Free sex chat without reg estration

Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find additional materials through Google Book Search. Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. That the arrears of feu-duty were also a debt against the executry, in opposition to the decision of Wilson, 29th July 1718, Morr. 5455.^Upon the 4th and 5tli points, the Lord Ordinary was of opinion, that the sums therein stared must be deducted. Heir and Executor^ — All the leases on the Queensbeny estate having been reduced, as a contravention of the entail, by the decision of the House of Lords in 1819; the lease of Thomas M* Michael, father of the pursuers, was^ in con- sequence of that judgment, reduced and an« nulled by a final decrae of the Court of S^%» gion, of date 20th December 1821. A bill of suspen- sion was presented an J passed (16th Oc- tober 1 804} ; and at the same time, this ac- tion of reduction was raised, remitted to, and discussed along with the suspension. of Teaninich, and the Ho- nourable Mrs Maria Mackenzie of Cromarty, against the Magistrates of Dingwall, &c. The pursuer further founded upon the immemorial possession and exercise of an exclusive right by her ancestors and authors. Lord Craigie considered that a good general rule ; but, in the peculiar circumstances of this case, his Lordship thought it would be better to remit to the Sheriff of the shire to suggest the most suitable individuals* Lord Gillies thought the Court must go back here to the magistrates of 1818. Jn order to prevent the estate in Scotland from being carried off by adjudications which had been raised by two of these creditors, viz. The Lord President considered sequestration merely a step of diligence, which it was unne- cessary to reduce, any more than k would be to reduce a caption. The latter, however, upon dis- covering the error in the protest, immediately raised an action of repetition and datnages against the pursuers, on account of the illegal diligence used against him, and obtained decree in his favour. pany— had paid, previous to the comple- tion of the contract, one instalment on his shares, but had not signed the contract, nor attended any of the meetings of subcriber! ; whereas the original proposals, — 1st, Limited the Company to the sale of gas manufactured by others, — 2d, To the sale of oil gas, — 3d, Did not contemplate the enlargement of the capital, nor the increase of subscribers ; — nor, 4th, The sale of gas without the city of Edinburgh ; — nor, 5th, The continuance of the Company for 60 years. The Sheriff, by an interlocutor (1825), found the process of division, as of runrig lands, com- petent, and subsequently approved of a scheme of division, and declared tne grounds allocated accordingly. It was also stated by the pursuers, and not denied, that be held himself out as owner. — ^Firstofall, Sharp was the ship's-husband • and in balancing ac- counts, he was regularly debited with one-half of any loss* Lang applied to him to advance the insurance, and notified that the Insurance was not paid. Lanff would have been liable if be had not effected the insurance. Upon the death of the widow, her executor carried off the furniture as in bonis defunctie. and Company a cash credit ; and, in security of the advances to be made thereon, granted, of game date, to the said Inglis and Company, a bond and assignation conveying to them hi^ in- terest in the foresaid tack. A title was made up in fee** simple, and thus continued till 1781. In March 1821, Elder, being possessed of an heritable property which was burdened with a debt of £300, employed Smith, the defender, a writer m Dundee, to n^ociate a loan of £500 Digitized by Google 212 SCOTTISH JURIST. Smith procured the loan (for which Elder grant- ed an heritable bond,) and applied the money — I. Fifth, That an offer of exculpatory proof bad been made by the appellant, and rejected by the Ma- gistrates, although he had been seizea ex impro- viso upon the streets of- Inverness, and could not possibly be then prepared with his defence. Bui if it was alleged that there would be a re- version, after the creditors had been paid and m discbaive granted, then his Lordship thongh C the reterence to oath competent. Lord Pitrailly rested his opinion on the circumstance of the uncle being bankrupt; But if it were held, that upon bankruptcy taking place, an oath were not to be received, it womd lead to the greatest confusion in many cases; for example, in the case of bills, where prescription has ta Jkett place, or in the proof of trusts. Do not assume that just because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other countries. L In submitting the present Work to the con^ sideration of the Public, the Proprietors confidently trust that a very short statement will be sufficient to demonstrate its utility and importance. Cases having been ordered to the Court, their Lordships found — (, Digitized by Google No. That the L4000 ought not to be deducted from Mr Cochran's executry* II. Instead of following out a process of removing, it was arranged between the Duke of Buccleuch and the tenants whose leases were thus set aside, that the latter should become and continue tenants till Whitsunday, and the separation of crop 1822, and that their removel should be postponed till that term. The Lord Ordinary made avizandum to the Court ; and their Lordships, by the narrowest possible oa- jority, found the letters orderly proceeded in the suspension, and assoilzied the defenders from the conclusions of the action of reduc- tion. to obtain redress against certain alleged encroach, ments or usurpations made by the latter upon the salmon fishings belonging to the pursuers in the river Conon. 