Slike strani
PDF
ePub

returned to Aberdeen as manager to Messrs. Burnett & Reid, advocates. Subsequently Mr. Leslie started business on his own account, and became a member of the Society of Advocates in 1876. In 1900 he assumed as partner Mr. James Hay, advocate. Mr. Leslie was recognised as an expert in commercial law, and was secretary to the Iron Trades and Shipbuilding Employers' Associations in Aberdeen. He was in his fifty-eighth year, and is survived by his wife and eight of a family.

At Edinburgh, on 7th December, Mr. Andrew Rutherfurd, advocate, late Sheriff of the Lothians and Peebles. Mr. Rutherfurd had for long been laid aside from active life by a serious illness, and before his death had undergone more than one severe operation. The son of Major Rutherfurd, R.E., he was born in 1835, was educated at Edinburgh Academy and at Sherborne, and, having gone through the legal curriculum at Edinburgh University, was admitted to the bar in 1857. Besides doing a fair amount of ordinary work at the bar, he was for a time on the staff of the Session Cases, acting as standing counsel to the Inland Revenue and the Board of Trade, and in 1880 was a Home Depute. In 1882 he accepted the office of Sheriff-Substitute of the Lothians, and continued to hold it until, on the death of Mr. Alexander Blair in 1896, he was chosen to succeed him as Sheriff. The appointment gave satisfaction to all connected with the Sheriff Court, and during the period for which he occupied the position he more than sustained its best traditions. Advancing years and increasing pressure of work caused him to retire in 1904. Mr. Rutherfurd is survived by two sons and two daughters.

At Lochmaben, on 26th December, Mr. Edward Burnett Rae, town-clerk of the royal burgh of Lochmaben. Deceased, who was a native of Blackburn, was educated in Edinburgh, and served his apprenticeship to the law. In the eighties he commenced the practice of his profession in Lochmaben, and on the retiral of the late Mr. Jacob Blacklock, in 1890, he was appointed town-clerk of that burgh. He also held other official appointments, and was held in high esteem in the district. He took considerable interest in Church matters, and was an elder of the Established Church. Deceased was predeceased by Mrs. Rae a few years ago, and leaves a young family.

Notes from Edinburgh.

PARLIAMENT HOUSE, 31st December, 1906. THE Christmas jury sittings of both Divisions have been the shortest on record, having lasted only two days. This was largely due to the course adopted by both sides of the Court during the early part of the session in remitting all appeals for jury trial to the Outer House judges, and in this way there

was no accumulation of actions, as happened in previous years, and all the judges will practically have their full fortnight of a recess. During the vacation Lord Kyllachy will take the first week in the Bill Chamber and Lord Pearson the second week.

The want of Court accommodation for jury trials was strikingly illustrated in a case before Lord Mackenzie in the first week of this month, when, owing to the High Court and New Court being occupied by Lords Ardwall and Johnston, who were trying other two cases with juries, the jury empanelled before Lord Mackenzie were accommodated in his own small "cubicle," and sat on the seats allotted to counsel and agents. The counsel occupied the seats allotted to the clerks in the "well" of the Court, while the clerk of Court balloted the jury from one of the side seats. The trial lasted a day, and the atmosphere of this small Court, crowded with people, must have been shockingly insanitary. No wonder Sir Henry Littlejohn called one of these Courts some time ago "the pit of Tophet." The following week Lord Mackenzie would have had a similar experience in taking a trial in his own bar, but, owing to a seven-judges' hearing in the First Division, the Second Division Court-room was available, and the trial took place there. This, and similar instances of disarrangement and inconvenience which could be mentioned, shows how much the Court and its officials are cribbed, cabined, and confined, and "chivied" about in order to cope with the business on hand, and for all this we have to thank the supineness of the Scottish members and the total disregard of our interests by the Executive for Scotland on both sides of politics. Whatever mercies Mr. Lewis Harcourt may have in store for us will be thankfully received when they come. Meantime, we drift on.

Although the late Sheriff Rutherfurd had been labouring under serious illness for some time, and his end was not unexpected, his demise at the age of seventy-two has caused much regret among the older members of the bar and the bench, with all of whom, and, indeed, with everybody, he was a great favourite owing to his urbanity, legal ability, high sense of public duty, and the dignity with which he held the office of Sheriff of the Lothians and Peebles. He sat for many years on the reporters' bench, and likewise filled the office of junior counsel for the Inland Revenue for a long period. Mr. Rutherfurd, who came of a distinguished legal family (his uncle being that eminent lawyer, Lord Rutherfurd), passed in 1853, and was a contemporary of Lord Adam, the late Mr. John

Morison Duncan, Lord Trayner, Lord Kingsburgh, and many other members of the College of Justice. On the demise of Sheriff Hallard in 1882 he was transferred from the bar to the Edinburgh Sheriff Court as one of the Sheriffs-Substitute. Then, on the demise of Sheriff Blair, he became SheriffPrincipal, a post he held till 1904, when, owing to failing health, he resigned. His many estimable qualities endeared him to many friends who sincerely mourn his loss.

