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THOMAS MURRAY & SON, 49 BUCHANAN STREET.

EDINBURGH: MACLACHLAN AND STEWART.

1862.

L17063

MAY 1 8 1940

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110ST

QUALITY CONTROL MARK

004

SEE 2000

SCOTTISH LAW MAGAZINE

AND

SHERIFF COURT REPORTER.

PARLIAMENTARY NOTES.

OF Legal Bills, apart from Political or Social mea- Scotland, whether held by parties resident in Scotland
sures, there have only been two, and we give copies or elsewhere, protests of bills or of promissory notes,
of them in the present Number. These are the dispositions, assignations, or other conveyances of
Moveable Property (Scotland) Bill, and the Church moveable or personal property or effects, assignations,
Bill, introduced by Lord Belhaven. To the first we translations, and retrocessions, and also probative ex-
do not anticipate any objection, even from that tracts of all such deeds from the books of any com-
quarter where the change will be most felt. The petent Court; the word "assignation" shall also in-
abridging of deeds affecting land has been carried, clude translations and retrocessions, and probative
we think, very nearly to its utmost limits, notwith extracts thereof; the words "moveable estate" shall
standing the cry for farther abridgement, which is extend to and include all personal debts and obliga-
sometimes heard beyond the profession; and to any tions, and moveable or personal property or effects of
one who can remember, or who may have compared every kind. The mode of transferring or assigning
the older with the more recent portion of a progress these classes of securities is by endorsing a few lines
of writs, the change is very great, and ought to satisfy on the back of the security itself and having it re-
the wishes of the most ardent law reformers. These corded, and, if thought desirable, to have it intimated
reforms were carried out with the full concurrence either by a notary public or by the holder sending
and assistance of the profession, although here and a copy of the assignment through the post office.
there an objection was muttered, but ineffectually. In this instance at least has been realised the mercan-
The contrast which always occurs to mercantile men tile idea of brevity, cheapness, and certainty; for we
in transactions in landed securities, is the cheapness sce no reason why any man may not endorse the few
and simplicity with which they can have transfers of lines pointed out in the schedule to the Act for him-
stocks and goods, compared with bonds over landed self, make a copy thereof and send it by post, without
estates and transfers of these securities. For a few the intervention of a lawyer; only lawyers will con-
shillings they can have stocks of thousands of pounds tinue to think that if the sum be large, few prudent
transferred or assigned, while a bond or security for men will do this. Having reached this point, if the
one or two hundred pounds cannot be assigned or Bill becomes law, the next step of still farther sim-
transferred for less than three or four times the plifying all securities over land or real property cannot
amount. The contrast is no doubt striking, and be delayed very long, and the profession should be pre-
though the length of deeds of security may to law-pared to meet this new inroad on their emoluments.
yers appear to rest on sufficient grounds, yet there | We hope they may exhibit the same spirit they have
is no disguising the fact that these reasons are
not appreciable by the times in which we live.
l'eople cannot be made to understand why a bond
bearing interest should be encumbered with all the
forms of feudal conveyancing, and why, if that sc-
curity is to be discharged, a long and expensive deed
should be required. We have no doubt the mer-
cantile idea will more and more penetrate our land
titles, and lawyers do not seem quite prepared to sur-
render, unless this bill of the Lord Advocate indicate
a change; but we think the time is not far distant
when this must be done. The object of the present
bill is to facilitate the transmission of moveable pro-
perty; and provides that personal bonds for payment
or performance, bonds of caution, bonds of guarantee,
bonds of relief, bonds and assignations in security of
every kind-which would seem to embrace bonds
bearing interest, decreets of any Court, policies of
assurance of any assurance company or association in

all along done in the numerous and important changes which have taken place within the last twenty or thirty years; but whether they do or not, it appears to us that until this mercantile idea has been realised, law reform on transfers of property of all kinds will not have reached its end.

Lord Belhaven's Church Bill carries us into a different region-and if this were the place to speak of them-into church politics. In both Assemblies it was made the occasion of opening up the old controversy of '33, '43; and both spoke of each other's principles in such terms as showed that the old spirit still smouldered, and was not extinct. The Bill seems to wear a very innocent appearance, and chiefly to concern the church, and its ministers and members. It may indeed involve important principles, and these may fairly enough be made the subject of observation in Assemblies or elsewhere, but if those whom it

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