41, whereby these forfeited rights were vested in commissioners : Sd^ The statute 24. The defenders, on the othbr hand, rested their claim to the disputed fishing ex adverso of their lands, \st^ Upon acharter in favour of the borough of Dingwall, (September 1587), which contained a grant of fishing in the following words : — r Faculty, Sc« licitoro Genenl, and Buchanan. Every election since then was subject to challenge as much a» that of 1828, and might have been reduced. Coutts and Company, and Marshall, the petitioners de* termined to discharge them ; and, for that pur- pose, sold two portions of the said estate, called Riccalton and Broom. The diligence might have been legal, but still, if oppressively executed, that was relevant to found an action of damages. Meantime, before this decree was pronounced, the pursuer brought an action against the defenders, Wilson and Maclellan, and Macqueen and Mackintosh, concluding for re- duction of the decree in absence. The defender further pleaded, that he had never approved of nor signed this contract : that it had never been sanctioned by a general meeting ; and that, before it was drawn out, he had intimated to the Company the transference of his shares to Mr Tod, W. — which right of transference was secured to him in the original proposals, and that a resolution of the first meeting of the subscribers (before the contract was made) gave subscribers an option cither to sign the contract, or to forfeit their shares. Of these judgments advocations were brought at the instance of both parties, before Lord Ordinary, Corehouse ; who by an interlocutor, (November 1828,) repelled the reasons of advo- cation m both actions, remitted simplicker to the Sheriff. As the parties lived in the same town, and com- municated orally, there was no written evidence by letters upon the subject. Alexander pursued him for restitution, and the Sheriff fiund, that after the widow had drawn her jus relic Ue^ the gift '* afforded quoad ultra with the possession which was. Upon 13th Novem- ber 1817, Inglis and Company intimated this assignation to M'Farlane, (Morison's cedent), but did not then take possession, nor attempt any further completion of the conveyance ; nor did they intimate the assignation to Rowan, who then held the subjects under Morison. As th3 first assignation contained a power to alter, and as tile deed of 1730 was never registered, the son might consider this a revocation of the for- mer rif^t. In extinction of the £300 burden ; and, II, in payment of various accounts due by the pur- suer, for which he (Smith) obtained discharges which the pursuer duly attested. Respondent's authorities.— Fraser's Trustees, TIth Ju Ij T 1800, and authorities referred to b^v the Coiii« plainer* Lord Ordinary, Fullerlon.— Counsel for Complsiner, Forsyth: Lockhart and Siran, W. There were other pleas upoii the import of the evidence and upon the merits, but into these the appellant stated it to be questionable whether their Lordships would then be disposed to go. It dhould be well considered, oefore laying this down as i| general proposition. Peterson's widow tells of her husband's dif- ficulties. Sinclair, and Lord Armadale and others ; and that the di.^'covery of these difficulties was the reason of the directors requiring new security. Appointing Benjamin Neilson, merchant, Annan, judicial factor thereon. With regard to the proceedings in the Sheriff-Court of Forfar, in 1749, if there had been 40 years* possession from that period, then the title would nave been complete. as clerk to the trustees of the Corstorpliin district of roads, and Thomas d'anstoun, W. as clerk to and representing the* trustees of the turnpike roads of the county of Edinburgh, narrating, tlmt xn consequence of the said ille- gal exactions of Robert Latta and Company^ at the said check-bars, he had suffered loss to the extent of more than one-half of the said rent of £2340, and that the defenders were bound, both ly the general clause of warrandice in his tack, and by the terms of the said articles of roup, to have protected him against such loss* and co/i- dudinfr for £1200 damages. Mr Campbells exertioiis as an agent were well known ; and it is doubtful, from the nature of Mr Thomson a business, and the extent of his advances in other Quarters at the time the partnersthip com- menc-ed, whether he (Mr T.) could have ad-» vanccd a great deal of capital. The eomplaiaer, there- fore, praved the Court Co sequestrate the chil- dren, ana to interdict the said Andrew Thom- son from removing eitiier them or the furni- ture from the custody of the complainer. L^Bnd divers times desired and required the said Mrs Abig^ii Mackensie and John Gillanders, the only surviving and accepting trustees besides the pursuer, Thomns Mackenzie; Bsq. In Angnst 1796, Mr Roebuck conveyed hig share of the company concern to Mr Casamayor, and the other ori- ginal feuars, according to their several shares and interests in the Devon Company. The only doubt was, whe- ther he was to have so much, and this doubt was solved by reserving the defender's right to claiir." Thereafter the Lord Ordinary (10th Feb- nuu'y) repelled the objections to ihfi competency of the advocation, and found the respondea liable in expenses. 