The Scottish Jurist: Containing Reports of Cases Decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts, Volume 29Michael Anderson, 1857 - Law reports, digests, etc |
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Page 5
... evidence . The witness is brought forward and tendered for the pannel . She is his witness , in the strongest sense , brought forward to prove a competent , and , if established by evidence , a very strong defence . Then the matter is ...
... evidence . The witness is brought forward and tendered for the pannel . She is his witness , in the strongest sense , brought forward to prove a competent , and , if established by evidence , a very strong defence . Then the matter is ...
Page 9
... evidence of the contract , must be received with its qualifications , viz . , that if the wool should fall in value , the price was to be 31s . 6d . per stone , and that the cotted fleeces were to be at half price , or half weight ; and ...
... evidence of the contract , must be received with its qualifications , viz . , that if the wool should fall in value , the price was to be 31s . 6d . per stone , and that the cotted fleeces were to be at half price , or half weight ; and ...
Page 12
... evidence produced ? The rule , as laid down in Laidlaw v . Wilson , 27th January 1844 , supra , xvi . 245 , is , that all that the creditor requires to do is to produce what it is reasonable to require in the circumstances . That was ...
... evidence produced ? The rule , as laid down in Laidlaw v . Wilson , 27th January 1844 , supra , xvi . 245 , is , that all that the creditor requires to do is to produce what it is reasonable to require in the circumstances . That was ...
Page 16
... evidence ; and malicious and oppressive . Objected , for the respondent , to the competency of this suspension ... evidence , to pronounce judg- ment or convict the party of the offence complained against , without any written pleading ...
... evidence ; and malicious and oppressive . Objected , for the respondent , to the competency of this suspension ... evidence , to pronounce judg- ment or convict the party of the offence complained against , without any written pleading ...
Page 17
... evidence , to pronounce judgment and convict the party of the offence complained against , without any written pleadings or record of evidence ; it being hereby provided , that a record shall be preserved of the charge and of the ...
... evidence , to pronounce judgment and convict the party of the offence complained against , without any written pleadings or record of evidence ; it being hereby provided , that a record shall be preserved of the charge and of the ...
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Common terms and phrases
Act of Parliament action agent Agent.-Alt agreement alleged amount appears applied authority averred bank bankrupt bill bond Carron Company claim clause competent concur contract Court Court of Session creditors death debt debtor deceased decerns declared decree deed defenders diligence discharge disposed Dumbreck Dunfermline Edinburgh effect entitled evidence ex facie executed expenses fact favour Finds following interlocutor foresaid funds Girthon Glasgow granted ground held heritable House of Lords husband interest issue James James Hill John jury lands lease letters liable liferent Lord Ordinary Lordships Martinmas matter ment objection obligation opinion paid parties payment person petitioner plea present proceedings pronounced the following proof prorogation provision purchase Purdon pursuer question Railway Company reclaimed reference rent respect Scotland sequestration settlement Sheriff Sheriff-substitute statute statutory summons thereof tion trustees ultra vires Vict warrant whole
Popular passages
Page 32 - Kingdom, whether within the king's dominions or without, it shall be lawful for any justice of the peace of the county or place where the person so charged shall be, to take cognizance of the offence so charged, and to proceed therein as if the same had been committed within the limits of his ordinary jurisdiction...
Page 56 - And I consent to the registration hereof in the books of council and session, or any other judges books competent; therein to remain for preservation; and thereto I constitute my procurators, &c.
Page 263 - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
Page 85 - Person shall have resided for Five Years continuously in such Parish or Combination, and shall have maintained himself without having Recourse to common begging, either by himself or his Family, and without having received or applied for Parochial Relief...
Page 23 - ... and canal communication, or which have the terminus, station, or wharf of the one near the terminus, station, or wharf of the other, shall afford all due and reasonable facilities for receiving and forwarding all the traffic arriving by one of such railways or canals by the other, without any unreasonable delay, and without any such preference...
Page 76 - Bankrupt of all debts and obligations contracted by him, or for which he was liable, at the date of the Sequestration...
Page 148 - The sequestration shall, at the date thereof, be equivalent to an arrestment in execution and decree of forthcoming, and to an executed or completed poinding ; and no arrestment or poinding executed of the funds or effects of the bankrupt on or after the sixtieth day prior to the sequestration shall he effectual ; and such funds or effects, or the proceeds of such effects, if sold, shall be made forthcoming to the trustee...
Page 23 - Railway, as they shall think fit ; provided that all such Tolls be at all Times charged equally to all Persons, and after the same Rate, whether per Ton per Mile or otherwise, in respect of all Passengers, and of all Goods or Carriages of the same Description, and conveyed or propelled by a like Carriage or Engine passing only over the same Portion of the Line of Railway under the same Circumstances...
Page 24 - Clerk for the Time being, shall and they are hereby authorized and required, when necessary, to frame Rules and Regulations and Forms of Procedure calculated to Jurisdiction of despatch the Business in the easiest and most expeditious Man- Pali<* Courts.
Page 23 - ... by the other, without any unreasonable delay, and without any such preference or advantage, or prejudice or disadvantage, as aforesaid...