superfluus banquetting and the inordinate use of confectouris and droggis" (confections and drugs a strange combination!). "Grandmotherly legislation," we hear some one say. Well, perhaps it was, but this striving after "the simple life" was praiseworthy. In 1661 Parliament dealt with "sueareing and excessive drinking" (quite evidently the Scots were on the downgrade at this time), and in 1672 it passed a measure dealing with "such who do not Baptize their Children." Another evil of the times was grappled with in 1681, when there was passed into law an "Act restraining the exorbitant expence of Marriages, Baptisms, and Burials." Here, too, one can express sympathy. In the case of burials, the Scots (frugal in most other matters) poured out their money like water— only, in this case it was not water, but something much stronger. But what would Free Traders think of an "Act prohibiting the importing of Irish Victuall and Cattle" passed in 1686? or how would the Franco-Scottish Society explain away the "Act against Correspondence with France" passed in 1693? Most of these old Acts were clear and succinct in their terms. And they had another invaluable quality-they were brief. These old legislators knew their own minds. They did not pass an Act which could be read in two ways, and then leave it to a Court of law to determine which was the correct reading. Much of the legislation was of a useful nature, and in some of it great wisdom was shown. Scotland is indebted to its old Parliament for many wise and just laws. A very early Act, passed in 1449, is still the law of the land. We refer to the Act by which leases were declared to be binding not only upon the landlord who granted them, and his heirs, but also upon any purchaser to whom he might sell his lands. The language of this statute is a trifle quaint, but the meaning is clear, and we make no apology for giving the Act in full. It bears out our statement that these old-time legislators studied brevity. It is "ordained," says the Act, "for the safetie and favour of the puir people that labouris the ground, that they and all utheris that hes taken, or sall take, landes in time to come fra lordes, and hes termes and yeires thereof; that suppose the lordes sell or annaly " (alienate) " that land or landes, the takers" (i.e., the tenants) "sall remaine with their tackes " (leases)" unto the isschew of their termes, qhais handes that ever thay landes cum to, for sie like mail" (rent) "as they took them for." Truly, an excellent specimen of concise, intelligent, and useful legislation passed in an age which we are pleased to call "barbarous." The Scottish Parliament passed a number of other Acts which are still the law of the land, notably statutes in 1621 and 1696, which are the foundation of our present bankruptcy laws. En passant, we may remark that Parliament also sat as a Court of Appeal. If any one was dissatisfied with a decision. of the Court of Session, he could appeal to Parliament. In course of time a very large number of old statutes fell into disuse. New occasions teach new duties, Time makes ancient good uncouth. So says Mr. Lowell. Many of these old statutes became quite inapplicable to present-day requirements. Indeed, some of them were out of date in 1707. They lingered superfluous on the stage until what is called the Statute Law Revision (Scotland) Act was passed in 1906. That Act characterised these old statutes as "spent." By one stroke of the pen several hundred Acts of the old Scots Parliament were "expressly and specifically repealed" on 4th August, 1906. The Acts still in force are few in number, but they are all of a more or less beneficial nature. Only what had become obsolete, or, as lawyers say, "had fallen into desuetude," were deleted from the statute book. Towards the close of its career the Scottish Parliament passed through stirring times. The Act of Security in 1704 created a great ferment. By this Act it was provided that, on the death of Queen Anne without children, the whole power of the Crown should be lodged in the Scottish Parliament, who were directed to appoint a successor. Sir Walter Scott tells us that this Act was debated "clause by clause and article by article with the utmost fierceness and tumult." And an eye-witness says "We were often in the form of a Polish Diet with our swords in our hands or, at least, our hands on our swords." Of the tumult produced by the Union itself it is unnecessary to say much. The populace reviled and hooted those members who supported the measure. An old writer tells us that 'tis not to be expressed how great the consternation was that seized the courtiers on this occasion; formerly they did not or pretended not to believe the disposition of the people against the Union, but now they were thoroughly convinced of it, and terribly afraid of their lives; the Union was crammed down Scotland's throat." English gold and the cupidity of certain Scottish noblemen and others were strong factors in bringing about the Union, but the story is creditable neither to the donors nor to the receivers of the money, and, in the words which Rob Roy addressed to Bailie Nicol Jarvie, we will"let that flee stick in the wa.' 66 When the forty-five Scottish members travelled to Westminster they were so poor that they could not, as a rule, afford to drive, and they rode on horseback all the way. When they found themselves inside the House of Commons they must have felt very forlorn. Speaker Onslow said, "They were oddlooking, dull men." The lordly Englishmen looked down upon them as not class." It was then the custom to speak of a Scot in tones of contempt, and to remind him (not too gently) of the poverty of his native land. The English Whigs and Tories used the Scots members as mere pawns on the political chessboard. These members "complean," said old Wodrow, "they are only made use of as tools among the English, and cast by when their party designs are over." The whirligig of time has brought its revenges. Scotland lost her Parliament in 1707, but in many respects gained immensely by the Union. Two centuries ago saw "the end of an auld sang." The year 1907 sees a Scotsman Prime Minister; another, an ex-Prime Minister, is Leader of His Majesty's Opposition; and a third, also an ex-Prime Minister, has been termed "the orator of the British Empire." Need