Pollok v. Workman, 270 V. Portobello Female School Trustees, Petitioners, 311 Postmaster-General, Corporation of Glasgow v., 378 Provident Bank of Scotland, Limited, Galbraith v., 865 Purves v. Groat, 875 Purves v. L. Sterne & Company, Limited, 696 Quillan, Winn v., 38, 234 Rafferty, Hay v., 221 Reid's Trustees, Robinson v., 718 Richter, Ensor's Trustees v., 424 Robertson v. Robertson's Executors, 58 Ross and Cromarty Assessor, The British Oil and Guano Company, Limited v., 659 Ross, Brown v., 1 Russell v. Farrell, 699 Russell v. M'Cluskey, 931 Russell v. Macknight's Trustee, 380 Salvesen & Company, Stewart's Trustee v., 772 Schulze & Company, Lupton & Company Scott v. Wilson, 408 Scott's Trustees (Nisbett and Another) v. Scottish Freestone Quarries, Limited v. Assessor for Dumfries, 660 Scottish Widows' Fund and Life Assurance Society, Barras v., 831 Seaton Brick and Tile Company, Limited v. Mitchell, 400 Sempill, Dunlop v., 750 Seton v. Linlithgow Burgh Commissioners, 715 Shannessy, Stewart v., 971 Shaw, Macfarlane & Company v. Waddell & Shaw's Trustees v. White, 895 Sim v. Duncan and Others, 332 Smith, Patrick and Another (Smith's Smith's Trustees v. Smith, 509 Smith's Trustees (Patrick and Another) v. Smith, 557 Snodgrass v. Hunter, 60 Somerville v. Sutherland, 128 Somerville, Mackenzie v., 926 Somerville, Mackenzie's Trustees v., 953 Sproll v. Walker, 54 St Cyrus District Committee of County Council of Kincardine, Grahame's Curator Bonis v., 479 Wilson v. Gilchrist, 300 Wilson, Scott v., 408 Wilson's Trustees v. James Watson & Wilson's Trustees v. Landale, 791 Wiseman and Others (Gould's Trustees), Wishaw Burgh Commissioners v. Cleland Co-operative Society, 46 Wood v. North British Railway Company, 6 Wood's Trustees v. Wood, 671 Young's Collieries, Limited, Bankier Distillery Company v., 35 Young, Brown v., 466 Yeaman, Matheson v., LORDS CASES. 681 Great North of Scotland Railway Company v. Duke of Fife, 630 Greville-Nugent v. Greville-Nugent's Trustees, 618 Stewart v. Maclaine, 623 Wedderburn v. Duke of Atholl, 686 INDEX OF STATUTES. A.S., February 1, 1715, p. 415 A.S., February 16, 1841, pp. 34, 380 5 Geo. IV. c. 87 (Aberdeen Act), p. 836 6 Geo. IV. c. 120 (Judicature Act 1825), pp. 455, 815 9 Geo. IV. c. 58 (Home Drummond Act 1828), p. 578 1 and 2 Will. IV. c. 43 (General Turnpike Act 1831), pp. 119, 479 7 Will. IV. and 1 Vict. c. 36 (Post Office Act 1837), p. 18 1 Vict. c. 41 (Small Debt Act 1837), p. 752 8 and 9 Vict. c. 17 (Companies Clauses Consolidation (Scotland) Act 1845), p. 514 Act 1579, c. 83, pp. 71, 707 Act 1641, c. 41, p. 28 Act 1663, c. 21, p. 620 Act 1707, c. 9, p. 455 39 and 40 Geo. III. c. 98 (Thellusson Act 1800), p. 140 8 and 9 48 Geo. III. c. 55 (Inhabited House Duty c. 19 (Lands Clauses Consolidation (Scotland) Act 1845), pp. 150, 370 c. 33 (Railway Clauses Consolidation (Scotland) Act 1815), pp. 168, 514, 630, 881 8 and 9 Vict. c. 83 (Poor Law (Scotland) 13 and 14 ... 13 and 14 ... 14 and 15 16 and 17 16 and 17 ... 17 and 18 ... 19 and 20 ... 20 and 21 ... 24 and 25 25 and 26 25 and 26 25 and 26 ... 26 and 27 27 and 28 ... 30 and 31 ... 30 and 31 30 and 31 31 and 32 31 and 32 31 and 32 31 and 32 34 and 35 c. 36 (Court of Session Act c. 92 (Cruelty to Animals c. 119 (Betting Act 1853), p. c. 91 (Lands Valuation (Scot- c. 56 (Distribution of Busi- c. 35 (Public Houses Acts c. 89 (Companies Act 1862), c. 97 (Salmon Fisheries Act c. 114 (Poaching Prevention c. 108 (Vaccination Act 1863), c. 53 (Summary Procedure c. 96 (Debts Recovery Act c. 101 (Titles to Land Consoli- c. 100 (Court of Session Act c. 101 (Titles of Land Act c. 34 (Debtors (Scotland) Act c. 42 (Employers Liability c. 22 (Bankruptcy and Cessio c. 57 (Patents, Designs, and 48 and 49 Vict. 48 and 49 50 and 51 50 and 51 51 and 52 52 and 53 53 and 54 53 and 54 54 and 55 54 and 55 54 and 55 55 and 56 56 and 57 56 and 57 57 and 58 57 and 58 57 and 58 c. 119 (Regulation of Railways 58 and 59 35 and 36 c. 62 (Education (Scotland) 58 and 59 59 and 60 c. 70 (Sheriff Courts (Scot- 60 and 61 c. 26 (Companies Act 1877), c. 50 (Sheriff Courts (Scot- c. 15 (Customs and Inland 60 and 61 60 and 61 61 and 62 c. 16 (Registration Amend- c. 68 (Criminal Law Amend- c. 25 (Railway and Canal c. 62 (Companies (Memor- C. 30 (Law Agents and c. 39 (Stamp Act 1891), p. 736 c. 55 (Burgh Police (Scotland) c. 60 (Merchant Shipping Act c. 71 (Sale of Goods Act 1893), c. 13 (Arbitration (Scotland) c. 57 (Diseases of Animals c. 41 (Lands Valuation (Scot- c. 25 (Friendly Societies Act c. 22 (Market Gardeners Com- c. 37 (Workmen's Compensa- INDEX OF SUBJECTS. Absence from United Kingdom. See Trust. See Accession to Trust-Deed. See Partnership. Accommodation Works. See Railway. Accumulation of Income. See Trust. See Contract. Action to Enforce Order. See Friendly Law-Agent- Duly Qualified" Law-Agent- Certificate of any person whomsoever. Innes v. M'Donald, p. 7. Administration of Justice Law-Agent -Law-Agents (Scotland) Act 1873, secs. 14 and 22-Removal of Law - Agent's Name from Roll Title to Petition · Injury. In a petition by AB, who was not a solicitor or a member of any lawagent's society, it