ABERDEEN ACT, see Entail.
Acceptance of bills, see Bills.
Acceptance of deed, necessary to its validity,
174; what is necessary in acceptance, ib.
Acceptilation, see Discharge.

Accession, deed of, see Trust-Disposition for
payment of creditors.

Accessories, external, pass as part and perti-
nent, 524.

Accounts open, transference of, 254.

Accretion, 628; in case of ancestor dying
uninfeft, 630.

Acts of Parliament, see Statutes.

Acts of Sederunt:-23d November 1613,
278, 279; 6th June 1661, 512; 19th Feb-
ruary 1680, 822; 31st March 1685, 738;
2d November 1695, 395; 11th February
1708, 593, 787; 23d November 1711,
736; 1730, 45; 10th August 1754, 740;
17th January 1756, 560, 735; 14th De-
cember 1756, 816; 14th December 1805,
300; 24th December 1838, 246, 281, 307.
Adjudication in implement-its purpose,
745; where against granter of an obliga-
tion to convey, 746; grounds of action
must be stated, ib.; conclusions of sum-
mons, ib.; decree is warrant for charter of
adjudication, ib.; decree may contain war-
rant of infeftment, ib.; where granter of
minute was not infeft, sasine may proceed
on title granted by his author, ib.; is pro-
duction of debtor's title necessary? ib.

where granter of obligation is dead,
procedure against his heir, 746; procedure
before Lands Transference Act, ib.; letters
of general charge, 747; summons of con-
stitution, ib.; decree of constitution, ib.;
special charge, ib.; general special charge,
ib.; summons of adjudication in implement,
ib.; procedure where heir appeared and
renounced, ib.

procedure against heir unentered, upon
his own obligation, 748.

letters of general, special, and general
special charge now abolished, 748; proced-
ure under new forms, ib.

may be combined with summons of con-
stitution, when heir is expected to renounce,
748; separate summons of adjudication ne-
cessary where heir does not renounce, 749.

abbreviate of, 749; decree, when valid
warrant for infeftment? 749; there can be

no legal reversion, ib.; party first obtain-
ing decree has preference, ib.; preference
given to second adjudication on which su-
perior was first charged, 750; superior
cannot defeat priority of another party, ib.
Adjudication on trust-bond-effect of trust-
bond and adjudication as a tentative title,
763; carries only such right as the heir
is entitled to, ib.; its use, 764; truster can
effectually transact, ib.; heir liable for im-
mediate ancestor's debts, if he were three
years in possession, ib.; trust-disposition
and adjudication incompetent when title of
proprietor is ex facie good, ib.; heir must
prove his propinquity when it is disputed,

ib.

Adjudication, for debt, 733, 822; substituted
for apprising, 822; special adjudication,
823; power of redemption within five years,
b.; general adjudication, ib.; special, abol-
ished, ib.; form of summons, ib.; decree
may contain warrant to infeft, ib.; registra-
tion of abbreviate, ib.; pari passu prefer-
ence, 824; adjudger's right redeemable
during legal, ib.; decree of expiry of the
legal, ib.; must be followed up without
delay, 825; adjudger must have regard to
state of title, ib.; grounds and warrants, ib.
Adjudication in security, 825.

Adjudications, register of, its purpose, 161.
Administration, husband's right of-differ-
ence between it and jus mariti, 36; may be
discharged, 37; and excluded, 434; how
it may be excluded, 435; and by whom,
ib.; what is sufficient exclusion, ib.; move-
able property, from which it is excluded,
must be kept in a distinct form, and inven-
toried, ib.

Agent and client-gifts from client to agent,

52.

Alienation of Feu, see Feu.

Aliens, formerly could not take heritage by

succession, 46; provisions of Act 6 & 7
Vict. c. 66, ib.; former Statutes affecting
rights of aliens, ib.
Alimentary funds, cannot be assigned ex-
cept for alimentary debts, 251; are not
arrestable, 309.

Allodial tenure, 487, 496; merged in the
feudal system, 489, 495.

Ambiguity, patent and latent, distinction of,
513, 549.