'Die Sheri£F also, 15Ui October 1812, granted interdict ag^iinst the pursuer carrying away or. Tudge, but in its popular sense it is quite different. ^ It was alleged by the pursuer, how- ever, that it was retired by Mr Napier.. Tlie Court, ac- cordingly, in a special interlocutor, remitted to Neill M*Lean, land-surveyor in Inverness, to survey the ground delineated on* 1^ said plan» and to report concerning the points in dispute, &C. On hearing parties, the Lord Ordinary pronounced the following interlocutor :— *" Having heard parties* procurators, upon the clos- ed record in the conjoined actions, ana whole pro- cess: In respect that no reduction has been brought of the titles of the pursuer's authors, dated in the years 17, sustains the reasons of reduction for the pursuers, Elizabeth Rankine and spouse, and re- duces, decerns, and declares, conform to the conclu- sions of the libel at their instance : Sustains the de- fences pleaded by thcm^ in the counter action st the instance of Barbara Mitchell and spouse, snd as- soilzies them from the conclusions of that action, and deceras : Finds expenses due ; allows an account thereof to be given in, and when lodged, remits to the Auditor to tax the same, and to report : reserving power lo the defenders, Barbara Mitchell and spouse to institute a reduction of the titles in the person of the pursuer's authors above alluded to, and as a con- sequence of the pursuer's own titles, if they shall be so advised." A reclaiming note having "been presented against this interlocutor, Lord Balsray did not consider that the pursuer, JRankine, iiacl a proper feudal title, since it was founded on the usurped rights of Walter Combs, who conveyed to her authors, in 17, confessedly without a title ; but he thought the reduction proposed by the Ordinary necessary in point of form. The hill proved, that they were conjunct- ly and severally liable. But the petiticoi was refused ;^ *' In respect that the father is altve^ and entitled to act as administratorfio-law to his ch Udrea.^' Thereafter, Mrs Lamont, and her husband as administrator for his children, offered a dis- charge ; but the pursuers refused to accept of it ; and the present action of declarator of xe- demption was raised, concluding, that it should be found and declared, that the order of re- demption prescribed by the bond had been duly observed and fulfilled by the pursuers, and con- sequently, that the bond and seisin were extin- guished, and the lands redeemed and disburdeo* cd of the said debt. and hence, that during the intermediate period, the respondent was warrant- ed in believing, that the said tenement was not to be claimed by the advocator, but that he was to be con- tented with the restricted provision of L50, payable at their mother's d^ath ; and, therefore, that the re- spondent's possesa Son was a bona fide possession, and his consumption, of the rents was bona fide* On these grounds, repe U the reasons of advocation, re- mits the cause simplic Uer, finds no expenses due." The advocator reclaimed on the general point, and the respondent on the point of expenses ; iind on advising, Lord Glerdee observed, that it was necessary to keep in view the nature of the title of pos- session. But it was defeasible, upon an offer by fhe second son, to take the subject and pay £50 to the respondent. Mr Sim^s letter of I4th July 1804, alludes to the deficiency as a thing at least suspected. Estate of Kirkleton, situated in the parish of Middlebie, Dumfries- shire. His Lord9hip thought, that the pur- suer was entitled to succeed as to the Panmure lease. Separate d^^fences were put in for Mr Cranstoun, W. It ma^ bo difet* Digitized by Google fi«o SCOTTISH JDRIST. IS Vent in a niercantile partaerahip, where ndvanoe •)f money may be, aa it often is, die condition of admi^on, ^s to the piargiier'a d^via prior 19^ the partnership, W thought It a &ir premmp* f ion tfaat JJiisy were considered by the parties as discharged ar the time the partnership was en- tered into. The Court granted warrant lor serving the petition upon the said Andrew Thomson, and allowed hmi to give in answers thereto, within ten days after service ; and, in the meantime, granted the interdict prayed for, to tiie extent of prohibiting the said Andrew Thoittson ^em remonng the children and tiie fumitmre from Mrs Thomson's custody. of Ord, the heir and representative of the said Alexander Mackensie of Ord, and Tbo- mas Mackensie* Esq., now of Inverinate and AApfe- cross, the heir and representative of the said Ken- neth Mackenzie, W. A mi- nnte of sale was executed on 12th March 1800, whereby Charles Addison, for himself, and as Commissioner for Mr Casamavor, for Mr Campbell's executors, and for Eklward Addi- son, sold the iron-works erected at Devon, and the whole property of the Devon Company, to Thomas Ii Onp for himself, and such persons as he might assume into the benefit of the agreement. Against this judgment, the respondent haying reclaimed to the Court, all the Judges concurred in oninion, that no advo- cation was competent titi ine caii^ in the Infe- rior Court was exhausted ; Asi^ in the preseuit case, there had been no conclusiv^e judgment ia the process' of coimt and reckoning; and.that^ therefore, the Lord Ordinary's interlocutor eughli to be altered. selling any part of the crop and stocking ; but these and some household fur* niture were, i^i breach of this interdict, carried Off by the pursuer, who, however, afterwards brought them back to the farm ; but having failefi to find caution, he was (24th October 1812,) or- dained to remoye from the possession at the term of Martinmas 1812. «07 ratlve, tliat by the agreement of lease betvreen the parties, the defender beeper bound to erect houses and make drains for the farm ; but that, in consequence of his not having