514. Sheriff Sequestration-Trustee burgh & Glasgow Rly. Co. v. Cadder Road Trs., Payment of Dividend.-An inferior court 1842, 5 D. 218; 15 J. 61. has no jurisdiction to entertain an action 519. Sheriff-Sheriff-Substitute-Sequesagainst a trustee on an estate under sequestra-tration tion for payment of a dividend alleged to be due to a creditor. Mitchell v. Wilson's Trs., 1829, 7 S. 841; 4 Fac. 1130. 515. Sheriff-Servitude-Sheriff Courts Act, 1838, s. 15.-Several proprietors of subjects raised an action before the sheriff of Lanarkshire against the proprietors of a tenement situated on one side of a lane, alleging that a tenant of the defenders had opened a door into the lane, on the mere tolerance of the pursuers; that the defenders, though they had no right of access by the lane to their property, refused to shut up the door; and, libelling on 1 and 2 Vict. c. 119, s. 15, they concluded to have it found that they had "the only good and undoubted right to the said lane or passage," as "a private entry to their properties, and to shut up the same from the public by a gate as heretofore"; that the defenders "have no right of access to their property by the said lane or passage, or any right of servitude over the same," and had no right to make the opening into the lane. Held that as the pursuers disclaimed any other right in the lane than a right of servitude, the action was competent in the sheriff court. Brown v. Currie, 1843, 5 D. 463; 15 J. 232. 516. Sheriff Sheriff and Jury-Forgery. -Opinion expressed, that certain cases of forgery may be tried before the sheriff and a jury. Kennedy, 1839, 2 Swin. 447, n. 517. Sheriff-Sheriff-Substitute-Parish Schoolmaster-Complaint by Heritors and Ministers Parochial and Burgh Schools (Scotland) Act, 1861.-A complaint presented under s. 14 of the Parochial and Burgh Schools (Scotland) Act, 1861, to the sheriff of the county of Fife was entertained by the sheriff-substitute, who ordered service and answers, and pronounced an interlocutor repelling pleas stated for the schoolmaster. The sheriff, on appeal, recalled the whole interlocutors, and proceedings which had followed thereon, on the ground that the statute conferred jurisdiction only on the sheriff, of new ordered service and answers,-proceeded to the trial of the case, and pronounced sentence of deprivation. In a suspension, held (1) that the sheriff-substitute had jurisdiction under the statute; but (2) that the sheriff, having jurisdiction also, had committed no irregularities in excess of his jurisdiction which could entitle the suspender to have the sentence set aside. Fleming v. Dickson, 1862, 1 M. 188; 35 J. 96. 518. Sheriff Sheriff-Substitute-Review -Railway Act.—Held that an appeal to the sheriff against a judgment of the substitute, in an application to have a railway company ordained to restore a road or supply another, was not excluded by the Railway Act. Edin A Fraudulent Concealment. sheriff-substitute has jurisdiction to try the offence of wicked, felonious, and fraudulent concealment or clandestinely putting away by a person whose estates have been sequestrated, and who is undischarged, of property or effects which belonged to him prior to such sequestration, for the purpose of defrauding his Dawson v. M'Lennan, 1863, 4 Irv. creditors. 357; 35 J. 515. 520. Sheriff-Sheriff-Substitute - Libel Charging Same Crime. It is incompetent to try an accused person before the sheriff on a libel charging the same crime and drawn in the same terms as one on which he had previously been indicted before the sheriffsubstitute, and which had been dismissed as irrelevant. Longmuir v. Baxter, 1858, 3 Irv. 287; 31 J. 33. 521. Sheriff Slander Commissary Court Act, 1823.-The sheriff has jurisdiction, as commissary, under the statute 4 Geo. IV. c. 97, to entertain an action for slander concluding, with concourse of the procuratorfiscal, for damages, fine, and palinode. Turner v. Cuthbert, 1831, 9 S. 774; 6 Fac. 499. 522. Sheriff Superior and Vassal Missives of Feu-Erecting Houses.-Doubts expressed whether an action at the instance of a superior, concluding to have his vassal ordained to erect houses in terms of missives of feu, was competent in the sheriff court. E. of Moray v. Pearson, 1842, 4 D. 1411; 14 J. 493. 523. Sheriff Summary Falsehood, Fraud, and Wilful Imposition. - Circumstances in which held that a case of falsehood, fraud, and wilful imposition was properly tried by the sheriff in a summary form. Opinion, that application for a trial by jury might competently be made by the accused after pleading to the libel. Hood v. Young, 1853, 1 Irv. 236; 25 J. 446; 2 Stuart 453. 524. Sheriff-Trustees-Heritage-Domicile of Truster.