151, sec. 15. In an action by the Crown for legacy-duty and inventory-duty the defender objected that the property in question had never vested in his ancestor, and therefore was not suject to taxation, but the Court decerned in terms of the summons, and ordered accounts to be lodged in order that the amount of the duty exigible should be ascertained. The defender applied for leave to appeal to the House of Lords, on the ground that the sequel of the case would consist of an accounting, and was entirely separable from the questions which had been decided, and that the judgment of the House of Lords, even if affirmative, might affect the treatment of the said accounting. The Court granted leave to appeal. The Lord Advocate v. The Duke of Hamilton, p. 272. Service-Brieve of Terce-Application for Sist. A woman having obtained a brieve from Chancery as the widow of A. P., applied to the Sheriff to be served to a terce of his lands. Before trial of the brieve the heir-at-law appeared and stated that she had never been lawfully married to the deceased, that assuming the validity of her marriage, she had accepted a conventional provision from her husband which barred her claim of terce, that he was about to bring an action of declarator in the Court of Session to have it found that she was not entitled to terce for these reasons, and that an action of multiplepoinding, in which the question of her status was raised was already in dependence in that Court. He therefore craved the Sheriff to sist proceedings until these questions had been determined in the Court of Session. Held that the Sheriff was right in refusing the sist craved. Craik v. Penny, p. 287. Service-Brieve of Terce-Appeal-Competency. Opinions by the Lord President and Lord M'Laren that an appeal is competent before trial of a brieve of terce for the purpose of removing it to the Court of Session for trial there. Observations as to the competency and effect of an appeal after verdict. Opinion by Lord M'Laren that under a brieve of terce it is competent for the inquest to consider whether the widow has debarred herself from claiming terce by having accepted a conventional provision from her husband. Craik v. Penny, p. 287. Process-Jury Trial-Reparation-New Trial on Ground of Excess of Damage. A pursuer having obtained a verdict for £1800 in an action of damages for injuries sustained in a railway collision, the defenders applied for a new trial on the ground that the damages awarded were excessive. The evidence showed that the pursuer had received a severe blow on the head, which shattered his nose, and inflicted upon him a serious nervous shock. The shape of his nose was permanently altered, and he was to a certain extent but not greatly disfigured. His health was much broken by the shock he had sustained, and it was a year before he could work a full day at his business, which was that of a yarn and cloth merchant. At the date of the trial, fifteen months after the accident, he was still suffering from symptoms of nervous shock, and his capacity for business was still much impaired. He had also completely and, in the opinion of the medical experts examined, permanently lost his sense of smell, which was proved to be of special value in his business as a means of detecting certain defects in yarn. With the sense of smell he had also lost the sense of flavour. From the medical evidence it appeared probable that the pursuer's recovery from the shock he had sustained would ultimately be complete, but that it would not be rapid. The outlays which the accident had entailed on the pursuer amounted to £213, 9s. did not allege any specific loss of business as the result of the accident. The Court declined to grant a new trial, holding that the award of damages was not altogether unreasonable, although higher than the Court, sitting as a jury, would have made. M'Laurin v. North British Railway Company, p. 291. He Appeal Jury Cause-Judicature Act 1825 (6 Geo. IV. cap. 120), sec. 40. An action of damages for assault having been appealed by the pursuer under the 40th section of the Judicature Act for jury trial, the defender moved the Court to remit the case back to the Sheriff for proof. The Court held that the case should be dealt with as if it had originated in the Court of Session, and remitted it to a Lord Ordinary for trial by jury. Crabb v. Fraser, p. 445. Witness-Examination on Oath-Evidence in Foreign Suits Act (19 and 20 Vict. cap. 113-The Extradition Act 1870 (33 and 34 Vict. cap. 52). A petition under these Acts for examination upon oath of a witness resident within the jurisdiction of the Court of Session, in relation to a criminal trial pending before a court in a foreign state, granted. Quosbarth, Petitioner, p. 456. Time Decree ad factum præstandum. Fixed for Implementing Decree-Superior and Vassal-Failure to Erect Buildings as required by Feu-Disposition. A superior sought to have his vassals, who had failed to erect buildings as required by the feu-disposition, |