implemented this part of the contract, the pursuer had suf- fbrealoss and damage in" his crop and stocking -'—that in July 1812, the defender raised an ac- tion against the present pursuer, on the allega- tion, that the latter was in^ arrear of rent to the amount of £555; while, in fact, tlie arrears were not more than £350 — ^that the pursuer had a right of retention for the losses he had sustained, which exceeded the arrears of rent — that the interdict and sequestration abore-men- ttoned were taken out against the pursuer, and that the crop and stocking were sold much un- der their true value ; but that, after all, there was a balance in the landlord's hands Of the proceeds of the sale, after paying all arrears. Lord Stair, iv^ 3^ § 20, defines an action to be a prosecution by any party of his riglit to a judi- cial determination thereof ; so that, where a party has got a summons, with a warrant of citation, that becomes an action which may be. It was afterwards indorsed by this gentleman to Mr William M^I^nhiy, writer in Stilling, by whom it WBS indorsed to the Stirling Banking Com- pjmy, in security of a debt due by him to them. The defender, Mitchell, having thereup- on produced the reduction required, duly ex- ecuted, the Court, on payment of previous ex- penses, remitted the case back to the Lord Ordi- nary. Ain&lie paid the whole oebt ; but it could not be maintained, that he meant only to pay his own debt, reserving his recourse against Walker and Johnston. Setting the agreement aside, the eldest son was entitled to consider himself proprietor, till intimation of the option was maoe. The reclaimin|^- note for Walter Laing was refused, with expenses since the date of the Lord Ordinary's interlocutor submitted to re- view ; and, in regard to the redaiming note for David Laing, the Court pronounced the follow- ing interlocutor : — " Adhere to the interlocutor submitte4 to review, in so far as regards expenses of process until the date of the interlocutor submitted to review, and re* fuse ^he desire of this note ; but find the respondent^ David I^aing, entitled to expenses since the date thereof, and decern therefor, with expense of ex- tract ; allow an account to be given in, and remit,** &c. Google Book Search helps readers discover the world's books while helping authors and publishers reach new audiences. The Jurist will be published regularly every Monday during the sitting of the Court of Session ; and will be found to con- tain authentic information regarding the ju- dicial occurrences of the week immedie Uely Digitized by Google SCOTTISH JURIST. Counsel for the Officers of the Board of Ordnance— Dean of Faculty and Alison ; J. The point was this — Have the pursuers proved suf- ficient facts to support the Lord Ordinary's in- terlocuor ? It was further urged for the pe- titioner, that as Nicol's re)resentatives were in England, they ought to await the decision upon their claim in the Court of Chancery. Ha conceives that the messenger could not have been sub. The pursuer heie paid the debt for the messenger, and was therefore entitled to every relief the messenger had a right to. The Court accordingly recalled the Lord Ordi- nary's interlocutor, found that the field marked B. Accordingly, after the sale, they lodged a claim in the sequestration for a prefe- rence over the price of the subjects ; which claioti the trustee rejected, upon which they presented a petition and complaint against the trustee's judgment, and contended : I. which prevented the subjects from vestlne in the tioistee by virtue of the decree of adjudica- tion, property not being transferred to a trustee by force of sequestration, but by tile adjudica- tfon 0v conveyance from the bankrupt. That fnglis and Company's right remained persoital and incomplete at the date of Mo Hson'^s seques- tration, by reason of the absence of possessicin. That the tack and subjects became, in conse- quence, and by force of the statute; vested in the trustee from the date of the first deliveraitce on the petition for sequestration. That in- timation of the assignation to the Umdlord'is tlot equivalent to possession ; and, IV. The remarks he might throw out, he be^i^ it to he understood, were only illustrative of the views he entertained. who, upon the dependence of' an appeal from the decision of the Court o C Session (March 1829,) in regard to the Pan- mure and Brechin leases, (Vide Ante^ No 184, p. — The Lord Ordinary havins considered the closed record, and whole process, aad having heard parties' procurators thereon, sustains the defences, assoilzies the defender, and decerns : Finds the pursuers liable in expenses, allows an ac- count thereof to be given m, and remits to the Au- ditor to tax the same, and to report.** " AW.— The Lord Ordinary does not think that any sufl&cient ground for reduction has been made out. with soaie diffiealty, bad at last oome fio the aame coudnsio D. This was a case of relationship ;— they are conjunct persons. You can search through the full text of this book on the web at http : //books . com/| Digitized by Google Cw UK 3co K loo SQl^ ^i L Digitized by Gooq W Digitized by Google Digitized by Google Digitized by Google Digitized by Google THE SCOTTISH JURIST; COKTAINIKa REPORTS OF CASES PEd DSD IN THE HOUSE OF LORDS, COURTS OF SESSION, TEINDS, AND EXCHEQUER, AND TBB JURY AND JUSTICIARY COURTS, FROM ISth January to the 12th May 1829. His Lordship saw no ground to doubt whether the bond applies to past transac- tions of the agent, so as to render the cautioners liable for these. Lord Gillies said, the Court were in the daily practice of recalling and restricting inhibitions. jected in dannagea for neglect, bad it appeared that the do« cument of debt was vitiated or the diligence inept ; and when the defenders compelled the ptirsuer, as his cau- tioner, to pay up the full balance of the debt, with the expense of the diligence, they were bound to assign to him the debt and diligence, with absolute warrandice. 