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INDEX OF STATUTES.

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19 and 20 Vict. c. 60 (Mercantile Law Amend-

19 and 20

19 and 20

20 and 21

25 and 26

1808), p. 342

c. 151, p. 272

c. 120 (Judicature Act 1825), pp.
28, 85, 445

25 and 26

25 and 26

25 and 26

c. 69 (Night Poaching Act 1828),
p. 481

2 and 3 Will. IV. c. 65 (Representation of the
People Act 1832), p. 143

1 Vict. c. 41 (Small Debt Act 1837), p. 589, 611
5 and 6 Vict. c. 35 (Income-Tax Act 1842),

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pp. 134, 492, 620

c. 19 (Lands Clauses Consoli-
dation (Scotland) Act 1845),
p. 648

...

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25 and 26

25 and 26

27 and 28

...

Act

c. 33 (Railways Clauses Con-
solidation (Scotland)

1845), p. 208

c. 83 (Poor Law Amendment
Act 1845), p. 350

c. 36 (Entail Amendment Act
1848), p. 422

c. 36 (Court of Session Act
1850), p. 814

c. 92 (Prevention of Cruelty to
Animals Act 1850), p. 283
c. 34 (Income-Tax Act 1853),
p. 492

c. 93 (Burgh Harbours (Scot-
land) Act 1853), p. 742
c. 91 (Valuation Act 1854),
P. 497

c. 104 (Merchant Shipping Act
1854), pp. 317, 603
c. 79 (Bankruptcy Act 1856),
pp. 176, 199

c. 58 (Registration of Voters
(Scotland) Act 1856), pp. 141,
242

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ment (Scotland) Act 1856),
p. 598

c. 79 (Bankruptcy Act 1856),
pp. 176, 199, 359, 382
c. 113 (Evidence in Foreign
Suits Act 1856), p. 456
c. 58 (Valuation Act 1857),
p. 497

C. 35 (Public-Houses Acts
Amendment (Scotland) Act
1862), pp. 297, 300, 618
c. 89 (Companies Act 1862),
pp. 20, 29, 264, 290, 375, 433,
864

c. 97 (Salmon Fisheries (Scot-
land) Act 1862), p. 275
c. 101 (General Police and Im-
provements (Scotland) Act
1862). pp. 177, 329, 530
c. 203 (Aberdeen Police Water-
works Act 1862), p. 481
c. 204 (Glasgow Police Act
1862), p. 612

c. 53 (Summary Procedure
(Scotland) Act 1864), pp. 279,
601, 603, 608, 724

c. 273 (Glasgow Police Act
1866), pp. 208, 479, 612, 617
30 Vict. c. 23 (Customs and Inland Revenue Act

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c. 101 (Public Health (Scot-
land) Act 1867), pp. 285, 299,
612

c. 100 (Court of Session Act
1868), pp. 102, 738, 803, 808
c. 123 (Salmon Fisheries (Scot-
land) Act 1868), p. 476
c. 52 (Extradition Act 1870),
p. 456

c. 42 (Citation Amendment
(Scotland) Act 1871), p. 589
c. 62 (Education (Scotland) Act
1872), pp. 44, 448, 478

c. 42 (Building Societies Act
1874), p. 456

c. 94 (Conveyancing Act 1874)
pp. 361, 436

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44 and 45 Vict. c. 21 (Married Women's Pro-
perty (Scotland) Act 1881),
p. 598

45 and 46

45 and 46

45 and 46

46 and 47

46 and 47

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49 and 50 Vict.

49 and 50

...

c. 42 (Civil Imprisonment (Scot-
land) Act 1882), p. 735
c. 53 (Entail (Scotland) Act
1882), pp. 422, 820

C. 77 (Citation Amendment
(Scotland) Act 1882), p. 589
c. 56 (Education (Scotland) Act
1883), pp. 44, 478

c. 62 (Agricultural Holdings
Act 1883), pp. 336, 652

48 Vict. c. 16 (Registration Amendment (Scot-
land) Act 1885), p. 497
c. 23 (Companies Act 1886), p. 29
c. 29 (Crofters Holdings (Scot-
land Act 1886), p. 199
c. 35 (Criminal Procedure (Scot-
land) Act 1887), pp. 67, 608
c. 58 (Coal Mines Regulation
Act 1887), p. 387

50 and 51

50 and 51

51 and 52

52 and 53

52 and 53

52 and 53

54 and 55

54 and 55

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INDEX OF SUBJECTS.