Annuity-
-an annuity is heritable, 205; pay-
able de die in diem, ib.; see Bond of
Annuity; arrestment of annuities, 310.
Apprentice, see Indenture; he must be free
of other obligations, 378; may marry, ib.;
is discharged if he leave, and his master do
not interfere, 379; may be required to teach
an apprentice younger than himself, 381.
Approbate and Reprobate, 472, 663.
Arbiters, see Submission.
Arrestment, difference between, and poind-
ing, 302; its effect, ib.; competent in a
party's own hands, ib.; in whose hands it
may be used, 306; creditor of a company
may arrest in the hands of a partner, debtor
to the company, 306, 417; it must be in the
hands of a party directly owing to debtor,

ib.;
it may be used to attach funds owing
to representatives of debtor, ib.; compe-
tent against a minor without citing his
curators, 307; in the hands of a minority
of trustees is inept, ib.

in security, warrant for, 303; arrest-
ment may precede execution of summons,
ib.; competent at any period of the litiga-
tion, ib.; vitiation of, ib.

ad fundandam jurisdictionem,
its warrant, 304; unnecessary in multiple-
poindings, ib.; arrestment in security
where debtor is vergens ad inopiam, form
of letters of, 304.

in execution, warrants for, 305; mode
of, ib.; of ships is not a personal dili-
gence, ib.; see Ships.

edictal, does not put debtor in malâ
file to original creditor, 307; mode of, ib.

arrestee must be in possession, 308;
what is possession? ib.; what property is
arrestable, ib.; personal bonds are arrest-
able, 309; funds subject to special desti-
nation not arrestable, ib. ; alimentary funds
not arrestable, ib.; future debts not arrest-
able, 310; unless the obligation be already
perfect, ib.; of rents and annuities, 310;
its effect in creating a nexus, 311; it sub-
sists after death of common debtor, ib.;
see Furthcoming; now prescribes in three
years, 312.

recall of, 312.
Arrestments, competition of- criterion is
priority of time, 312; with assignation,
313; preferences, how prevented, ib.
Assignation-its original form, 232; its his-
tory, ib.; the debt assigned must not have
been paid to original debtor, 234; assignee
must know the fact of debt not having
been paid, ib.

the clauses, the narrative, 235; cause
of granting, ib.; the assigning clause, 236;
where bond excludes executors, 237; no
voces signatæ in this clause, 238; clause
of warrandice, ib.; see Warrandice;
warrandice from fact and deed leaves war-
randice debitum subesse untouched, 239;
rules regarding warrandice, ib.; clause of
delivery of ground of debt, its purpose,
239, 240. Registration and testing clause,
see Registration, Testing clause; it must
be delivered to receive effect, 240.

Assignation(continued)-intimation of—prin-
ciple upon which it is founded, 241; its
effect, 242; assignation first intimated is
preferable, 243; right remains in cedent
till assignation be intimated, ib.; an Eng-
lish deed of assignment pleaded on in Scot-
land requires intimation, 249.

notarial intimation of-its purpose,
244; its form, ib.; assignee is the proper
party to make intimation, 245; same per-
son cannot be procurator and notary in
the intimation, ib.; assignation must be
produced at intimation, ib.; and execution
of intimation must bear that it was pro-
duced, ib.; statement in schedule must
identify the debt, ib.; hour as well as
date should be inserted, ib.; intimation to
be made at debtor's dwelling if he be not
found personally, ib.; form of intimation
when debtor is abroad, 246; it must be
judicial, ib.; when more than one debtor,
intimation to one is sufficient, ib.; but
another debtor is not in malâ fide to pay to
cedent, ib.; intimation to a company, ib.;
when to a company it should be entered
in their books, 247; voluntary consent of
the company is necessary for such intima-
tion, ib.; intimation by notary not essen-
tial to the validity of an assignation, 247 ;
effect of debtor's private knowledge of
assignation, ib.; is debtor having private
knowledge in malâ fide to pay to cedent?
ib.; communing does not supply place of
intimation, 248.

equipollents to intimation—1. judicial
acts, 248; 2. debtor's written engagement
to pay, ib.; 3. payment of interest, ib.;
notification to factor and memorandum
made in books of his principal is sufficient,
ib.; 4. intimation rebus ipsis et factis, 249;
legal and judicial assignations require no
intimation, ib.

intimation of, unnecessary, when deed
is registered for publication, 250; or
when the debtor is a party to assign-
ment, ib.

its effect when completed, 250, 252;
right assigned must exist, and be cap-
able of transmission, ib.; cedent's right
must be transmissible, 251; rights enjoyed
by a delectus personce are intransmissible,
ib.