3, eec L ^, the implied obligation must be superseded by the expressed one. He was entitled to say to the defen- ders — *' I pay you the money upon condition that you assign me the debt.^' The debt must exist — must be in rerum natura — and the as- signer is, in that case, bound to warrant its ex- istence. on the plan in process, (named Whiteraes Cross Acre Hole,) cannot be considered as run- rig land^, or subject to the proposed division ; therefore sustained the reasons of advocation, and remitted to the Sheriff to proceed of new on the principle of the above finding. That they (Ing:lis and Company), by virtue of their intimated assig- nation, had o'btained a complete legal right to the 'subjects for the sums for wliich the security was granted, and were therefore preferable over the said subjects for these sums, to the trustee in right of the general creditors. Supposing their (Inglis and Compiany) right incomplete under the original intimation (to M*Farlane), it wjis eftectually completed by tne intimation of 23d September 1819, before any effectual right was vested in tlie trustee. That the^ trus- tee's right stood upon the naked decree of adju- dication in his favour, unclothed witli possession, wliifh could not compete with their (Inglis and Company) right under their prior intimated assignation. That their mtiraation (23d September 1819) to the tenants, was t^quivalent to possession, and formed a mid^mpediineut. That intima- tion of an assignation made after sequestration, does not constitute a mid-impediment, exclud- ing the retrospective vesting in the trustee by virtue of the act 1815, § 30. Irving." " We concur in the foregoing opinion, fiut under tho following explanation: We conceive it to be unneressary to express our sentiments upon the case of Yeoman v. In consequence of this statement, it would be improper to give even an abstract of the opinion delivered by his Lordship. Maule produced these fee-simple tides as a title of possession ; but he did not found upon the entails. 121,) had an-ested all complainer'g rente" m the hands of his tenants and trustees. The decrees taken for the interests which the defender paid as cautioner, and which compose the greater number of the writs called for to be reduced, are, as has latterly been admitted by the pursuer, only craved to be opened up to the effect of taxing the expenses. Hetention^^'Party in a joint adventure held not entitled to retain more than his own share of the proceeds on ae« count of alleged dcmage from. The pursuer, defender, and others, entered into an agreement in November 1825, to run a new coach between Inverness and Eklinbiurgh, in opposition to the old coach called the Caled O' niarty already running on that road. If ao offer of counter proof had cea Uv been made, H vas the duty of the Justuoes to Jiave at onoe ad? But his Lon Uiip did ikot think it xteoeasary to go into that, look* ing, as he did, to the plain intfiiition this Act of Parliament, that tne proeeadhigs ahonld he aummary, and xo Uhma a ijacerd, which, kowever, bad been erroneously adopted by the Jnstioos* . Wi^out cottateral proof, a bond of trust could not be proved by the oath alone. This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project to make the world's books discoverable online. The Court refused the note as k'egarded the tenants, and adhered with expenses, — ^in respect that these tenants had the power of appearing for tliem- selves, if they considered that they were ag- grieved. Wi Uoh.— i) presented a suixiraary complaint against the re- spondent to the Magistrates of Glasgow. The legatees founded their claim on the following deduction of titles : — The lands of Samieston were feus held of the entailed superiority, which was included in the titles of the entailed estate of Roxburgh, under the designation of the lands of Hownam, of which these feus form a part. Turner and Logan, and the late William Cowan, (now represented by the other defender, Henry Cowan, ) purchased each one-sixteenth share of die brig Hero of Ayr, and paid the price there- of. He was opinion» however, that the question before them regard- ed only the Redcraig quarry ; and that an un- derstanding to thit effect should be expressed in this interlocutor. He had been assumed as a pj^tnertp the ej Ltent of a one-eighth share, which was all he held at the dissolution of that concern. When Sharp ceased to be a part owner, he, with consent of the other owners, delivered over the vessel to the charger as ship'a-hus- band ; and in particular, he explained to the charger his previous practice of insuring the suspender's half of the vessel. His Loidship had accordingly prepared full notes, which he liad read over and over again, and should merely read these as containing the opinion which he had formed. 2d, That it Tfas proved, by the evidence ih process, that the lot- tery ticket in dispnte was tlie respondent's pro- perty : and 3d, That even if, to a certain extent, nirther proof were deemed necessary, the res« pendent most be entitled to supplement the pre- sent proof by the oath of the bankrupt. The Court recalled the interlocutor in hoc siatu^ and remitted to the Lord Ordinary to prepare and close the record.

