contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it induces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills. By these provisions the law of Quinn v. Leathem, The Glamorganshire Coal Company, Limited v. The South Wales Miners' Federation, and Giblan v. The National Amalgamated Labourers' Union of Great Britain and Ireland, so far as such law applies to trade disputes, has been reversed. A subject which, though referred to, did not command the attention it deserved in the discussions upon the bill is the probable effect of these latter provisions on questions not merely between employers and work people, but among work people themselves. They place a powerful weapon, as against dissentient workmen, in the hands of labour associations, whose rules sometimes contain a provision that their members are not to work alongside of non-unionists. Giblan's case shows the tyrannous way in which the unions too frequently act; and two cases recently brought before the Court of Session may be referred to in further illustration.* In Dunn v. The National Amalgamated Furnishing Trades' Association and Others† the pursuer averred that he was in the employment of the Fairfield Shipbuilding Company, Ltd., as a weekly servant at a wage of 36s. per week. He had been a member of the defending association, but had ceased to belong to it, and the defenders alleged that he was due them 7s. or 8s. as arrears of contributions in respect of the period of his membership. In the cabinetmakers' department where he worked about 60 men were employed, most of them being members of the association. He further averred that the association were represented among the employees in the said department by two "shop stewards," who demanded payment of the arrears which he declined to make. In consequence, the shop stewards informed the foreman who had control of the men that, unless he dismissed the pursuer, all the employees who were members of the association would be brought out on strike, and as a result he was dismissed (apparently without *The question whether a workman whose dismissal has been procured by a strike, actual or threatened, has a good action of damages against those who have injured him, has been the subject of much litigation in France. See "Un Syndicat professionel peut-il sans commettre un délit civil imposer par la grève on par la menace de grève à un patron le renvoi d' un ouvrier," by A. Crouzel, Paris, 1898. At the date of this essay the balance of judicial opinion seemed in favour of the right of action. + XIV. S.L.T. 484. due notice). His action, in which he sued for £150 as damages, was defended by the association and two men who, he alleged, had acted as "shop stewards." Lord Salvesen, following Quinn v. Leathem and Giblan's case, sustained * the relevancy of the pursuer's statements as, if proved, sufficient to support the conclusion for damages, and allowed issues for trial of the case by a jury. An appeal was taken to the Second Division, where it was strenuously urged that, under the law of agency, as applicable to trade unions, and as laid down in the case of The Denaby and Cadeby Main Collieries, Limited v. The Yorkshire Miners' Association, already cited,† an issue against the union itself should not be allowed. The Court varied the judgment of the Lord Ordinary to the effect of withdrawing the case from a jury and allowing a proof before answer. As at the date of writing the action is still sub judice, and the pursuer's averments are yet unsubstantiated, comment upon it would be out of place. The other case, Hewit v. The Edinburgh and District Operative Lathsplitters and Lathdrivers' Association and Others,§ came before the same judge in the Outer House. It strongly suggests the need there is for some protection of the individual workman against trade union tyranny. Hewit got into differences with his union, which it is useless to discuss. He averred that, in consequence of the action of the association in threatening his employers with a strike, he was dismissed from employer A on 7th July and from employer B on 10th July. After approaching his union for an understanding, he was again taken on by employer A on 13th July, but no agreement being effected with the union he again suffered dismissal. On 17th July he received from two employers, whom he approached, the answer that they dared not employ him because, if they did, their men would be called out on strike. Lord Salvesen found that the pursuer's averments, if proved, disclosed an actionable wrong done to him by the association, and, in appointing the case to be tried by jury, allowed three issues, one applicable to each of the occasions on which the pursuer was dismissed, and putting before the jury the question whether the defenders wrongfully combined to procure such dismissal to his loss, injury, and damage. This action has since been settled by a payment of £75 and expenses by the defenders.T This case applied at the twelfth hour a law which has now * 13th November, 1906. † 1906, A.C. 384. 9th January, 1907, XIV. S. L.T. 627. § XIV. S. L.T. 489. || 16th November, 1906. Scotsman, 17th December, 1906. been abrogated. It is to be feared that an ostracised workman will in future find his lot not only hard but unjust. The hardship has been pathetically portrayed by Dickens in his picture of Stephen Blackpool in "Hard Times." The recent legislation may be responsible for much injustice. Literature. JOHN H. ROMANES. THE ANNUAL DIGEST OF ALL THE REPORTED DECISIONS OF THE SUPREME COURTS, including a Selection from the Scottish and Irish, and References to the Statutes passed during 1906. By John Mews, Barrister-at-law. London: Sweet & Maxwell, Limited; Stevens & Sons, Limited. 