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exceptions, if a document is sent to a party for a special purpose and a question arises between the parties as to their respective rights to possession of it, the document must ante omnia be returned to the person who sent it, so that he may be in the position of holding it for whatever legal purpose he may.” 18 Dec., 1878. Martini & Co. v. Steel and Craig, 6 S.C., p. 342.
Excise-Penalty. A dealer was convicted of having failed to enter spirits received on four different days and spirits sent out on seventeen different days, three of them on the same days on which he had failed to enter spirits received. Held that these constituted twenty-one distinct offences on each of which a penalty fell to be imposed. A quantity of spirits was found in possession of a dealer extracted by a process called “grogging" by extracting the spirits from the wood of casks. Held, that forfeiture and penalty was incurred for non-entry in a book. 21 Dec., 1878. McIntosh Brothers v. Wilson, 6 S.C., p. 443.
Poor Law-Settlement. · A farm servant keeps a house in which his wife and family resided while he worked in neighbouring parishes, returning occasionally to his house. Held that his house was his residence in a question of acquiring and retaining a settlement. 21 Dec., 1878. Simpson v. Kennedy, 6 S.C., p. 446.
Trade Name. Coal was raised from a pit and sold under a certain name, coal raised by another trader from a neighbouring pit was interdicted from using the same name except with a distinction. 15 Jan., 1879. Lochgelly Iron and Coal Co. v. Lumphinnans Iron Co., 6 S.C., p. 482.
Principal and Agent-Usage of Trade. Held that an architect employed to prepare plans for a building has implied authority to employ a surveyor to measure the plans and issue schedules for the use of the tradesmen, and the surveyor if not paid has a good claim against the employer of the architect. Per Lord Gifford: “I think that the architect is a general agent of the employer for all purposes necessary for carrying out the works.” 24 Jan., 1879. Black v. Cornelius, 6 S.C., p. 581.
Arbitration-Disqualification of Arbiter. In a contract for works the engineer was named as arbiter. During the progress of the works le reported grounds of objection: Held that this did not disqualify him from afterwards acting as arbiter. Per Lord President: “ The engineer complained that the work was not properly done. But he had two duties to perform. To superintend and control the work, and also to act as arbiter. It is the combination of these duties which makes a reference of this kind so peculiar, and it is impossible to say that because a man faithfully and zealously executes the one function that he thereby debars himself from acting in the other." I Feb., 1879. Scott v. Carluke Local Authority, 6 S.C., p. 616.
Income Tax. Held that in computing profits a tenant of minerals is not entitled to deduct from the gross receipts sums necessary to replace capital expended in sinking pits, either under 5 & 6 Vict., or 14 Vict., c. 15, S. 12. 6 Feb., 1879. Coltness Iron Co. v. Solicitor of Midland Railway, 6 S.C., p. 617.
Paternity of Child. A married woman and her husband prosecuted a man for the aliment of a child born three months after their marriage. Both pursuers swore that no sexual intercourse took place between them until after marriage, and that the husband was not aware of the pregnancy of his wife until the birth. The Court Held that though the evidence against the defender might be sufficient to prove the paternity in an ordinary case of filiation at the instance of an unmarried female, the intimacy of the pursuer followed by marriage raised a strong presumption in favour of the husband being father of the child, and their testimony and other evidence was insufficient to overcome that presumption. Per Lord Moncreiff : “ The testimony of the spouses is entirely false in a more important particular—their relations to each other before their marriage. ... For it is laid down by eminent jurists that great intimacy followed by marriage raises a presumption as to the paternity of a child almost as strong as if it were born juris tempore. There can be no doubt in this case of the possibility of the husband being the father of the child, and taking that element in conjunction with the unsatisfactory character of the testimony of the spouses I think the defender must be assoilzied." 8 Feb., 1879. Reid v. Mill, 6 S.C., p. 659.
Legal Obituary of the Quarter.