About Google Book Search Google's mission is to organize the world's information and to make it universally accessible and useful. Not unfrequently a question may be decided to-day, establish- ing legal doctrines or pointsof form never pre- viously considered, which, before a fortnight has elapsed, may be used as precedents in judging or regulating the most important ana- logous cases: — And both Counsel and Agents, in town as well as in the country, may un- avoidably remain for months ignorant of the existence of judgments, which, if seasonably communicated, from being founded on si- milar species /ac Hj would be of essential advantage to them in the preparation of causes intrusted to their care* Considerable expense, and often great inconvenience, is thus sustained, which might have been al- together obviated by a more frequent and early publication of the proceedings of the Supren e Courts ; and, if the conductors of the Scottish Juristy by collecting and circu- lating, WEEKLY, a careful report of those proceedings, in a cheap and convenient form, can in some measure diminish the labours, and facilitate the inquiries of legal practition- ers, they will accomplish the principal object of their undertaking. Counsel for Mrg Johnston — Solidtor- General and More; Tboraaa Darlins* S. On advising a petition and answers, (I4th June 1825,1 the Court adhered to this interlocutor* so far as it found the property liable for poor's rates ; but ^oad ultra^ and as to expenses, recalled the judgment, and remitted to the Lord Ordinary io bear counsel Cases to the Court were or- dered by the Lord Ordinary (15th February 1827;) at advising which, the Judges ex- pressed an opinion, that a valuation should be put upon the property, as la a state of agri- culture. It mut-t be de- cided on the broad principles of equity. They farther (Jenied, that the remainder of the estate would be sufficient to pay their debt. Lord Ordinary, Meadowbank.— ^c^ Dean of Faculty, Jameson. This de- fence was sustained by the Lord Ordinary^ who accompanied his interlocutor with the fol- lowing no/«:— ** Note.— i Hltf Lord Ordinety has found no expenses due, because be ttiinka the pursuer's is a hard case. The pursuer reclaimed against this interlocu- tor ; nnd the Lord Ordinary, upon the Court remitting to his Lordship to reconsider the cause, appointed cases, on advising which, Lord Bahrat/ thought it a case requiring mature consideration. The Court, therefore, refused the reclaiming note, and adhered to the Lord Ordinary's inter- locutor. Lord Gillies thought the application of the statute here must be determined by expediency ; and he was not prepared to say that the division was expedient in this case. inglis and Company had previously intimated their willingness that the trustee should diayr the rents, without prejudice, however, to any claim of preference they might have under their assignation. He had consi- dered it proper to put down in writing tills de* liberate opinion, and he would communicate it to the parties. Maulc, Esq.- Betpondent, Arrestrnffit, — A party who had imd arrestments on a' depending action; htivinfr parti tf tutceeded in taid ae^* tion, found entitled to lity on addihokai arrestments pending an Appeal, This ^vas a bill presented by the Honourable' Wil Uam Maule of Panmure, and Ifis trustees, for letters of loosing arrestment against Wil- liam MUule; Esq. The groimds of action are sufficiently explained in the following inter- locutor of the Lord Ordinary : — ** 27th January 1829. His Lordship thought there was more difficulty as to the ques- tion of service, which ceremony did not seem to Digitized by Google Mo. 860 be co Blenplal€id by the Ant of Par Bametott j Jv thongh there (oerteinly wm great har4«hip in taking up and trying a Minq Qent altogether, ef Lord Mactentiefjithongh. But he took it from his repositories, luad gave it to* the trustee.

