Malice in Issue. See Reparation. Manse. See Church. In March Fence. See Property. Market Garden. See Landlord and Tenant. Marriage-Contract-Provision for Widow -Gift of "Liferent Use" of House-Right of Occupancy-Incidence of Rates. the antenuptial contract of marriage a husband, inter alia, assigned and disponed to his wife in absolute property the whole household furniture in or about his house at the time of his death, "and also the liferent use of any one house he may die possessed of." By his trustdisposition and settlement the husband conveyed his whole means and estate to trustees, to be applied, inter alia, in implementing the provisions in the marriage-contract. The husband died possessed of one house which he had burdened to over two-thirds of its value. The house was let at the time of his death. Held (dub. Lord Young) that the gift was not one of proper liferent, but only of a right of occupancy, and that the widow was liable only for rates payable in respect of occupancy, and that she was entitled to the rent of the house without deduction of the interest payable on the bonds. Clark v. Clark, January 19, 1871, 9 Macph. 435; and Bayne's Trustees v. Bayne, November 3, 1894, 22 R. 36, followed. Cathcart's Trustees v. Allardice, p. 252. See Succession. A Married Woman Carrying on Business in Maiden Name. See Husband and Wife. Master and Servant-Workmen's Compensation Act 1897 (60 and 61 Vict. cap. 37), secs. 1 (1) and (2) (c)—“ Accident Arising out of and in Course of Employment""Serious and Wilful Misconduct." farm servant was employed on the platform of a steam threshing-machine, her duty being to pass the sheaves to the millman. She was specially directed to remain at her place, and was warned of the danger of moving about. Notwithstanding, in the absence of the millman, she attempted to step across the opening into the mill through which the machinery was fed with sheaves, as she wished to speak to a girl on the other side. In crossing the opening her foot slipped in and her leg was cut off. Held (1) that the accident was not one arising out of and in the course of employment within the meaning of the Workmen's Compensation Act 1897; and (2) that the injury was attributable to serious and wilful misconduct on the part of the injured person, and that compensation was therefore not recoverable under the Act. Callaghan v. Maxwell, p. 313. Master and Servant. See ReparationAgent and Principal. Memorandum of Agreement. See Repara tion. Memorial to Reporters. See Process. Mineral Lease. See Lease. Minister's Stipend. See Bankruptcy. Mode of Appointment. See Justiciary Cases. Negligence. See Trust-Reparation. Negligence of Foreman. See Reparation. Negligence with respect to Safety of Public. See Reparation. Net. See Salmon-Fishing. Next-of-Kin. See Succession. Noble Officium - Change of SurnameChartered Accountant. Petition by Chartered Accountant holding certain official positions to which he had been appointed by the Court, for authority to assume a new surname in exercising these offices, and to ordain the petition and the Court's deliverance thereon to be recorded in the Books of Sederunt, refused as unnecessary. Robertson, Petitioner, p. 82. See Trust-Judicial Factor-Charitable Trust. Non-Timeous Insertion. See Bankruptcy. Notary-Public. See Administration of Justice. Notice. See Poor. Notice of Accident. See Reparation. Notour Bankruptcy. See Bankruptcy. Nuisance-Water Pollution-Superior Permitting Feuar's Sewage to Run through his Lands on to Property of Another Superior and Vassal-Joint Delinquents-Interdict. A superior feued part of his ground to a feuar, the titles providing that the superior was to be at no expense whatever in connection with drains, drainage, or sewage, except to provide a proper outlet for the same. The feuar sent his sewage through pipes on to the superior's lands, under an arrangement to the effect that the superior was to dispose of it by means of cesspools, but he failed to do so efficiently, and the sewage flowed down through a pipe, which the feuars had been allowed to lay in the lands of a neighbouring proprietor for the purpose of carrying off surface water only, into a water course upon that proprietor's lands, and polluted the water therein to his nuisance. Held that, in a question with the injured third party, the feuar who produced the nuisance, and the superior who allowed it to pass through his land on to the other's property, were joint wrongdoers, and were both liable to interdict. Kincaid Smith v. Cameron, p. 900. Nullity. See Justiciary Cases. Objections to Title. See Sale. Obligation to Repair Servitude Road. See Obligation to Take Over Stock. See Lease. Occupancy Franchise. See Election Law. Occupier. See Revenue-Reparation. Occupier of Factory. See Reparation Offer and Acceptance,__ See Contract. Omission of Notice to Keeper of Rolls. Process. See Omission of Reference to Section of Statute. See Justiciary Cases. Omission to Allege that Vaccinator Ten- Onus. See Superior and Vassal. Outer or Inner House. See Trust. Pactum Illicitum. See Bankruptcy. Parent and Child-Father as Administrator-at-Law-Extrajudicial Settlement of Action of Damages Raised by Father as Tutor for Pupil Child. Held that a father, who as tutor for his pupil son had raised an action of damages for injury received by his son, was entitled to settle the action extrajudicially without the concurrence of the Court before which the action was depending. Gow v. Henry, p. 40. Custody of Children - Petition for Custody Superseded by Action of Divorce. When a husband who was the petitioner in a petition