The Scottish law societies, which include the Incorporated Law Society, the S.S.C. and the W.S. Societies, have hitherto proved themselves singularly inert in all matters of legal reform. So far as I can discern, the subject of improved Court accommodation, reform of procedure, or the improvement of the law of bankruptcy, and kindred subjects have been either left severely alone by the whole of them, or, if not, have been handled in a very perfunctory manner. In addition to this inertia regarding legal reform, they have been singularly oblivious to the fact that clients, and particularly trustees on estates, have had just reason to complain of many scandals connected with the profession, particularly during the past two decades, in which many members of the several legal bodies have either died or absconded after having plundered their clients of large sums of trust money, besides, in some instances, decamping after having robbed people by means of forged securities, or have grossly embezzled trust or public moneys. In the case of any delinquents who tholed an assize for such offences the societies have been active enough in getting them struck off the roll of law agents, but that is all. I observe that the English law societies are now seriously considering the formation of a guarantee fund, compulsorily subscribed annually by individual members of the societies to enable any defalcations by lawyers of clients' money being made up out of such fund. I also observe the suggestion is made in the daily press here that the £9 attorney tax licence, levied by the Government on every practising lawyer in Scotland, should be diverted from the Exchequer and devoted to a guarantee fund of this description. The proposal is well worthy of consideration by the law societies, in view of the fact that theirs is the only profession which is is taxed. Advocates, civil engineers, chartered accountants, and physicians pay nothing to enable them to continue to pursue their several professions. I am certain that, if this tax was compulsorily diverted to recoup estates which have been robbed by unscrupulous lawyers, the sum annually realised would be more than sufficient for that purpose and save many a trustee from liability and many a

beneficiary from ruin at the hands of their trusted legal advisers.

I observe some correspondence in the papers as to the Prevention of Corruption Act striking at the division of the fees which now quite notoriously goes on between Edinburgh solicitors and their provincial correspondents, and might also in future prevent agents receiving printers' discount on their law papers. As regards the former (the division of fees), that is made legal by the 21st section of Lord Young's Law Agents Act of 1873. So far as I read this Corruption Act, which is certainly not by any means a clear statute, it seems designed in the first instance to apply to political corruption, but its provisions seem wide enough to stop all tipping, or the granting of commissions on obtaining orders for goods or the acceptance of reward for obtaining contracts or large commercial orders of any description. For years it has been notorious that many Edinburgh firms have taken advantage of the Law Agents Act by sharing their fees with their country correspondents, and in like manner a printer's discount of 15 per cent. has been a well-known and understood perquisite of Edinburgh solicitors for time immemorial. Whether the client should not now benefit entirely by the deductions from the printers' accounts is another question, but, at all events, it is an open question in the meantime whether the giving of such a discount is struck at by the Corruption Act of this year, and till this practice is challenged or the legal societies make new arrangements in respect of this statute I expect the discount will be paid as formerly.

I notice that a Glasgow Radical M.P. interrogated Lord Advocate Shaw the other day in the House of Commons as to whether he could do anything to stop the large expenses incurred in Court of Session actions, especially those from the West of Scotland. If by this inquiry the M.P. meant the jury trials under the Workmen's Compensation Act, which have undoubtedly caused many employers of labour much annoyance and heavy law costs, that has already been, I believe, remedied, for the Lord Advocate has, it is said, cut off that supply of litigation by suppressing jury trials in compensation cases in the new Workmen's Compensation Act just passed. But the Lord Advocate is going further when he says that, with Mr. John Sinclair's approval, he is going to have a Commission to inquire into the nature of Court appointments, the tenure of office, and (we presume) some sort of effective supervision of Court officials, which at present cannot be called stringent or effectual. If such a Commission is formed at all it will not do any good

unless (1) the members appointed are practical, hard-headed men of business, and (2) unless their investigations are thorough and searching. Some recent Commissions in Scottish legal matters have not done much in the way of eliciting information or pointing out anomalies in official life and duty, and it is hoped the body said to be about to be nominated, if it ever comes into existence (of which I am somewhat doubtful), will contain men of the right stamp.

Another old and much-esteemed member of the S.S.C. Society has joined the majority after an illness of about a fortnight. I allude to the late John Glover, who became a member of that Society so long ago as 1853. A native of Kirkcudbrightshire, he was for a time chief clerk in the office of Messrs. J. C. & A. Steuart, W.S. For a short time he was in business for himself, but in 1860 was assumed a partner in the firm of Scott, Rymer, & Bruce, which was thereafter known as Scott, Bruce, & Glover, and latterly as Scott & Glover, of which for many years past he has been surviving senior partner. A most excellent family lawyer and a keen process agent, he was throughout his long career conspicuous for taking an active and personal supervision over all departments of his office. Though naturally a man of shy and even shrinking disposition, and often doubtful and timid in giving a strong legal opinion, he was yet very assertive of the rights of his clients and watchful and even keen in all litigations with which he was connected. He had a good trust and conveyancing connection, which included the Dick Lauder Trust, created by a private Act of Parliament, and during his long and active life he maintained. a close legal connection with his native county. Personally, he was a most lovable man, and in Edinburgh and Colinton, in which latter place he always spent the summer months, his demise at the age of eighty-four is much regretted.

The obituary of the past year, as regards the legal profession in Scotland, contains some notable names. At the bar, the greatest loss sustained was that of Mr. Younger, K.C., who was taken away in the prime of life and soon after he had been appointed Sheriff of Fife, a sudden call which his brethren will not readily forget. No practising member of the bar of any note has been removed by death, although one member of the Faculty, who had long since left the Parliament House, passed away in Ayrshire, viz., Mr. David Dundas Whigham, son of the late Sheriff Whigham, of Perthshire. The demise of Sheriff Henderson deprived the Midlothian sheriffdom of one of the ablest and most popular Sheriffs-Substitute in Scotland. The list of country officials who have passed away is considerable,

« PrejšnjaNaprej »