trial. The petition was duly intimated to the Crown, but no appearance was made for the Crown. The Court recalled the sentence. Sweeney, Petitioner, p. 682. Justiciary Cases-Pharmacy Act 1868 (31 and 32 Vict. c. 121), secs. 1 and 15-Sale of Poisons by Unregistered Assistant. Section 15 of the Pharmacy Act 1868 provides that any person who shall sell or keep open shop for the retailing, dispensing, or compounding poisons . . . not being a duly registered chemist, or chemist and druggist. shall for every such offence be liable to pay a penalty or sum of £5. Held (following the case of the Pharmaceutical Society v. Wheeldon, L.R., 24 Q.B.D. 683) that the penalty imposed by this section is incurred by an unregistered assistant of a medical practitioner, who in the absence of his employer, sells any of the poisons scheduled in the Act, although he effects the sale on behalf of his employer, who is duly registered as a medical practitioner, and also as a chemist and druggist. Tomlinson v. Bremridge, p. 683.

Limitation of Time in Regard to Statutory Offence-Summary Procedure (Scotland) Act 1864 (27 and 28 Vict. c. 23), sec. 24. A conviction under section 1 of the Prevention of cruelty to and Protection of Children Act 1889, libelled continuous ill-treatment of a child under fourteen years of age during a period of time, part of which was more than six months prior to the service of the complaint. Held that the conviction was bad, in respect that the proceedings had not been instituted within six months from the time when the matter of the complaint arose, as required by the 24th section of the Summary Procedure Act 1864. Farquharson v. Gordon, p. 742.

Weights and Measures-Representation as to Weight-Glasgow Police Act 1866 (29 and 30 Vict. cap. 273), sec. 189. Section 189 of the Glasgow Police Act 1866 imposes a penalty on persons keeping for sale by weight any article whose actual weight is less than the weight represented. Held that a retail dealer who keeps, made up for sale, packets of tea represented to weigh alb., is not guilty of a contravention of this section in respect that the nett weight of the tea is less than lb. by the weight of the paper, such a representation only amounting to a representation that the gross weight of the packet and its contents is lb., and it not being proved that it was otherwise represented to any particular buyer that the nett weight of the tea in the packets was a lb. Bridger v. Neilson, p. 744.

Mines Miner's Wages Payment by Weight of Mineral-Improper Filling-Standard Weight System— Validity of Coal Mines Regulation Act 1887 (50 and 51 Vict. cap. 58), Section 12 of the Coal Mines Regulation Act 1887 enacts that where the wages paid to miners depend on the amount of mineral got by them, they shall be paid according to the actual weight got by them

sec. 12.

of the mineral contracted to be gotten; provided that nothing in this section shall preclude the coalmaster from agreeing with the miners that deductions shall be made in respect of hutches being improperly filled, such deduction being determined in such special mode as may be agreed upon between the parties. A coalmaster agreed with his employees that the standard weight system should be adopted in the mines, and that no payment should be made for the excess weight of any hutch beyond 10 cwt., the standard weight. In a criminal prosecution against the manager of the mine, as the person responsible for the due observance of the Act, held that the agreement was valid, and that the failure to weigh hutches loaded beyond ten hundredweight, or to pay for the contents of the hutch beyond that amount, was not a contravention of section 12, the deduction from the weight being in respect of improper filling, and thus authorised by the section. Opinions by the Lord JusticeClerk and Lord Wellwood that the duty imposed by the statute, apart from agreement, is to weigh the mineral in the hutches, and not the gross contents. Contra by Lord Adam. Hastie v. Atkinson, p. 892. Justiciary Cases-Mines-Miners' Wages-Payment by Weight of Mineral--Deduction for Stones and Dirt--Validity of Agreement as to Coal Mines Regulation Act 1887 (50 and 51 Vict. c. 58), sec. 12. Section 12 of the Coal Mines Regulation Act 1887 enacts that where the wages paid to miners depends on the amount of mineral got by them, they shall be paid according to the actual weight gotten by them of the mineral contracted to be gotten-provided that nothing in this section shall preclude the coalmaster from agreeing with the miners that deductions shall be made in respect of stones or substances other than the mineral contracted to be gotten, such deduction being determined in such special mode as may be agreed upon between the parties. A coalmaster agreed with his employees that 56 lbs. should be deducted from the gross weight of the contents of each hutch sent up from the pit, in respect of stones or substances in the hutch other than coal. In a criminal prosecution against the manager of the mine as the person responsible for the due observance of the Act, held that the agreement was valid, and that the deduction in question did not constitute a contravention of section 12, even in the case of hutches proved to contain a less amount of stones and foreign material than 56 lbs. Mowat v. Ronaldson, p. 896.