we say who he is? It sees a Cabinet composed in large measure of Scotsmen. With a Scot as Lord Chancellor, Scots as Archbishops of Canterbury and York, another Viceroy of India, and still another Ambassador to the United States of America, who shall say that Scotland has not her fair proportion of the plums? The "beggarly Scots" now occupy the seats of the mighty, and have a full share in guiding the destinies of the Empire. Literature. R. A. B. TRADE UNION LAW. By Herman Cohen, of the Inner Temple, The first edition of this little book having been published in 1901, it must be obvious to the most unobservant that the issue of a second edition of it has involved the almost entire re-writing of the work, such revolutionary changes having, as everybody knows, recently taken place in this peculiar branch of the law. The text consists of a reprint of all the unrepealed statutes dealing with or bearing on the subject with a short introduction and notes, which appear to be very well done. There is an appendix of rules and forms and the usual table of cases and index. Notwithstanding the small and handy size of the volume, it contains quite a remarkable amount of matter. Popularly these bodies are often called collectively trades unions, but Mr. Cohen points out that, though that phrase is used in the title of the 1871 Act, trade unions would appear to be the correct term. AN EPITOME OF CONSTITUTIONAL LAW AND CASES. By W. H. This is a new volume in Messrs. Sweet & Maxwell's "The Students' Series," and it is written by an author who has already proved his qualifications for such work by writing the books on "Real Property" and "Interpretation of Deeds" in that series. The work is a clear and intelligent outline of English Constitutional Law with a chapter on Colonial Constitutions, the author's method being, while embodying the cases in a sketch of the law as a whole, to meet the needs of students by giving somewhat full accounts of the cases and of the practical details of the same. The work will prove an admirable introduction to the study of the subject, providing an outline to be filled in by more advanced reading. A HANDY BOOK ON THE LAW OF BILLS, CHEQUES, NOTES, AND This is a new edition of another of Mr. Effingham Wilson's popular legal handy books. It is by the same author as the little work on Banker and Customer noticed in our April issue, and the remarks made in the notice of that book apply mutatis mutandis to the present, and, having been made so recently, need not be repeated. The present work has reached its sixty-ninth thousand-ample demonstration of its meeting a practical want. It contains a full set of exceedingly useful forms. Obituary. At Hamilton, on 8th April, Mr. Mr. David Miller, solicitor. Deceased, who had been at church on the previous day apparently in his usual health, was born at Perth fifty-seven years ago, and was educated at the Trades' School there and at Perth Academy. Beginning his law apprenticeship in Glasgow, he subsequently qualified for the legal profession at Edinburgh University, and started business as a solicitor in Hamilton thirty years ago. Mr. Miller was a man of varied gifts, and by the members of the bar at Hamilton he was greatly respected for his unfailing geniality of disposition and obliging nature. He was one of the first persons in Hamilton to begin amateur photography, and as an artist, whether in the use of the brush or pen and pencil, he earned no small reputation. In a literary way he made several contributions to local history, and wrote a few plays, one of which, "By Tuck o' Drum, was acted on the local stage. He also attained proficiency in the construction of clocks. Mr. Miller is survived by a widow and small family, and also by his mother, who is now ninetytwo years of age. Mr. At Johnstone, on 23rd April, Mr. D. A. M'Tavish, solicitor and banker, Johnstone, at the age of about fifty-five. M'Tavish succeeded the late Mr. John Holmes as agent at Johnstone of the Union Bank, and he was head of the firm of Holmes & Co., solicitors. He acted as factor and agent for the estates belonging to Mr. J. C. Cuninghame of Craigends, Renfrewshire, and for several estates in the West Highlands. He was a native of Islay, and was the son of Dr. M'Tavish, who was engaged in the East India Company's service. Until a few months ago he acted as a member of the Renfrew County Council, was chairman of the Combination Hospital Board, and was chairman of the Conservative Club. His second wife died only a few weeks ago, and he is survived by one daughter. At Lanark, on 29th April, Mr. Hugh Davidson, F.S.A. (Scot.), F.R.S.E., in his seventy-eighth year. For half a century deceased was one of the most prominent men in the county of Lanark, and was widely known throughout the East and West of Scotland. Though one of what might be termed the old school of Scottish solicitors, Mr. Davidson had a very wide and extensive practice. Born and educated in Lanark, Mr. Davidson, after serving an apprenticeship in the Sheriff-clerk's office there, proceeded to Edinburgh to prosecute his studies. While in Edinburgh, he held important positions in various offices. He returned to Lanark in 1858, and became a partner in the firm of Gray, Anderson, & Davidson. His partner, Mr. Stephen Gray, died in 1859, and on 23rd March of that year he was appointed procurator-fiscal of the Upper Ward of Lanarkshire by Sir Archibald Alison, Bart., then Sheriff of Lanarkshire, in room of Mr. Gray. In the same year he was appointed to the office of procurator-fiscal in the Justice of Peace Court by the county Justices. Mr. Anderson died in 1866, and Mr. Davidson carried on business in his own name until November, 1868, when, with Mr. Thomas Millar Shirley, Sheriff-clerk depute in Lanark, from 1856 to 1864, and thereafter in Hamilton, he founded the firm of Davidson & Shirley, which name it still bears. He was chairman of the first School Board of the royal burgh of Lanark from 1873 to 1876. He was recognised as the chief authority on the history of Lanark and the Upper Ward, and wrote many articles on this subject. It was chiefly due to his liberality that the ruins of the old church of St. Kentigern, which stand in the old Lanark churchyard, were restored to their present condition. He was the holder of numerous semi-private appointments in |