1907. This publication is already so well known, and by an editor so experienced, that little more need be said of it than the mentioning of its appearance in due season. The Scots decisions. included are from 7 and 8 Fraser (C. of S. and Just.). Besides the digest there is a table of cases digested, a table showing the cases reported and digested in 1903-5 which have been affected by decisions reported in 1906, and a table of other cases followed, commented on, &c. The digest runs to 400 pages. By THE ROMAN LAW OF SALE, WITH MODERN ILLUSTRATIONS. : It The first edition of this work was published in 1892, when we took an opportunity of expressing our general satisfaction with the result of the author's labours (vol. 8, p. 196). is gratifying to find that the book has reached a second edition, if for no other reason than that it indicates a desire on the part of an appreciable proportion of lawyers to conjoin with the exigencies of daily mercantile practice an intelligent study of the principles upon which the common law is founded. Since the issue of the first edition the law of sale has been codified by the Sale of Goods Act, 1893, and probably Professor Mackintosh has now modified the opinion which he formerly expressed, that the Bill which was then before Parliament should not be extended to Scotland. Dealing chiefly with "immutable principles," it was not to be expected that much new matter would be necessary in a new edition, and accordingly the work is in much the same form as before. Some of the more important notes have, however, been expanded, and the author has added in an appendix four special notes, all of which are worthy of close study. The note upon "Warranty of Quality" is specially valuable in view of the many controversial points which surround sec. 14 of the Sale of Goods Act. A MANUAL OF THE LAW OF BANKRUPTCY IN SCOTLAND. With Edinburgh: Forms. By William Wallace, advocate, Sheriff-Substitute In its striking yellow binding, with its crimson leather, gilt-lettered titlepiece, this volume at first sight suggested to us the "dyvours habit" in which of old the bankrupt in Scotland had to array himself. There can, however, have been no idea of any such association in the minds of the designers of the binding, for the work is one not concerning itself with the antiquities of its subject, however interesting these may be and however conducive a knowledge of them occasionally is to the proper elucidation of nice and difficult questions, but designed for the purpose of keeping right in their everyday business all those whom the law of bankruptcy closely concerns. In view of that purpose we conceive the striking binding to have been made use of for the purpose of readily catching the eye of the busy practitioner going to his bookcase in a hurry to look up some point in bankruptcy law. Whether that was the intention or not, it will certainly serve the purpose of singling the volume out among a crowd of other books, and so obviating any necessity for searching for it, when wanted. In view of the intention of its being used as an everyday practical manual, we are not surprised to find that about one-half of the volume is composed of forms (statutory and otherwise), statutes and Acts of Sederunt, to which a wellarranged table of contents prefixed to the second part provides ready access. We miss, however, the "Chronological Views" provided in Professor Goudy's work, which are very useful for preventing one overlooking any necessary step, though, perhaps, apt to induce a mechanical and unintelligent method of working; and we also miss the "examples of interrogatories commonly put to bankrupt at his examination," also supplied by Professor Goudy, which frequently prove helpful to the inexperienced practitioner. The text is arranged in a manner conducive to easy comprehension and to ready reference. ginning with a definition in a couple of paragraphs of the nature and evidence of insolvency, the author proceeds to treat in a thoroughly practical manner of its effects in relation to gratuitous alienations and fraudulent preferences both at common law and under the old Scots statute of 1621, cap. 18: then, with a preliminary paragraph on the general character of notour bankruptcy, he proceeds to deal with the constitution, commencement, and endurance of notour bankruptcy, and afterwards with its effects, including a chapter on fraudulent preferences under the Act 1696, cap. 5. He afterwards deals with sequestration, cessio, and extrajudicial settlements with creditors in turn, devoting a very large portion of his spaceas is natural and desirable in a practical treatise to the subject of sequestration, which he arranges thus Section I., Proceedings to obtain sequestration (1) sequestration, when com Be petent; (2) the petition for and award of sequestration (a) petition, (b) award; (3) the recall of and annulling sequestration (a) recall, (b) annulling; (4) registration. and publication of sequestration (a) effect of and errors in registration, (b) errors or defects in notice; (5) interim preservation of estate. Section II., The creditors-(a) their functions, (b) their qualifications for voting. Section III., The trustee and commissioners (1) the trustee (a) his election, (b) his functions, duties, and responsibilities, (e) his removal, resignation, and discharge; (2) the commissioners, their election, functions, and removal. Section IV., The bankrupt(1) his public examination, (2) his rights, disqualifications, and liabilities, (3) his discharge (a) without composition, (b) on composition, and (c) by deed of arrangement. Section V., The estate (1) sequestration in relation to diligence, (2) vesting of estate in trustee, (3) realisation and sale. Section VI., The distribution of the estate (1) ranking of claims, (2) adjudication on claims and payment of dividends-(a) adjudication, (b) payment. Section VII., Judicial proceedings, appeals, and judicial factors on estates of deceased debtors. In his references to cases the author has, in view of the fact that the practical administration of the Bankruptcy Acts lies mainly in the hands of the Sheriffs, given references to cases decided since 1884 in the Sheriff Court not directly overruled by Supreme Court decisions, and he has also given references to Outer House decisions in similar case, both these classes of cases being rendered readily recognisable by distinguishing marks. The author has had the assistance of Mr. Allan M'Neill, his collaborateur in the well-known book on "Banking Law," in the production of the present volume; and we have no hesitation in prophesying for the latter work as useful and as successful a career as the former has had. Professor Goudy's book will, no doubt, always, as Mr. Wallace modestly observes, remain the standard text-book on the subject and the ultimate resort in questions of difficulty, but for the everyday work of the profession in this department Mr. Wallace's book is likely at once to become a favourite. A DIGEST OF THE LAW OF AGENCY. By William Bowstead, of This, as its name indicates, is not an exhaustive work, but a handy synopsis of the Law of Agency. The topics discussed are nevertheless numerous, but their treatment is brief, though suggestive. The volume also contains the Factors Act of 1889, and the much-discussed Prevention of Corruption Act of 1906, and a very full index to the work. The subject-matter of the work is the civil law relating to the rights and duties of principals and agents, but occasion is taken in the preface to indicate that, so far at least as England is concerned, the Pre |