Causing Obstruction in Public StreetGreenock Police Act 1877 (sec. 179, sub-sec. 25) -Relevancy. A complaint under a local police Act, of obstructing a public street, set forth that the accused, along with two other persons employed by him, stood, loitered, and walked backwards and forwards in a certain street, before the premises of a particular individual, carrying boards and

placards, in consequence of which a crowd collected, to the obstruction and annoyance of the individual in question and others using the street. Held that the complaint was relevant. M'Giveran v. Auld, p. 901. Justiciary Cases - Alteration in Sentence. A sentence may be altered verbally, but not in substance, after the panel has left the bar. M'Giveran . Auld, p. 901.

Alternative Charge-General Conviction. Example of rule that when a complaint sets forth, not alternative offences, but different modes of committing the same offence, a general conviction is competent. M‘Giveran v. Auld, p. 901.

Public House Search Warrant, Competency of if Granted by Magistrate holding Licence-Public Houses Acts Amendment Act 1862 (25 and 26 Vict. c. 35), sec. 20. Held that a search warrant under sec. 20 of the Public Houses Act 1862 may competently be granted by a magistrate who is the holder of a licence. Costadasi v. Boyes, p. 903.

Landlord and Tenant Lease Agricultural Holdings (Scotland) Act 1883 (46 and 47 Vict. cap. 62), sec. 7-Compensation for Unexhausted Improvements Notice Determination of Tenancy. Section 7 of the Agricultural Holdings (Scotland) Act 1883 provides that a tenant shall not be entitled to compensation under the Act "unless four months at least before the determination of the tenancy" he gives notice in writing to the landlord of his intention to make a claim for compensation under the Act. The lease of a farm bore to be for nineteen years from and after the entry of the tenant, which was declared to be to the houses, grass, and fallow land at 26th May 1860, to the arable land in corn crop at the separation of the crop of the same year from the ground, and to the barns, barn-yard, and two cot-houses at Whitsunday 1861. The lease was continued by tacit relocation until May 1891, when the landlord obtained decree against the tenant ordaining him to remove from the houses (with the exceptions after mentioned), grass, and fallow land at Whitsunday 1892, from the arable land at the separation of the crop of the same year from the ground, and from the barns, barnyard, and two cothouses from Whitsunday 1893. On 4th June 1892 the tenant sent the landlord a notice of claim for compensation under the Agricultural Holdings Act. In a question between the landlord and tenant as to whether the notice of claim had been timeously given, held that in regard to such a question an ish at the separation of the crop was equivalent to a Martinmas ish, and that the notice had been given timeously, in respect that it had been given more than four months before Martinmas 1892. Black v. Clay, p. 42.

Heir and Executor-Action of Removing -Title to Sue-Agricultural Holdings (Scotland) Act 1883 (46 and 47 Vict. cap. 62), sec.