A public domain book is one that was never subject to copyright or whose legal copyright term has expired. The respondent (4th July 1825) then institut'ed a' co Mip Iaint before the Ma. In 1737, the said John Duke of Roxburgh iwhom for perspicuity we shall call First Duke ohn) purchased the dominium utile of the lands of Samieston, from Gladstone and Davidson, taking a disposition from them in favour of him- telf and his heirs of tailzie, as contained in the rights and infeftments of the estate of Roxburgh. For freiglit of the said ves- sel in a voyage to the Canary Islands, Messrs Hayes of Belfast, and Sanderson and Company in London, became indebted to the Comnan^ in a considerable sum,— for the recovery of which, the defenders. Lord Ordinary, MHckenzie.— For Saspenders, For- syth ; H. nury has no doubt, that, keeping ib view Mr Follok'a former situation, Mr Buchanan did consider himself acting libe'rally, when he proposed to give him a thiid of the near business. The charger made the insur- anceir on these voyages, and claimed reimburse- mfent for the suspender's proportion. Record of Inferior Court — Opetnns; up*-^^An ^ion was brought before the Snerifi^, in which, After the summons, defences, and replies were lodged, a condescendence and answers were or- dered. Sidey and Son, Book- sellers, Perth— Thomas Miller, Bookseller, Dundee- Brown and Co., Book»ellers, Aberdeen— Wm. Crawford, B«Hk8«ller, Kilmarnock John Johnston, Bookseller, i3umfrieii; John llankme Bookseller, Falkirk; and George Mait Undf Bookaetier, £lgin. Panmure was forfeited in 1715, and his eatate was purchased by the York Building' CJompany, who granted tacks of narts of the estate or Panmure and Brechin. It was answered by the respondent, — 1st, That the circumstances in the present case precluded Digitized by Google S74i SCOTTISH JUni ST. was advised, the following opi- nions were delivered ; — Lord Pitm Uii/ stated, that he considered this to be a case of general importance in the faw of evidence as to bankruptcy. 12,47 r.— (4) Nair v, Ogilvie, 2d December 1713 ; Ritchie »: M*Koy, 7th March ld26. — Counsel for Advorutiir, Tawse, Skene, and Cuninghame; A* TMwse, W. Agent — For Respondent, Solicitor- Geiienil^ Porsytii, and Ivory ; Diniel Fi«her, Agent;— Mr Thomion, .

Whether a book is in the public domain may vary country to country. Rtttpwuibil Hy &f A^ent^^^Thk was a petition and complaint at the instance of the Leilh Bank- ing Companyi and Mr Johnstone their manager, arising out of the following circumstances :— Scott for some time held the situation of «gen| for a branch of the Leith Bank at Lang the pre- vious titles, and a stipulation that the purchaser should grant bond for payment of the reversion of the price to Wightman secundo loco, as credi- tor in the real burden. Legitim.'^By contract of marriage (llth March 1802), between Archibald Cochran, jiinior, and Miss Sommerville, Mr Cochran, se« nior, became bound to pay to the children of the marriage. gistrates against John Henry Alexander, — con- cluding, that he should relieve the respondent from the conc Pasions of the tummctry com' plaint at the advocator'^s instaoop. The disposition contained a procuratory of resig- nation ad remanentiam^ to the effect that the property might be consolidated with the supe- ^pnj^y, under the express provision and qualifi- - catjoa» that the property or dominium utile should not be subject to the fetters of the entailir Upon this procuratory, resignation ad rema" nentiam took place under that provision and qualification. Protest — Warrandice.^^Harrhon and the de- fenders (Wilson and Maclellan), were indorsers of a promissory-note whicli fell due at the Gree* nock Bank on 28th October 1820; and being dishonored, was protested at the instance of Thomson, the cashier of the said bank, the last indorsee. Turner and Logan, granted a mandate to one of their copartners,^in the fo L lowing terms : — "* but that these provisions were binding on the pursuer, whether the granter had other means of providing for his younger children or not. An interlocutor was accordingly pronounced, adhering to. Certain it is, that Mr Buchanan did propose the third; and the Lord Ordinary is satisfied that this third was accepted of by Robert Pollok, comprehending the whole business cond^icted by them, both in America and in England. But the sus- pender maintained, that he m^ver authorised the charger to eflfect the insurances claimed ; that« at their date, he was not an owner of the vessel, and merely acted for his sons, to whom a share of it belonged. The defender, in his answers, inserted a counter averment of facts.; and the Sheriff, with- out consulting the parties, or being consulted by them, then made avizandum, and closed the re- cord. On 17th May 1724, they granted a tack of Panmure House a Ad grounds to the Conntess of Panmnre. The examination pf a witness, and the deposition of a party on reference to oath, depended on different, or ra- ther on opposite principles.