-Held that trustees of a party deceased, who was proprietor of an heritable property in which he had carried on a manufacture, may be sued before the sheriff of the county where the deceased lived, where the property lay, and where the managing trustee resided, although the majority of their number personally dwell in another county, they being cited by letters of supplement. Black v. Duncan, 1827, 6 S. 261; 3 Fac. 251. 525. Summary-Police Magistrate-No Regular Complaint.-A police magistrate has no jurisdiction to try an alleged offence, except upon a regular complaint. Welsh v. Macpherson, 1850, 1 J. Shaw 345. 526. Succession-Deceased Resident in Scotland-Intromission by Person Resident in England-Arrestment of her Pri vate Funds in Scotland.-A person resident in England intromitted with a Scots executry estate. Held that arrestment of her private funds in Scotland was sufficient to found jurisdiction against her in a question between her and beneficiaries claiming a share of the executry estate. Macadam v. Macadam, 1873, 11 M. 860; 45 J. 525. 527. Teind Court-Action of Repetition and Accounting.-An action of repetition and accounting is incompetent before the Teind Court. Lawson v. Lindsay, 1822, S. (Teinds) Cf. Henies Maxwell v. Jardine, 1827, S. (Teinds) 143; 3 Fac. 49. 32. 528. Teind Court-Augmentations of Stipends.-Held that it is within the legal powers of the Court of Teinds to receive applications for modifying and augmenting the stipends of parochial ministers out of teinds, and to determine upon them according to the state of matters at the time, and the merits of each particular case, notwithstanding a former augmentation made since the year 1707. Minister of Prestonkirk v. E. of Wemyss, 20 May 1808, F. C., note; 5 Pat. 210. Affg. 3 Feb. 1808, F. C.; M. "Stipend" App. No. 6. Mitchell v. Officers of State, 1787, 3 Pat. 140. See also Minister of Avondale v. D. of Hamilton, 1808, 5 Pat. 224. 529. Teind Court-Commissioners for the Valuation of Teinds. Opinion (per Lord Curriehill), that the commissions for the valuation of teinds prior to 1707 were parliamentary commissions having administrative powers to carry through valuations at the instance of any person interested, and not judicial tribunals, which could only do so when all parties interested had been called. Opinions contra. Deans of Chapel Royal and Her Majesty's Advocate v. Johnstone, etc., 1867, 5 M. 414; 39 J. 220. 530. Teind Court-Proving the TenorCasus amissionis.-The Teind Court has jurisdiction in actions of proving the tenor, where the casus amissionis is alleged to be, that the deed was burned in the fire of 1700, or lost by the wreck of the ship bringing the records to Scotland after the Restoration. Martin v. Sir J. Oswald, 1840, 3 D. 40; 15 Fac. 362. Alexander v. Oswald, 1840, 12 J. 280. 531. Teind Court-Reduction of Locality -Repetition as to Past Stipend.-Reduction of locality, to the effect of obtaining repetition as to past stipend, and not to the effect of regulating payment in future, is not competent before the Teind Court. Maxwell v. Jardine, 15 Nov. 1827, F. C.; S. (Teinds) 143. See Lawson v. Lindsay, 1822, S. (Teinds) 32. 532. Tweed Fishing-Tweed Fisheries Act, 1857-Prosecution Summary Procedure Act, 1864.-Held that it was competent to prosecute under the procedure prescribed by the Summary Procedure Act, 1864, a contravention of the Tweed Fisheries Act, 1857. Halliday v. Bathgate, 1867, 5 Irv. 382; 39 J. 446. 533. Valuation Appeal Court-Sovereign Court.-The Valuation Appeal Court is a Supreme Court, and its proceedings cannot be set aside by the Court of Session on the ground that they are ultra vires and incompetent. Stirling & Sons v. Holm, etc., 1873, 11 M. 480; 45 J. 306. 534. Water-Bailie of Clyde-Action by the Magistrates of Glasgow. It is competent for the water-bailie of Clyde to entertain an action by the magistrates of Glasgow, although he is one of them, and their assessor is also his. Napier v. Mags. of Glasgow, 24 Nov. 1821, F. C.; 1 S. 165. 535. Water-Bailie of Clyde American Ship in Scots Ports-Action by Seamen against Master for Wages and Damages. In an action before the water-bailie of Clyde, by American seamen, against the master of an American ship engaged in America, for wages, and for damages on account of maltreatment on a voyage from America to Ireland, where and was arrested by the seamen, held that the the vessel had been driven into a Scots port, courts of this country had jurisdiction to do justice between the parties. Bernard v. Connar, 11 June 1811, F. C. 536. Water-Bailie of Clyde-Civil Maritime Causes.-Jurisdiction of the water-bailie of Glasgow in civil maritime cases sustained. Cochrane v. Kirkland & Co., 1824, 3 S. 73. 