Abandoned Appeal. See Process.

Abandonment by not Proceeding to Trial within
Twelve Months of a New Trial being Allowed.
See Process.

Abatement on £120 on Incomes under £400. See
Revenue.

Acceptance. See Company -Process.
Accession. See Bankrputcy.
Accident. See Insurance.

Account-Current. See Prescription.
Accretion. See Succession.
Accumulation. See Succession.

Action for Custody of Bastard Child. See Parent
and Child.

Action Premature. See Process.

Action of Damages. See Property.
Action of Relief. See Poor.

Action of Relief by One Insurer against Another.
See Insurance.

Acquiescence. See Contract.
Administration. See Trust.

Administrator-in-Law. See Trust-Settlement.
Admission of Debt with Explanation. See Refer-
ence to Oath.

Admission to Poor's Roll Refused. See Poor's

Roll.

Admissibility. See Culpable Homicide.
Adoption of Liability. See Homologation.
Advertisement Hoarding. See Justiciary Cases.
Affiliation-Proof - Corroboration of Pursuer's
Evidence -Semiplena probatio. In an action
of affiliation, in which the pursuer's evidence
was consistent and uncontradicted, in which
witnesses spoke to seeing the pursuer and de-
fender together but not in suspicious circum-
stances, and in which the defender had writ-
ten a curiously expressed letter denying the
paternity of the child, the Sheriff-Substitute
granted decree in favour of the pursuer. The
Court (Lord Young diss.) recalled the judg
ment, on the ground that the pursuer had
failed to prove her case. Observed by Lord
Trayner, that corroboration of the pursuer's
evidence was as necessary in an action of
affiliation as in any other action, and that the
old doctrine of semiplena probatio was entirely
obsolete. Case of M'Bayne v. Davidson, Feb-
ruary 10, 1860, 22 D. 738, referred to.
M'Kinven v. M‘Millan, p. 308.

Affiliation and Aliment of Illegitimate Child. See
Husband and Wife.

Agent and Client-Employment-Privity of Con-
tract-Reparation-Professional Negligence-
Donation. An uncle informed his nephew
that he had bought a house which he intended
to present to him, and that he proposed to
consult a certain law-agent as to the titles.
The nephew acquiesced in the uncle's
choice of the law-agent, but did not inter-
fere actively in the transaction or employ
the law-agent. The transaction was com-
pleted without a search for encumbrances
being made, and after the death of the law-
agent the nephew was evicted from the pro-
perty by a bondholder In an action at the
nephew's instance against the representative
of the law-agent-held that as the pursuer
had not employed the law-agent, he had no
title to sue. Question, whether the represen-
tative of the deceased law-agent could in any
view have been made liable, in respect that
on the discovery of the burden neither notice
thereof nor any opportunity of clearing it off
had been given. Question, whether a partner
who had been assumed by the law-agent after
the transaction could be made liable. Tully v.
Ingram & Mackenzie and Others, p. 78.
Agent and Principal-Agent for a Business for a
Specified Time-Principal Ceasing to Carry on
Business before Expiration of Time-Damages
-Recompense. In an action of damages the
pursuers averred that they had agreed to act
as agents in Scotland for the sale of goods
mannfactured by the defenders (an English
firm) consisting of leather goods, dips, and
glues, at a certain rate of commission and
other allowances, for a period of five years
unless broken by mutual consent, and with a
reconsideration of terms for leather at the
end of the first year; that before the end of
the first year the defenders intimated to the
pursuers that they intended to give up their
fancy leather trade, and advised the pursuers
to become agents for another firm in the same
line of business to whom they offered the pur-
suers an introduction; that the defenders in-
mated that in other respects they were will-
ing to adhere to the agreement; that the