27. The Agricultural Holdings (Scotland) Act 1883 by sec. 27 provides that "when six months' rent of the holding is due and unpaid it shall be lawful for the landlord to raise an action of removing before the Sheriff against the tenant." Held that a proprietor of lands, who had succeeded in June 1892, was entitled to raise such an action in respect of the six months' rent payable at Martinmas 1892 not having been paid, his right to do so not being affected by the fact that he might have to account for the amount of said half-year's rent to the executor of the last proprietor. Lennox v. Reid, p. 80. Landlord and Tenant-Lease--Exclusion of Assig nees except with Consent of Landlord-Right of Landlord. A landlord let a granite quarry to a company. The lease expressly excluded assignees, legal or conventional. The company having gone into liquidation, the landlord wrote to the liquidators, whom he had permitted to continue the company's possession, intimating that he was willing to consent to the lease being sold, but on the condition, inter alia, that the assignee must be a person approved by him. The liquidators thereafter sold the lease and granted an assignation to the purchasers, but the landlord refused to accept them as tenants. In an action by the landlord for reduction of the lease and removal of the assignees, who had entered into possession, the latter averred that the sole reason of the landlord's refusal to accept them as tenants was that he had come under an obligation to grant a lease to another party. Held that the defence was irrelevant, in respect that the landlord was entitled under the lease to withhold his consent without assigning any reason, and that he had not surrendered his right by his letter. Duke of Portland v. Baird & Company, November 9, 1865, 5 Macph. 10, followed. Opinion (by Lord M'Laren) that after consenting to a sale of the lease the landlord was bound to consider the qualifications of any tenant who might be presented, and that an averment that he had granted a lease to another party without awaiting the result of the sale would have been a relevant defence to the action. The Marquess of Breadalbane v. J. Whitehead & Sons and Others, p. 107.

Lease-Occupation-Partnership-JointAdventure-Liability of Joint- Adventurer for Rent. J. & W. agreed to carry on a musichall business in the towns of A. and B. At A. they, along with G., their law-agent, visited premises, to the proprietor of which they represented themselves as partners. Some days later Z. returned to A. accompanied by G., and negotiated a lease of the premises, G. giving a written assurance that Z. had power to bind the firm. Z. signed with his own name and the name of the company. W. knew the lease had been taken. The lease was for three terms, from November 1891 to May 1892, from September 1892 to May 1893, and from September 1893 to May 1894. The advertisements contained

the names of Z. & W., and W. made some payments in respect of the premises. The premises were occupied by the firm for their business for three months, when they were closed. The partnership was dissolved by mutual consent a short time before that event, and Z. disappeared. In an action by the proprietor against W. it was proved that such premises are usually let for such terms as the lease specified. Held that the defender was liable for the rent for the first term, beyond the time during which the occupation actually existed. Cooke's Circus Buildings Company, Limited v. Welding, p. 259. Landlord and Tenant-Lease-Minerals-Lease of Minerals with Right to Occupy Houses. The proprietor of a mineral estate, and of certain detached pieces of ground on which stood workmen's houses, let the minerals with the usual enabling rights for working the same, with right also to the tenant to use and occupy the said houses, the tenant paying and so relieving the proprietor of all feu-duties and taxes, and undertaking to repair and insure. For which causes and on the other part the company bound themselves to pay a yearly sum of fixed rent, or in the option of the proprietor certain specified lordships. The proprietor died, and his testamentary trustees by his directions conveyed to his sister the mineral estate subject to the existing leases. The detached portions of land on which the said houses were built remained the property of the testamentary trustees. For some years the whole of the stipulated lordships, greatly in excess of the fixed rent, were paid to the sister, but subsequently the testamentary trustees claimed that the rent stipulated by the lease was paid for the whole rights conferred thereby, including the use of the houses, and therefore that part of the rent was payable to them. Held, on construction of the whole lease (diss. Lord Young), that the rent was payable for right to work the mineral estate, and that the occupation of the houses was a separate right the consideration for which was payment of feu-duties, taxes, and repairs. William Dixon, Limited v. Sewell and Others (Dixon's Trustees), and Others, p. 361.

Lease-Damages-Claim of Damages by Tenant for Breach of Conditions of LeaseMora-Personal Bar-Tenant Barred by Payment of Rent without Deduction or Reservation. After a tenant had been in occupation of a farm for seven years under a lease, the estate, comprising the farm, was sold. The tenant continued in occupation for three years longer, and then brought an action of damages against his former landlord for alleged loss which he had sustained during the first seven years of his tenancy by the landlord failing to keep the fences in repair and to burn a tenth of the heather on the farm each year as required by the lease. He averred that on each occasion when he paid his rent, and at various other times, he had protested orally and in writing against the landlord's

failure to implement the conditions of the lease. Held that these averments were irrelevant, and that the tenant was barred from insisting in his claim of damages, in respect that he had paid his rent during each of the seven years without deduction or reservation of his claim. Broadwood v. Hunter, February 2, 1853, 17 D. 340, followed. Elmslie v. Young's Trustees, p. 559.