(ENGLAND, SCOTLAND, AND Ireland.) ARMSTRONG, Richard, Esq., Q.C., Serjeant-at-Law (Irel.), aged 65. M.A., Trin. Coll., Dub. Called 1839; Q.C. 1854 ; Bencher of the King's Inns, Dublin, 1861, and the same year was made a Serjeant. M.P.(Lib.) for Sligo borough, 1854-1868. Aug, 26.W. Tohn Barnes. Es
Barrow, John Barnes, Esq., Solicitor, St. Helen's, Lancashire, aged 66. Admitted 1836. Sept. 23.
Bass, William, of Duffield House, Derbyshire, and of the Middle Temple, Esq., Barrister-at-Law, aged 79. Called 1843, Sept. 23.
Bell, John David, of the Middle Temple, Esq., Barrister-atLaw, Standing Counsel to the Government, Calcutta, aged 56. Called 1848. Aug. 15.
BIRD, Andrew Davies, Esq., Solicitor, aged 58. Admitted 1845. Aug. 11.
Browne, George, of the Inner Temple, Esq., Q.C., Recorder of Ludlow, aged 55. M.A., Jesus Coll., Camb.; Examiner for the Council of Legal Education. Called 1849. Sept. 19.
Bury, Edward, of the Middle Temple, Esq., Barrister-atLaw, aged 59. Called 1845. July 31.
Carr, John, of Gray's Inn, Esq., Barrister-at-Law, and a Bencher, formerly Chief Justice of Sierra Leone, aged 70. LL.B., London, 1839. Called 1840, and appointed Queen's Advocate of Sierra Leone the same year; Chief Justice, 1841. Sept. 2.
Carslake, John Hawkey Bingham, Esq., Solicitor, and formerly Town Clerk, Bridgewater. Admitted 1839. Aug. 23.
CHURCHILL, Henry Blencowe, of the Inner Temple, Esq., Barrister-at-Law. S.C.L., Camb. Revising Barrister for Berkshire. Called 1827. Aug. 12.
Coffey, James Charles, Esq., Q.C. (Irel.), late County Court Judge for Co. Londonderry, aged 64. Called 1843. July 31.
Collins, William M., Esq., Solicitor (Irel.), formerly of Belfast, aged 70. Admitted 1834. Aug. II.
Crosby, Hon. James, of the Middle Temple, Barrister-at-Law, Immigration Agent-General of British Guiana, aged 74. Called 1830. Sept. 30.
DEWES, William Pettit, Esq., Solicitor, Ashby-de-la-Zouch, aged 57 Admitted 1847. Sept. 15.
Ford, Henry, Esq., Solicitor and Clerk of the Peace, Portsmouth, aged 62. Admitted 1840. Aug. 14.
FULLER, George, of the King's Inns, Dublin, Esq., Barristerat-Law, aged 68. B.A., Trin. Coll., Dublin. Called 1839. Aug. 3.
GARBUTT, Charles James, Esq., Solicitor, Newcastle-onTyne, aged 35. Admitted 1869. Aug. 11.
GRAY, William, Esq., Solicitor, York, aged 73. Admitted 1828. Sept. 25.
Guest, John, Esq., formerly Solicitor and Registrar of the County Court, Birmingham, aged 70. Oct. 3.
GWYNNE, John, Esq., Solicitor, Town Clerk of Tenby, aged 73. Admitted 1840. Sept. 2.
Harris, Henry Joseph, Esq., Solicitor (Irel.) Admitted 1869. Aug. 2.
Hawkin, Frederick Thomas, Esq., Solicitor, Sheffield, aged 54. Admitted 1869. Oct. 1.
Howard, Hon. Greville Theophilus, of Castle Rising, near Lynn, Norfolk, and of Lincoln's Inn, Barrister-at-Law, aged 43. Second son of the 17th Earl of Suffolk and Berkshire. Called 1863. One of Her Majesty's Commissioners in Lunacy 1873-77. July 28.