pursuers declined to depart from the agreement, and held the defenders liable in damages for their breach of it. The pursuers further averred that at the defenders' request, in order to suit the requirements of the defenders' business, they had removed to a larger office at an increased rent, which had become unnecessary owing to the defenders' breach of the agreement, and for which therefore they inaintained, alternatively, the defenders were bound to recompense them. The Court dismissed the action as irrelevant, holding (1) that it was not a condition of the agreement founded on that the defenders should continue in the fancy leather trade for any particular time, and therefore that there had been no breach of contract; and (2) the risk of the defenders ceasing to continue in the business being under the agreement with the pursuers, the defenders were not liable for the increased rent of the pursuers' office upon the principle of recompense. Patmore & Company v. B. Cannon & Company, Limited, p. 883. Agent-Disburser. See Expenses.

Agreement to Insure. See Insurance.
Agreement to Pay Fixed Sum in lieu of Insucken
Multures. See Servitude.
Agricultural Lease. See Contract.
Alibi. See Justiciary Cases.

Aliment-Arrears of Aliment-Imprisonment for Non-Payment-Civil Imprisonment (Scotland) Act (45 and 46 Vict. c. 42), sec. 4. Held that it is competent for a Sheriff to grant warrant of imprisonment against a person who has failed to pay arrears of aliment. Observations upon the case of Tevendale v. Duncan, March 20, 1883, 10 R. 852. Cain v. M'Colm, p. 735.

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jections to the competency of the petition. Marquess of Stafford v. Duke of Sutherland,

p. 432.

Appeal to the House of Lords. See Process.
Appeal, whether Barred by Implement of Decree.
See Process.

Application for Sist. See Process.
Application for Shares. See Company.
Application of Stipulations to New System of
Farming. See Lease.

Appointment-Agricultural Holdings (Scotland) Act 1889 (52 and 53 Vict. c. 20), sec. 2, subsec. (3) Appointment of Referee by Sheriff within Fourteen Days of Application-Competency of Appointment upon Second Application where First Refused. Held that a Sheriff who had refused to appoint a referee on the ground that more than fourteen days had been allowed to elapse since the application, was not barred from making such an appointment upon a new application duly proceeded with. Sinclair v. Brown, p. 652. Appointment of Judicial Factor. See Trust. Appointment of Referee by Sheriff within Fourteen Days of Application. See Appointment. Arbiter. See Landlord and Tenant. Arbitration-Reference Clause in Agreement— Exclusion of Action. An iron company agreed to lease some of their ground for the erection of chemical works. The agreement contained a stipulation that "any disputes arising in regard to the import and effect of any clause in this agreement, or as to the obligations and rights of either party under the same, or as to the mode of carrying the same into effect," should be submitted to the amicable decision of M, and that in the event of any question to be decided by the arbiter involving a disputed interpretation of the agreement, "or of any subsidiary arrangement made by the parties for carrying the same into effect," the arbiter might be required to consult counsel. The iron company raised an action against their lessees for payment of a sum which they alleged to be due to them as the cost of removing and reerecting certain of their workshops under a clause in the agreement which provided that where it became necessary for the pursuers to remove any of their workshops in order to furnish the ground required for the defenders' works, the defenders should bear the cost of removing and re-erecting the same. The defenders disputed the accuracy of the pursuers' claim; and further, founding upon a clause in the agreement which provided that the pursuers should supply the defenders with pit water for their works, and that the defenders should provide the pipes for carrying such water to their works, they averred that when the agreement was entered into it was understood that the mode of carrying the same into effect was to be by giving a permanent supply from the H pit, but that the pursuers having ceased to work that pit had offered them a new supply from another pit some distance off, and that they were entitled to be reimbursed for the expense incurred by them