for the custody of his children subsequently raised an action of divorce against his wife, the Court sisted the petition to await the result of the action of divorce. Paterson v. Paterson, p. 60. Illegitimate Child-Right to Aliment Contract with Third Party to Support Child. In an action for aliment at the instance of an illegitimate child against the executor of her deceased father, the defender pleaded that the child was in the custody and under the care of a third party, who had entered into an agreement with the father to adopt her, and had received from him certain sums of money in consideration thereof, and that the child was accordingly barred from suing for aliment. It was proved that the child, who was twelve years of age, was in delicate health, and was likely to continue so, and that the person with whom she was living was not in a position to continue supporting her without assistance. The Court held that the child's claim to aliment from her father was not barred by an arrangement to which she had not been a party, and that she was entitled to aliment so long as she was unable to support herself, and in the circumstances proved fixed the amount at £20 per annum. A B v. C D's Trustee, p. 421. Aliment-Liability of Father for Aliment of Children after Divorce Husband and Wife - Divorce. Held (rev. judgment of Lord Kincairney) that a husband who has been divorced by his wife continues thereafter to be primarily liable for the whole aliment of the children of the marriage. Foxwell v. Robertson, p. 726. Parent and Child-Illegitimate Child-Aliment-Offer by Father to Place Male Child of Seven Years in Care of a Stranger. An offer made by the father of an illegitimate male child, to place it in the care of a stranger, is a good defence to a claim by the mother for future aliment, provided that the Court is satisfied as to the suitability of the person in whose custody the father proposes to place the child. Moncreiff v. Langlands, p. 845. See Husband and Wife. Parish Trust or Ecclesiastical Charity. See Local Government. Parole Evidence. See Proving the Tenor— Agent and Principal Justiciary Cases. Parole or Writ or Oath. See Agent and Client. Partnership-Delegation Discharge Accession to Trust Deed-Liability of Retired Partner for Debts Taken Over by New Firm Partnership Act 1890 (53 and 54 Vict. cap. 39), sec. 17, sub-sec. 3. Under the trust-deed and settlement of A, a partner in the firm of A & Co., B and C, two of the three remaining partners, became the only trustees. Under the trust-deed the trustees had power to allow the truster's capital in the business to remain as a loan to the firm, and the amount of this capital was ascertained and continued in the business, although no formal obligation for it was ever undertaken by the partners. D, the remaining partner, afterwards retired under an arrangement by which B & C paid him £9000 for his interest, undertook to relieve him of all debts, and exhibit discharges therefor, and took over the assets. The new firm, composed of B & C, paid one-half year's interest on the debt due to A's trustees, and about ten months after D's retirement, B & Clas trustees granted in favour of the old firm and of D a discharge of the debt due to the trust. One month afterwards the firm of A & Co. became insolvent, and granted a trust-deed for behoof of their creditors. B and C resigned their position on A's trust, and new trustees were appointed, who ranked on the firm's estate and received a dividend. They then brought an action against D concluding for reduction of the discharge and for payment of the balance of the debt. Held (rev. judgment of Lord Kincairney, Ordinary) that the pursuers were entitled to decree, in respect (1) that payment of interest by the new firm did not operate as novation or delegation of the debt, or discharge the old firm under the provisions of section 17, sub-section 3, of the Partnership Act 1890; (2) that in the circumstances the discharge was a breach of trust on the part of B & C, from which D, who had given no consideration for it, could not profit; and (3) following Morton's Trustees v. Robertson's Judicial Factor, Nov. 22, 1892, 20 R. 72, and distinguishing Scarf v. Jardine, June 13, 1882, 7 App. Cas. 345) that the trustees did not discharge D by ranking on the estate of the new firm. Patrick and Another (Smith's Trustees) v. Smith, p. 557. Personal Obligation of Married Woman. House of Lords. Petition to Declare Sequestration at an Petition to have Name of Law-Agent and See Poaching. See Justiciary Cases. Police-Burgh Police Act 1892 (55 and 56 Vict. cap. 55), sec. 81-Local Government (Scotland) Act 1889 (52 and 53 Vict. c. 50), sec. 60. Held that section 81 of the Burgh Police Act 1892 extends the provisions of the Local Government Act 1889, with reference to the policing of burghs with a population under 7000, to burghs with a population over 7000 and under 20,000 and not maintaining a separate police force of their own; and consequently that a county council is not entitled to meet the cost of policing such a burgh by levying a direct assessment upon lands and heritages within that burgh. Town Council of Peterhead and Others v. Aberdeenshire County Council and Others, p. 14. Sewer-Assessment · Sewer along Public Street - Liability of Adjoining Proprietors for Expense-Glasgow Police Act 1866 (29 and 30 Vict. cap. 235), secs. 328 and 329. By section 328 of the Glasgow Police Act 1866 it is provided that the magistrates shall make provision for draining in a suitable manner the portions of the turnpike road within the city and the public streets. By