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 44
... fact of the existence of the two gates for more than seven years was undoubted and not disputed , and that the right of way , and the right of the pursuer to keep the gates locked , were not affected by the judgment , and were questions ...
... fact of the existence of the two gates for more than seven years was undoubted and not disputed , and that the right of way , and the right of the pursuer to keep the gates locked , were not affected by the judgment , and were questions ...
Page 50
... fact whether the underwriters put the brokers , Messrs Douglas , in possession of funds to pay the insurance , therefore , before further answer , allow both parties a proof as to that matter of fact : Grant commission , & c . , to take ...
... fact whether the underwriters put the brokers , Messrs Douglas , in possession of funds to pay the insurance , therefore , before further answer , allow both parties a proof as to that matter of fact : Grant commission , & c . , to take ...
Page 51
... fact- namely , that the underwriters had put funds in the hands of the brokers , Messrs Douglas and Co. , to settle the loss under the policy . Accordingly , we pronounced the interlocutor of 19th January 1856 , which is perhaps not ...
... fact- namely , that the underwriters had put funds in the hands of the brokers , Messrs Douglas and Co. , to settle the loss under the policy . Accordingly , we pronounced the interlocutor of 19th January 1856 , which is perhaps not ...
Page 56
... fact and deed : For which causes , and on the other part , the said Hugh Craig binds and obliges himself , his heirs , executors and successors , to pay to the said John Gillanders and his foresaids the sum of one pound four shillings ...
... fact and deed : For which causes , and on the other part , the said Hugh Craig binds and obliges himself , his heirs , executors and successors , to pay to the said John Gillanders and his foresaids the sum of one pound four shillings ...
Page 73
... fact that their factor did not apply money received by him for a special pur-- pose . Yet this is said to fall under the words , a claim against them in respect of the shares they held . It is not a debt against them for the shares , or ...
... fact that their factor did not apply money received by him for a special pur-- pose . Yet this is said to fall under the words , a claim against them in respect of the shares they held . It is not a debt against them for the shares , or ...
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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...