Landlord and Tenant-Trade Fixtures-Effect of Assignation of Trade Fixtures by Tenant to Landlord. The tenant of heritable premises assigned to his landlord in security of certain debts certain trade fixtures which he had erected on the premises in terms of the lease. Held that the assignation operated as a renunciation by the tenant of his right to sever the trade fixtures from the soil until the debts were paid. Liquidator of Photoglyptic Company, Limited v. Muirhead, p. 569.

-Damages-Claim by Tenant for Landlord's Failure to Put Buildings in Tenantable Condition Mora- Whether Tenant Barred by Payment of Rent without Deduction or Reservation. In 1894 a tenant who had entered upon a farm in 1881 under a lease for nineteen years, brought an action against his landlord for damage which he alleged he had sustained since 1888, owing to the landlord's failure to renew certain of the farm buildings which had become dilapidated. The pursuer averred that at the half-yearly rent collection in the summer of 1887, and again at every succeeding rent collection, as well as on other occasions, he had intimated the state of the buildings to the landlord's factor, and called upon him to have them put in tenantable order, that the factor had frequently promised. to have that done but had delayed or neglected to do it, and that accordingly the pursuer had written to the factor and the fandlord making the same demand. tenant did not dispute that he had paid his rent in full every half-year. Held, on the above averments, that the tenant had not lost his right to insist in his claim of damages. Broadwood v. Hunter, February 2, 1853, 17 D. 340, and Elmslie v. Young's Trustees, March 16, 1894, 31 S.L.R. 559, distinguished. Johnstone v. Hughans, p. 655.

The

- Lease - Obligation to Renew Buildings. In the lease of a farm for nineteen years the landlord undertook to execute certain repairs and improvements upon the farm buildings, and the tenant undertook to maintain the buildings in good and sufficient repair. Held that the obligation in the lease only imposed upon the tenant the duty of making ordinary repairs, and that the landlord was bound to restore buildings which required to be renewed during the currency of the lease. Johnstone v. Hughans, p. 655.

Contract Lease - Reduction --Whether Stipulations in Lease Binding on Tenant. A lease of shootings granted by trustees in possession of an estate was reduced as ultra vires of the trustees after the tenant had possessed under it for fourteen years. Held

that the lease having been the tenant's sole title of possession, he was responsible for the due performance of its stipulations, and might be sued for a breach of the same. Eliott's Trustees v. Eliott, p. 753. Landlord and Tenant--Right of Shooting--Whether Tenant Liable for Damage Caused by Excessive Stock of Game. A shooting tenant was bound by his lease to relieve the landlord of all claims which might be made by any of the agricultural tenants on the estate on account of damage caused by game, including rabbits. The lease contained no other provision for the protection of the landlord against such damage. The Court dismissed as irrelevant an action of damages by the landlord against the shooting tenant on account of damage caused by rabbits to the trees and grass parks on the estate, holding that the tenant was placed under no obligation to keep down the stock of game. Eliott's Trustees v. Eliott, p. 753.

Shooting Tenant-Claim of Damage for Excessive Stock of Game-Mora. A landlord brought an action against a tenant, who had been in possession of a right of shooting over his estate for a period of fourteen years, on account of damage alleged to have been caused during the whole period of the defender's tenancy, and in particular during the last five years, by the defender permitting an excessive stock of rabbits to exist on the estate. The pursuer averred that he had repeatedly remonstrated with the defender, and applied to him to reduce the stock of rabbits, but without avail. Held that the pursuer having given no notice to the defender of his intention to claim damages, was barred by mora from insisting in the action. Eliott's Trustees v. Eliott, p. 753.