section 329 it is provided that proprietors of lands and heritages adjoining any part of a turnpike road within the city or public street in which no ordinary public sewer previ ously existed, shall be bound to relieve the magistrates of the expense of constructing an ordinary public sewer for the drainage thereof in proportion to their frontages, so soon as some building is erected on a land or heritage adjoining such road or street. Held (1) that by "an ordinary public sewer" is meant a sewer for carrying off the sewage of houses, and not merely for draining the surface of the road or street; (2) that a proprietor was not relieved from liability under section 329 because he had already an effective system of drainage; (3) that a proprietor's liability was not affected by the fact that the sewer was used for the drainage of other streets or districts outwith the particular street or district in which his property was situated; and (4) that his liability was not affected by the fact that prior to the making of the sewer in the road or street adjoining his property a public sewer had previously existed in the same road or street 200 yards to the west of his property. Corporation of Glasgow (Police Department) r. Morton, p. 177. Police-Street-New Street-Court-Width -Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55), secs. 4 (10) (31), and 152. By section 152 of the Burgh Police (Scotland) Act 1892 it is provided that "It shall not be lawful to form or lay out any new street or part thereof, or court, within the burgh unless the same... be at least 36 feet wide for the carriageway and foot-pavements, and no dwellinghouse shall be built in any such street or court which shall exceed in height.. one and a quarter times the width of such street. In an application for warrant to erect a lodging-house within a burgh, the petitioner proposed to take down part of the dwelling-houses fronting upon a street, and thus provide an open space to give entrance to the site of the proposed lodging-house, which was behind the existing houses. The open a space thus formed also served as through passage to a public washinggreen. It was proposed to put up a gate at the entrance to the street, and a fence at other end of the passage adjoining the washing-green. The width of the proposed open space was less than 36 feet, and the height of the proposed building Iwas more than one and a quarter times the width of the open space. the open space was not a the meaning of the section, inasmuch as the lodging-house did not constitute or contain "premises separately occupied," but that it was a street, and that accordingly the petitioners' proposals did not comply with the requirements of the statute. Hamilton Model Lodging-House Company, Limited v. Watson, p. 326. Held that "court" within Open Space Attached to Dwelling-Houses Buildings-Light and Ventilation-Burgh Police (Scotland) Act 1892 (55 and 56 Vict. cap. 55), sec. 170. The Burgh Police (Scotland) Act 1892, section 170, enacts that "every building erected for the purpose of being used as a dwelling house... shall have all the rooms sufficiently lighted and ventilated from an adjoining street or other open space directly attached thereto equal to at least three-fourths of the area to be occupied by the intended building." All the rooms in a proposed building were de signed to have each a door and a chimney and one window which opened upon a court containing more than the minimum area specified in the section, and belonging to the proprietor of the proposed building. Held that the provisions of the statute as to ventilation and lighting had been sufficiently complied with. The section does not require that there should be any open space upon more than one side of a proposed building, provided that all the rooms in it have windows which look out upon some open space which satisfies the requirements of the statute. When all the rooms are each provided with a door, a chimney, and a window opening upon a space which satisfies the requirements of the statute, the Dean of Guild is not entitled to refuse a lining upon the ground that, looking to the character of the locality, of the proposed building, and of the buildings already erected upon the proprietor's ground, and to the class of tenants to be expected, the arrangements made are not such as in fact to secure the adequate lighting and ventilation of the rooms. Brown v. Young, p. 466. Police. See Burgh. ment-Notice · Police Constable. See Trespass. Poor-Relief-Liability of Parish of SettleRegulations of BoardUltra vires-Poor Law Act 1815 (8 and 9 Vict. c. 83), secs. 71 and 90. Section 71 of the Poor Law Act 1845 provides that where a parish affords relief to a destitute person, the charge thereby incurred may be recovered from the parish in which such person has a settlement, provided that written notice of such poor person having become chargeable shall be given to the inspector of poor of the parish or combination to which such poor person belongs; and the parish or combination affording relief shall not be entitled to recover for any charges or expenses incurred in respect of such poor person except from and after the date of such notice." By section 90 of the same Act it is provided-"That in all cases in which, by the provisions of this Act notice or intimation is required to be given, without prescribing the particular form of the notice or the manner in which the same is to be given, it shall be lawful for the Board of Supervision from time to time to fix the form of such notice or intimation, and the manner in which the same is to be