There was nothing in Marshall's report to lead them to think so. Sinclair's evidence shewed that this agent had applied the funds of the Bank to his own purposes » and recalled the Sheriff's interlocutor, quoad Jeffrey, — decerning against him for the sum of L25, ISs. to them in 1582, enabling them to found the College, with the power of selecting, instituting, and removing such peasons as they may think fit to teach the different branches of philosophy and science. by Pat Rose, residing in Edin- burgh, and discharging him of debts contracted psior to 2ad Nov. There was nothing new here, except tlie plea of minority. Fonyth, Cockbuni and Rutherfun L — Pursuer's Agents, Greig h Morton, W. The liquidation of previous claims could not have been an element of die partner- i Bliip agreement in 1813. Lard Gi Ht M said, there were two questions here — I. If he had brought an action against the defender then, he would have been entitled to a ' great deal. The Lord Ordinary, on 11th December 1828, pronounced the following interlocutor : — ** The Lord Ordinary having heard* the Counsel for the different parties in this cause, in respect, H ap- pears to the iiord Ordinary, that the sumroons, as against James Scott, Robert Roy and Thomas Mac- kenzie, executors under the will of the deceased George Mackenzie, Esq. Lord Mansfield, who was infeft on 26th November 1825. Objections and answers having been given in, the Lord Ordinary, 21st February 1828, remitted the whole to Mr Guthrie Wright to examine and report. Edikbuboh : Print id, Pablished, and Sold by Michail Aif Dnsc i4iw-Printer, I .. The word process was vaguely used by institu- tional writers, but he considered it to possess a wider signification than the term action. C^ses were ordered by the Lord Ordinary^ with which ha .aifterwiurda made avisandum to tlie Cour L Lord Balgriy, with whom the other Judges concurr^ ip opinion, could not conceive how a party taking a bill after it was dye, and ha4 Deed retireo, should not be subiect to ^11 excep- tions competent against his author. The Lord Justice-Clerk having concurred, an interlocutor, adhering to that of the Lord Ordi- nary, was pronounced.

7d., being the restricted sum pursued for, with interest from 1st July 1822, and finding Jeffrey liable in expenses, both in this and in the Inferior Court, — ^reserving con- sideration of the question as to the other defen- der. This charter confirms the previous grant by Queen Mary, in 1565, of certain revenues to the pursuers, for the purpose of founding a college, of which they were to be the founders and patrons ; and it bestows upon tlie pursuers, in a more explicit and direct man- ner, the powers and duties which Queen Mary's grant bad merely implied. Henry George Watson, accountant in Edin- burgh, trustee on estates of R. Dicksons, archi- tects and builders there and in Portobello, as a Ca and as individuals. He saw no reason to in- duce him to alter his opinion, that the leases in question had been cut off both by the positive and negative prescription. It has been so decided in regard to a lease of teinds» The (question then, is — Was there a title of pre- scrip Uon in William Earl of Panmure ? It was not consistent with an .ordinary view of these transactions to /a Mppo^ that Mr Campbeirs share was to be .one-half. It is impossible to maintain the pro- position, that when he was principal clerk and manager of the bnsinessi he was to get nothing except for his writings. IVhenlie wins as- sumed as a partner (of which there is clear evi- ^dence^) were his former claims discharged by that ? his father, the defenders, is Jrregular- ly and incorrectly laid, in so fsir as regards the con- clusions against them ; therefore, dismisses the action quoad the said defenders, and decerns ; iiodi them en- titled to their expenses, appoints an account thereof to be given in, and remits to the Auditor of Court to tax the same, when lodged, and to report, — reserving to the pursuer, such action as may be competent to him against the proper representatives of the deceased Captain Kenneth Mackenzie, the l? The present action of reduction-improbation, declarator of non-entry, &c« was brought by Lord Mansfield for reducing the minute of sale and disposition by the original feuars in favour of Thomas Longridge and others, as being in direct violation of the terms of the feu-contract, and for having it found and declared, that the pursuer has the onlv good and undoubted right and title to the lands ; or at least, that the lands have been in non-entry as to the respective shares belonging to J. Under this remit, the accountant brought out a balance of L99, KK 5. An action was beg^, and (according to old phra- seology) intented by executing the summons; oiiid his Lordship considered, that from the time the stimmons was executed, it was a depending action, susceptible of transference. It might b« indorsed, no doubt, but whenever it was taken out of the circle, and it appeared u nor if Fraser Houston and Co^ had proceeded to ac- cept Walter Logan's drafts, and referred for payment to Fraser, Perring, Godfrey, Shaw, Barber and Co«;— this was merely equivalent to an order on their own bankers ; but by the conception of the obligation, the guarantees rely on the acceptances of Fraser and Co« not of any bankers they might choose to emp lor.— There was a great and essential change produced by the new measure, on the security in contemplation under the obligation of guarantee, and therefore inti- roadon and approbation seems to me to be requved. Mbssi Is Gr B90N- Homdogalion,'-' Circumstances uru Ur which!

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