Kelly, Right Hon. Sir Fitzroy, Lord Chief Baron of the Exchequer Division of the High Court of Justice, aged 83. Son of the late Captain Robert Hawke Kelly, by Isabella, daughter of Captain Fordyce, honorary carver and cup-bearer to King George III., and grandson of Col. Kelly, who fell at Seringapatam. Born Oct. 9, 1796. Admitted a student of Lincoln's Inn, 1819, and called to the Bar by that Hon. Society in 1824. K.C., 1834; Bencher of his Inn, 1835; Knighted, 1845 ; Solicitor-General, 29 June, 1845-Aug., 1846, and from 24 Feb. to 28 Dec., 1852 ; Attorney-General, March, 1858-June, 1859 ; Serjeant-at-Law, Chief Baron of the Exchequer, and P.C. 1866; M.P. (Tory) for Ipswich, Cambridge, Harwich, and East Suffolk at various dates between 1835 and 1866. Died at Brighton, after a few days' illness. Sept. 18.
Leahy, Edmond, Esq., Solicitor (Irel.), aged 49. Admitted 1860. Sept. 23.
Mac Crossan, Henry, of the King's Inns, Esq., Barrister-atLaw, aged 28. Called 1875. Aug. 17.
Mac Dermot, John D., Esq., Solicitor (Irel.), aged 59. Admitted 1843. Oct. 14.
Marsh, John Fitchett, Esq., formerly Solicitor, Warrington, aged 61. Admitted 1839. June 22.
MONTGOMERIE, Roger, Esq., Advocate, Depute Clerk Register. Called to Scottish Bar, 1852. Was formerly M.P. (Cons.) for North Ayrshire. Oct. 25.
ORPEN, William Basil, of the King's Inns, Dublin, Esq., Barrister-at-Law. Called 1846. Oct. 12.
PARKER, Thomas Watson, Esq., Solicitor, Blackheath, Kent, aged 45. Admitted 1858. Oct. 14.
PARMETER, Robert William, Esq., late Solicitor and Clerk of the Peace for the County of Norfolk, aged 85. Sept. 26.
PEARCE, Parmenas, Esq., formerly Registrar of the County Court, East Stonehouse, Devon, aged 82. Aug. 3.
Pilgrim, James, Esq., Solicitor, aged 79. Admitted 1823. July 23.
Ponton, Mungo, Esq., W. S. (Scot.), F.R.S. Edin., aged 79. Aug. 25.
Porter, Hon. William, LL.D., C.M.G., formerly AttorneyGeneral at the Cape of Good Hope, aged 74. Called to the Irish Bar, 1831. July 13.
Pullen, Joseph William, of the Inner Temple, Esq., Barrister-at-Law, M.A., late of Kurrachee, India, aged 30. Called 1875. Aug. 31.
Rice, the Hon. William Cecil SPRING-, of Lincoln's Inn, Barrister-at-Law, late Registrar in Bankruptcy, aged 56. Youngest son of Thomas Spring, first Lord Monteagle, by his wife, Lady Theodosia Pery, second daughter of the first Earl of Limerick. M.A., Trin. Coll., Camb. Called 1848. Aug. 11.
RIDDICK, John, Esq., Solicitor (Irel.), aged 67. Admitted 1840. Sept. 5.
Russell, James Ward, Esq., Solicitor and Registrar of the County Court, Merthyr Tydvil, aged 67. Admitted 1834. Aug. 6.
SARGOOD, Augustine, Esq., Serjeant-at-Law, aged 65. Called to the Bar at Gray's Inn, 1846. Sept. 14.
Selfe, Edward Henry, of the Middle Temple, Esq., Barristerat-Law, aged 36. B.A., Ch. Ch., Oxon. Called 1868. Oct. 17.
Shaw, John Begg, of Bexhill, Sussex, and of the Inner Temple,