in connecting their works with the new supply. They pleaded that the action was excluded by the clause of reference in the agreement. Held (1) that as far as regarded the pursuers' claim, the subjects of dispute fell within the reference clause of the agreement; but (2) that as regarded the defenders' counter claim they did not, that claim being founded, not upon the agreement, but upon an understanding collateral thereto. Shotts Iron Company v. Dempsters, p. 40. Arbitration-Reference-Exclusion of Ordinary Action-Process-Pleading-Denial of Claim on Record-Extrajudicial Admission-Proof. A contractor entered into an agreement with a tramways company to work and horse their cars, under which he was to be paid at a certain rate per mile for the distance covered. The agreement contained a clause appointing A, whom failing B, as sole arbiter for the amicable adjustment and determination of all questions and differences which might arise between the parties as to the true import and meaning of the agreement, or as regarded the implementing or failure to implement the same or any clause thereof, and generally for the settlement of all questions of what nature soever which should or might arise out of, or be in any way connected with, the said agreement, including all pecuniary claims by one party against the other. After the termination of the agreement the contractor raised an action against the company for a sum which he averred to be the amount due to him for work done under the agreement during the last month preceding its termination, "conform to statement thereof prepared by the defenders, and letter from the defenders' secretary sending said statement to the pursuer, and admitting the correctness of the amount sued for." The defenders met this averment by a simple denial, and also made certain counter-claims of damages in connection with the work done by the pursuer under the contract. The letter from the defenders' secretary to the pursuer, which was produced by the pursuer and admitted by the defenders to be genuine, bore that "the usual statement of account" was therewith sent, the sum brought out being exactly the sum claimed by the pursuer. The defenders pleaded that the action was excluded by the reference clause of the agreement. Held (1) that in face of the defenders' denial of the pursuer's claim on record, the claim could not be held as admitted, or as proved by the admissions contained in the letter of the defenders' secretary; and (2) that the question raised thereby and by the counter-claims of the defenders were matters to be disposed of by the arbiter nominated in the agreement; and action dismissed. Wright v. Greenock and Port-Glasgow Tramways Company, p. 53.

Question to be Decided by Arbiter in terms of Statute-Exclusion of Ordinary Action. The Glasgow Central Railway Act 1888, passed for the purpose of permitting the Caledonian Railway Company, inter alia, to construct a

railway under a part of Glasgow, provided in section 39 that the company should not at any one time be entitled to enclose for the construction of the railway a greater extent of the surface of Argyle Street than 50 fect long by 17 feet wide with intervals of not less than 200 yards between such enclosure. The Act further provided in section 41, that if the railway company and the Glasgow Corporation should differ as to any of the provisions of that or the two preceding sections, such differences should be referred to the determination of an arbiter, to be mutually agreed upon by the company and the corporation. A dispute having arisen between the company and the corporation as to whether the former were entitled to occupy a greater extent of the street than that specified in section 39 of the Act by covering it with materials, &c., beyond the enclosures-held that such a dispute was, in terms of section 41 of the Act, a difference to be determined by the arbiter, and that the Court had no jurisdiction in the matter. Magistrates of Glasgow v. Caledonian Railway Company, p. 769. Arrears of Aliment. See Aliment. Arrestment jurisdictionis fundandæ causa-Jurisdiction-Foreigner. A firm of shipping agents in Leith acted as agents for the owners of a ship (one of whom was a foreigner) down to 1st May 1891, on which date the ship was sold. Although there was no settlement between the parties till 12th August, it appeared from the books of the Leith agents, and the evidence of one of the partners of the firm, that on 1st May there was a small balance due to them by the owners of the ship. Held that the Court had no jurisdiction over the foreigner by reason of arrestments ad fundandam jurisdictionem used against him in the hands of the shipping agents on 3rd June. Napier, Shanks, & Bell v. Halvorsen, p. 343. Articles of Association. Assessment. See Burgh. Assignation-Foreign.

See Company.

A domiciled Irishman insured his life with a Scottish life insurance company. He then deposited the policy with a creditor, also a domiciled Irishman, in security of debt. Subsequently he executed in Ireland an assignation of the policy in favour of another creditor, also a domiciled Irishman, and this assignation was intimated to the company, who had at that time no knowledge of the deposit of the policy. The assignee at the time he took the assignation knew that the policy had been deposited with the first creditor. The insured died, and a competition took place for the contents of the policy in the Courts of Scotland between the depositary and the assignee. Held that the validity of the transference must be determined by the law of that contract, i.e., by the law of Ireland, and after admission as to that law, that the depositary must be preferred. The Scottish Provident Institution v. W. A. Robinson & Newett and Another, p. 733. See Writ.

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