Lease Agricultural (Scotland) Act 1883 (46 and 47 Vict. c. 62), sec. 7-Compensation jor Unexhausted Improvements-Notice-Determination of Tenancy. Section 2 of the Agricultural (Scotland) Act 1883 (46 and 47 Vict. c. 62), confers on a tenant of agricultural or pastoral lands, "on quitting his holding at the determination of a tenancy," the right to detain from his landlord compensation for certain improvements. Section 7 provides that a tenant shall not be entitled to compensation under the Act "unless four months at least before the determination of the tenancy" he gives notice in writing to the landlord of his intention to make a claim for compensation under the Act. The lease of a farm bore to be for nineteen years from and after the entry of the tenant, which was declared to be to the houses, grass, and fallow land at 26th May 1860, to the arable land in corn crop at the separation of the crop of the same year from the ground, and to the barns, barnyard, and two cot-houses at Whitsunday 1891. The lease was continued by tacit relocation until May 1891, when the landlord obtained decree against the tenant ordaining him to remove from the houses (with the exceptions after mentioned), grass, and fallow land at Whitsunday 1892, from

the arable lane at the separation of the crop of the same year from the ground, and from the barns, barnyard, and two cot-houses at Whitsunday 1893. The tenant quitted possession of the houses (with the exception of the barns, barnyard, and two cot-houses), and also of the grass and fallow lands at Whitsunday 1892. On 4th June 1892 the tenant sent the landlord a notice of claim for compensation under the Agricultural Holdings Act. Held (aff. the decision of the First Division) that there were three terms of removal in regard to different portions of the subjects let, and that a notice four months before the separation of the crop after Whitsunday 1892 was valid. Doubted by Lord Watson whether, in view of the terms of section 35, the bare possession of a barn, barnyard, and cot-houses unconnected with any land, pastoral or agricultural, is possession or a "holding" recognised by the Act-Wight v. Earl of Hopetoun, 4 Macq. 729, distinguished. Black v. Clay, 949.

Landlord and Tenant See Bankruptcy-Reparation.

Landlord's Objection. See Crofter.

Lands Conveyed to Trustees for Use and Benefit of Minister. See Church.

Lease-Right to Take Peats Imported into Lease

-Tenant Deprived of Right to Take Peats under Lease- Abatement-Retention of Rent. A tenant took a lease of the farm of Newton "all as possessed by him." The tenant and two of his progenitors who had been tenants before him, had been in possession of a peat lair known as the Newton lair, in the moss of Tillychip on their landlord's estate, and from this lair they dug the fuel required for their use. Certain estate regulations were incorporated in the lease, by which the landlord reserved to himself the mosses on his estate, with power to regulate and divide them as circumstances rendered necessary, it being further provided that the tenants should be bound to cast their peats and fuel on the allotments set apart for them. The proprietor having sold a portion of his estate, including the farm of Newton, to one person, and another portion of his estate, including the moss of Tillychip, to another person, and the latter having intimated to the tenant of Newton that he must take no more peats from the moss-held that the right to take peats from the Newton lair in the moss of Tillychip was part of the subject of the lease, and that the tenant of Newton before paying his rent to the new landlord, was entitled to deduct therefrom reasonable compensation for the right of which he had been deprived. Duncan v. Brooks, p. 647. See Trust-Landlord and Tenant Valuation Cases.

Lease of Minerals with Right to Occupy Houses.
See Landlord and Tenant.
Leave to Reclaim. See Process.

Legacy Compounded for Less than the Amount
thereof. See Revenue.
Legacy-Duty. See Revenue.

Legitim. See Succession.

Lessee holding himself out as Owner. See Contract of Hire.

Levying of Gas Contingent Guarantee Rate. See Burgh.

Lex loci solutionis. See Contract.

Liability for Safe Upkeep of Street Pavement in Glasgow not Taken over by Police Commissioners. See Road.

Liability of Heritable Creditor Entering into Possession of House for Safe Upkeep of Pavement. See Heritable Creditor.

Liability of Joint Adventurer for Rent. See Landlord and Tenant.

Liability of Railway Company for Feu-Duty. See Superior and Vassal.