given." Under this latter section the Board issued a regulation providing that notices under section 71 should be sent "with a statement of the circumstances." The parish of A relieved a pauper belonging to the parish of B, and sent a notice to the inspector of B, stating the name of the pauper claiming relief, and promising that the grounds of this claim would be sent at an early date. In an action of relief by the parish of A against the parish of B, held (1) that the notice given was sufficient under section 71; (2) that the regulations by the Board under section 90 were merely administrative, and their non-observance could not involve the forfeiture of the right of relief; but (3) that the defenders were entitled to a proof of their averment that they had been prejudiced by the form of the notice in support of a plea of mora. Parish Council of Cathcart v. Parish Council of Houston, p. 261. Police-Settlement-Derivative Settlement --Residential Settlement-AcquisitionPoor Law Amendment (Scotland) Act 1845 (8 and 9 Vict. c. 83), sec. 76-Poor Law (Scotland) Act 1898 (61 and 62 Vict. c. 26), sec. 1-" Chargeable to Parish." The 78th section of the Poor Law Act of 1845 provided that "no person shall be held to have acquired a settlement in any parish by residence therein unless such person shall have resided for five years continuously in such parish." Section 1 of the Poor Law Act of 1898 repeals the above section "and in lieu thereof " enacts that "from and after the commencement of this Act no person shall be held to have acquired a settlement in any parish.. unless such person shall either before or after, or partly before and partly after, the commencement of this Act have resided continuously in such parish." The section contains a proviso to the effect that nothing in the Act shall-until the expiration of four years from its commencement-affect any persons who at the commencement of the Act are chargeable to any parish in Scotland." Section 10 of the Act of 1898 provides that the Act is to come into operation on October 1st 1898. P., who was born in the parish of Stirling, resided from Whitsunday 1895 to September 23rd 1898 in the parish of Govan, and died on the lastnamed date. His wife resided with him during this period. After the death of her husband, Mrs P. on 27th September 1898 applied to the inspector of the parish of Govan for relief. On 5th October 1898 she was certified by the parochial doctor to be a proper object of parochial relief, and on the same day relief was granted to her, and notice was given to the parish of Stirling that she had "as a pauper become chargeable on the parish.' The pauper thereafter applied for and was granted relief in the parish of Falkirk. In an action at the instance of Falkirk parish against the parishes of Stirling and Govan, held (1) (diss. Lord M'Laren) that the effect of section 1 of the Act of 1898 was to substitute three years for five as the period requisite for the acquisition of a residential settlement, and that consequently as the husband had resided in Govan for more than three years before his death, the derivative settlement of his wife was in the parish of Govan; and (2) that Mrs P. was not "chargeable" to any parish at the commencement of the Act in the sense of the proviso in section 1 of the Poor Law Act of 1898, the test of chargeability being actual admission to the poor's roll, and that accordingly the case did not fall within the proviso. Observations (per Lord Kinnear) on the meaning of "derivative settlement." Parish Council of Falkirk v. Parish Councils of Stirling and Govan, p. 759. Police. See Local Government. Poor's Roll. See Process. Positive Prescription. See Prescription. Postponed Payment. See Succession. Postnuptial Provision. See Husband and Wife. Possession. See Lease. Possession of Heritable Property within Possessory Action. See Process. Power to Appoint and Pay Trustee as Power to Carry on Manufacturing Business. See Trust. Power to Excamb. See Sale. Power to Exclude Representative of De- See Power to Sell Heritage. See Sale. Practice where Second Appeal. See Process. Prescription-Triennial-Salary of Sanitary Officer Written Obligation -- Act 1589, c. 83. Held (a) (rev. judgment of Lord Kincairney, Ordinary), that the salary of a sanitary officer in a burgh falls under the triennial prescription; (b) that an averment by a pursuer that he had formerly held the appointment of sanitary inspector on a written agreement, and that on a certain date that appointment had been superseded, and he had been appointed, by resolution of the commissioners of the burgh, to a variety of offices involving the same duties which he had formerly performed, did not amount to a relevant averment that arrears of salary due to him since the date of his new appointment were founded on a written obligation so as to elide the plea of prescription; and (c) that the fact that the amount of an official's salary had never been definitely fixed did not prevent its falling under the triennial prescription. Magistrates of Falkirk v. Neilson, p. 71. Fositive Prescription Ex facie Valid Title · Conveyancing (Scotland) Act 1874 (37 and 38 Vict. cap. 94), sec. 34. In a codicil a testator directed his trustees on his death to convey certain heritable subjects to his two daughters nominatim in liferent allenarly, and to the issue of his said daughters equally among them per stirpes in fee. The deed contained a precept of sasine. Some years after the testator's death the trustees, on the narrative of the codicil, assigned to the elder daughter nominatim and her four surviving children |