was averred that C D, an enrolled law-agent, while acting as agent for the vendors of certain property, had wilfully concealed an offer made by the petitioner, in consequence of which the property was sold to another offerer to the petitioner's prejudice. It was admitted that the offer finally accepted was higher than the petitioner's, and that before the final offer was accepted the respondent disclosed the petitioner's offer to the vendors. The petitioner prayed the Court to remove the law-agent's name from the rolls. Held that the petitioner had made no relevant averment of injury, and that therefore he had no title to present the petition. Question reserved I Whether a private person who made a relevant averment of injury by the conduct of a law-agent would have a title to present a petition to remove his name from the roll? Observed by Lords Adam and M'Laren that such a petition should first be intimated to the law-agent's society of which the respondent is a member. Å B v. C D, p. 52. Law-Agent-Misconduct-Removal of Name from Roll-Title to Sue - Notary. Public-Law-Agents (Scotland) Act 1873 (36 and 37 Vict. cap. 63), sec. 22. that the Faculty of Procurators in Glasgow had a good title to present a petition for the removal from the roll of law-agents and list of notaries-public, in respect of professional misconduct, of a law agent who had recently been a member of their body but had been expelled from it. A & B, the partfirm of law agents and ners of a Held notaries-public, were each tried on a charge of embezzlement of money belonging to the clients of the firm. A was convicted; B was acquitted, but the jury added to their verdict a record of "their strong opinion of the gross carelessness and neglect he had shown as a partner of his firm." Averments on which, in a petition for the removal of B's name from the roll of law-agents and list of notaries-public for professional misconduct, the Court allowed a proof. Faculty of Procurators in Glasgow v. Colquhoun, p. 909. Administration. See Sale-Trust. Admissibility of Evidence Decree. See Executor. agent for his business account his client averred a special agreement as to remuneration in lieu of the ordinary professional charges. Held (by the Lord Ordinary) that such agreement might be proved by parole evidence, and was not restricted to proof by writ or oath, but that the onus of proving the special agreement was on the defender, and on the facts that the agreement had not been proved. On a reclaiming-note the objection to parole proof was withdrawn, and the Court adhered to the interlocutor of the Lord Ordinary. Jacobs v. M'Millan, p. 58. Agent and Client-Hypothec-Law-Agent's Lien--Law-Agent Acting for both Borrower and Lender. Where a law-agent acts for both borrower and lender in negotiating a loan on the security of heritable subjects owned by the former, his lien against the borrower is not affected except to the extent that it cannot be pleaded against the lender. A purchased a house, and on the same date borrowed a sum of money from B, and granted him a bond and disposition in security over the property containing a clause of assignation and delivery of writs. The same law-agents acted for A and B, and the seller delivered the title-deeds to these agents. Thereafter A became bankrupt, and on a trustee being appointed on his estate, the law-agents refused to give him the titledeeds till a debt due to them by A, for professional services, had been paid. A's trustee thereupon raised against the lawagents an action seeking declarator that they had no right of lien over the deeds, on the ground that the deeds were in their possession, not as agents for A, but as agents for B. Held (aff. decision of Lord Kincairney) that in a question with A or his trustee the agents had a right of hypothec over the title-deeds for payment of their accounts. Drummond v. Muirhead and Guthrie Smith, p. 433. to Construe Admissibility of Parole Evidence. Proof. See Admissions on Record. See Proof. See Reparation. Advances to Minors. See Trust. -See Fraud. Agent and Principal Commission-Shipbroker-Charter Party-Renewal or Independent Charter-Second Contract not in Contemplation of Parties when First Made-Shipping Law. By charter-party negotiated on behalf of the owners by a firm of ship-brokers, it was stipulated that the vessel should be hired for six months at £330 per month, with options to the charterers (1) to cancel the charter on the expiration of the first month, and (2) to continue it for a further period of six months, and that commission of twothirds of 5 per cent. on the estimated amount of freight should be payable to the shipbrokers. About six weeks before the expiration of the first six months the charterers intimated to the owners direct that they would not continue the vessel at the same rate of hire, and ultimately after negotiations between the charterers and the owners, acting without the intervention of the shipbrokers, a new charterparty was executed. This charter-party was substantially the same as the first, with the exception (1) that the rate of hire for the first six months was £220 per |