Liability of Ship-Owner for Act of his Servant. See Reparation.

Liability of Trustee. See Trust.

Liability of Tutor for Expenses in Action Raised on Behalf of Pupil. See Parent and Child. Liability to Action for Non-fencing of Highway. See Reparation.

Licensing Authority. See Burgh.

Lien. See Contract of Hire.

Liferent. See Succession.

Liferent and Fee. See Trust.

Liferent, Interposed. See Succession.

Liferent with Power of Testing. See Succession. Limitation of Time for Raising Action of Damages. See Reparation.

Limitation of Time in regard to Statutory Offence. See Justiciary Cases.

Line of Gable or Line of Scarcement the Boundary. See Property.

Liquidation. See Company. Local Government-Special Water Supply District-Management-Power of Secretary for Scotland Local Government (Scotland) Act 1889 (52 and 53 Vict. c. 50), sec. 81, sub-sec. 2. By the 2nd sub-section of the 81st section of the Local Government Act 1889 it is provided that where a special water supply district is partly within a county and partly within a burgh or police burgh, it shall be managed and maintained by the sub-committee appointed under the immediately preceding sub-section by the district committee of the county council, and by such number of the town council or police commissioners of such burgh or police burgh, "as failing agreement the Secretary for Scotland may determine, having regard to all the circumstances of the case, and the determination of the Secretary for Scotland may provide for the regulation of the proceedings.. under this sub-section." Application having been made to the Secretary for Scotland under this sub-section in the case of a water supply district partly within a county and partly within a police burgh, he determined that the police burgh should be represented on the sub-committee in the proportion of eight police commissioners to six members appointed by the district committee of the County Council. In an action at the instance of the district committee of the County Council, the Court (aff. judgment of Lord

Kyllachy) reduced the above determination, holding that the Secretary for Scotland had only power to determine the number of police commissioners to be added to the sub-committee nominated by the district committee of the County Council, and had no power to determine the proportion which the burgh representatives should bear to the members appointed by the county council. Observations by Lord Kyllachy with regard to the power of the Secretary for Scotland to regulate the proceedings of a sub-committee appointed under the above sub-section. Dumbarton County Council Eastern District Committee and Others v. Young and Others, p. 22.

Locus. See Justiciary Cases.
Locus solutionis. See Contract.
Loss of Profit. See Sale.

Loss of Profit on Sub-Sale. See Sale.
Loss of Residential Settlement. See Poor.
Lottery Acts. See Contract.

Machinery, Fencing of. See Factory.

Machinery Fixed or Attached to Heritage. See

Valuation Cases.

Maills and Duties. See Heritable Creditors.
Malice. See Reparation.

Management. See Local Government.
March Fence. See Crofter.

Marriage-Contract-Mutual Settlement-Provisions to Children--Conveyance of Property then Belonging or which should Belong to Spouse at Time of Death-Conveyance of Acquirenda. Observations by Lords M'Laren and Kinnear upon the case of Wyllie's Trustees v. Boyd, July 10, 1891, 18 R. 1121, and upon the effect of a conveyance of acquirenda in a marriage-contract. Dowie and Others Hagart, p. 865.

V.

See Succession Husband and Wife—

Trust. Marriage Prior to Act. See Succession. Master and Servant--Compensation for InjuryContract by Workman not to Recover Compensation at Common Law or under Employers Liability Act 1880 (43 and 44 Vict. c. 42). A company of contractors effected an insurance against accidents for their workmen, the premium being paid partly by sums deducted weekly or fortnightly from the workmen's wages, and partly by a contribution from the contractors themselves. On the pay-box, and in other places about the works printed posters, headed in large type, "Notice to Workmen Accident Insurance," were posted up. These posters set forth-(1) that the contractors had effected an accident insurance for the benefit of their workmen; (2) that contributions on a certain scale would be deducted from their wages; (3) that certain benefits would be derived from the insurance, one of which was, that if injury should be sustained from an accident to the workman during the course of his employment, and should not prove fatal, compensation would be paid to him weekly at a certain rate, and for a certain period; and (4) that the workman's accept