537. Water-Bailie of Clyde Jurisdiction to Hear a Cause at the Instance of the Magistrates of Glasgow. In an action before the water-bailie of the Clyde, at the instance of the magistrates of Glasgow, held not a good objection to his jurisdiction, that he was one of the magistrates, and his assessor was their assessor. Napier v. Mags. of Glasgow, 24 Nov. 1821, F. C.; 1 S. 165. Cf. Hull & Leith Shipping Co. v. Sandeman, 1829, 7 S. 764. 538. Water-Bailie of Clyde-Magistrates of Glasgow-Arrestment of a Vessel-A warrant from the magistrates of Glasgow, with concurrence of the water-bailie, is sufficient to arrest a vessel on the Clyde, and within their jurisdiction. May v. Malcolm, 7 June 1825, F. C.; 4 S. 76. 539. Water-Bailie of Clyde-Sea-Basin of Forth and Clyde Canal.-Question, whether the sea-basin of the Forth and Clyde Canal, adjoining the river Clyde, but above the level thereof, and separated by a lock, be within the jurisdiction of the water-bailie, so as to warrant the arrestment, under his precept, of a vessel M'Donald v. Parlane, lying in the basin. 1834, 22 S. 654. Bail, 1-4. JUSTICIARY Civil or Criminal? see title Jurisdiction. Complaint, 20–53. AMENDMENT, 20, 21. COMPETENCY, 22–33. FORM, 25. Complaint (continued)- PETITION AND COMPLAINT, 51. SPECIFICATION, 36, 40, 42, 45, 46, 50. Frauds in Linen Trade, 24, 53. Prevention of Cruelty to Animals, 40. Weights and Measures, 21, 39, 43. Conviction, 54–201. ACQUIESCENCE, 54, 55. ALTERNATIVE CHARGE, 56–58. APPEAL, 59-64. COMPETENCY, 65–92. FORM, 93. POLICE OFFENCE, 72, 95, 96, 116, 122-132, STATUTORY OFFENCE, Edinburgh Slaughter-House Act, 182. General Turnpike Road Act, 134. Gunpowder Act, 1860, 196. Illegal Possession of Materials used in Manufacture, 98-100, 103, 109, 194. Mercantile Marine Acts, 199. Merchant Shipping Act, 1854, 188, 189. Removing Cattle without Licence, 184. Combination, 67, 162. Desertion of Work, 83, 89, 90, 101, 105, 181, 183, 186. Refusal to Work, 172-175. SUMMARY, 86-88, 106, 107, 182, 198,199. Allocation of Penalty, 94. Competency, 98-106, 108, 109. Complaint, 107, 110–113, 115, 139. Fraud by Bankrupt, 117, 118. Indictment, 119–122. Locus delicti, 121. Police Offence, see Police Offence. Statutory Offence, see Statutory Offence. AGGRAVATION, 202. SENDING THREATENING LETTER, 303, 304. Expenses, see that title. Fishing Offences, see title Fishing. Game Laws, Offence Against, see title Game. ACCUMULATION OF PANELS, 338. ALTERATION, 339-368. COMPETENCY, 369, 370, 377. CUMULATIVE CHARGE, 371–376. DESERTION OF DIET, 378, 379. FORM, 380-403, 557. LATITUDE OF TIME, 362, 404-409. POST OFFICE OFFENCE, 389, 390, 615-618, 705. RELEVANCY, 410–705. Accumulation of Charges, 410. Indictment (continued)— RELEVANCY (continued)— Administering Drugs, 411. Aggravations, 412-425, 668, 969, 674, 675, 677, 680, 688, 693. Alternative Charges, 426-438. Assault, 439-445. with Intent-Art and Part, 439. on Member of College of Justice, 440. Malice, 441. Attempt to Break Prison, 446. to Commit Fraud, 447. to Commit Theft, 448. Bigamy, 449-456. Breach of Trust, 457-462. "Breaking Open Lockfast Places with Intent to Steal," 463. Child Murder, 464-466. Circulation of Blasphemous Works, 469. Clandestine Celebration of Marriage, 467, 468. Concealment of Pregnancy, 470. Conspiracy, etc., 472, 473. Corrupt Practices, 471. Culpable Homicide, 474-486. Culpable Neglect of Duty, 486-489, 705. Culpable Burning of Straw, etc., 491. Designation of Accused, 496, 497, 500-511. Discrepancy between and Service Copy,521. Embezzlement, 522. Fabricating Writs, 523, 524. Falsehood, Fraud, and Wilful Imposition, 525-534. Fire-Raising, 535-540, 704. Forgery and Uttering, 541-556. Form, 557. Fraud, 558-562. Fraudulent Bankruptcy, 563-576. Innominate Offence, 584. Intent to Murder, 585. Lewd Practices, 586. Malicious Mischief, 587. Mobbing and Rioting, 588-600. Murder, 601-608. Malice, 604, 605, 608. Perjury, 609-614. Post Office Offence, see Post Office Offence. Prisoner's Declaration, 619. Publishing Blasphemous Works, 620. Procedure (continued)—— TRIAL (continued) Delay, 1048-1054. Desertion of Diet, 1055-1062. Diet, 1063-1066. Forgery, 1067. Jury, 1068-1078. Outlaw, 1047, 1091. Panel, 1045, 1046, 1079, 1080, 1093. Deaf and Dumb, 1046. Plea-in-Bar, 1081-1089, 1365. Separation of Trials, 1094-1102. Special Defence, 1103-1106. Warrant, 1122-1138. Witness, 1120, 1121, 1139, 1140. Revenue Laws, see title Revenue. AMENDMENT, 1148. FUGITATION, 1297, 1298. MODIFICATION, 1299-1302. PENALTY, 1303-1311. PLEA-IN-BAR, 1312, 1313. SUSPENSION, 1289-1291, 1316–1335. Statutory Offence, 1336-1350; see also under Complaint, Conviction, Indict |