heritable property cannot be transmitted
by assignation, 251; right to exact rents
may be assigned, ib.; assignee may do
diligence in his own name even after the
death of cedent, 252; or in the name of
the cedent if alive, ib.; debt may be dis-
proved by cedent's oath before intimation,
ib.; or after, if assignation be proved to
be gratuitous, 253; effect of completed
assignation where assignee is a latent
trustee, ib.

variety in form of-transference of open
accounts, 254; assignation of policies of
insurance, 255; of salaries of offices, 256.

of writs, clause of, in Charter, 534;
purpose of clause is to vindicate the gran-
tee's right, ib.; form of clause, 535; use

of assignation to writs, ib.; clause in dis-
position with double manner of holding,
612; is it implied? 613 its effect, ib.;
does not transmit obligation to relieve of
stipend, ib.

Assignation of rents, 535; use of clause, 536;
in disposition with double manner of hold-
ing, 614; new form, ib.

of writs and rents, warrandice of, 536.
Attainted persons, forfeiture of heritable
estate to Crown, 46; rights of others not
affected by forfeiture, ib.; cannot plead
incapacity to contract in bar of their own
obligations, ib.

Attorney, power of, see Factory.

Attorney, duties of, in giving sasine, 547;
his warrant was anciently purchased from
Chancery, 549; requisition of, 550.
Authentication of deeds, see Deeds-statu-
tory solemnities.

BAILLIE, 538; who might act as granter's
baillie, 539; duties of baillie in giving
sasine, 547; must be named and designed
in sasine, 549; delivery of warrant by,
550.

Bank Stock, mode of assigument of, 256.
Banking Companies, may sue in name of
officers, 412; are not affected by Joint-
Stock Companies Bill, 844.

Bankrupt, his obligations granted on eve of
bankruptcy, accounted fraud, 67, 230;
provisions of Act 1696, c. 5, ib. See
Ranking and Sale.

apprehension for debt sufficient to
make a person notour bankrupt, 291; mode
of rendering debtor notour bankrupt, 301.
See Sequestration.

Barony, union implied in, 553, 557, 781;
effects of, 781; powers of jurisdiction
abolished, ib.; how privileges might be
obtained, ib.

Bastards, were formerly incapable of making

wills, 47; disability removed by 6 & 7
Will. IV. c. 22, ib. See Illegitimate.
Baton, the symbol in resignations, 544, see
Symbols.

Betting, obligations arising out of, form an
illegal consideration, 50; provisions of
9 Anne 14, ib.

Bills of Exchange-acceptor and other obli-
gants liable in solidum, 206; are not
arrestable, 310.

general nature and history, 314; laws
by which they are regulated, 315; na-
ture and form of foreign bills, 316; na-
ture, form, and definition of the inland
bill, 317; nature and form of the promis-
sory note, 318; must be accepted to cre-
ate an obligation, 319; mode of transfer-
ence, ib.; mode of protesting for non-pay-
ment, ib.; mode of execution by summary
diligence, ib.; capacity of parties to grant,
320; stamping, ib.; they cannot be after
stamped, 320; foreign bills now bear
stamp duty, ib.; their form, ib.; requisites
with regard to the sum, 321; place of
drawing when requisite, ib.; when is

date necessary? 322; it may be proved by
parole evidence, ib.; a bill without a date
will not warrant summary diligence, ib.;
penalty of post-dating, ib.; bills prove
their own date, ib.; effects of this, 323;
they may be drawn on Sunday, ib.; may
they be accepted on Sunday? ib.; term of
payment need not be inserted, 324; pay-
able on demand when there is no term, ib.;
term when inserted must be clearly ex-
pressed, ib.; may be made payable by
instalments, 325; name of payee without
designation is sufficient, ib.; may be pay-
able to bearer, ib.; there must be no con-
tingency with regard to the payee, ib.:
payee may be for behalf of another, ib.;
a bona fide holder may insert his name in
a blank bill, ib.; use of words, "or order,"
326; and or bearer," ib.; place of pay.
ment need not be inserted, ib.; can only
be granted for money, to obtain the statu-
tory privileges, 327; sum must be payable
at a determinate period, ib.; the words
"for value received" not necessary, ib.,
342; they need not be in re mercatoria,
328; the address, where to be written,
ib.; want of address no defect, if bill be
accepted, ib.; drawer need not be de-
signed, ib.

Bills of Exchange (continued)-blank, in
name of drawer are probative, 328; but do
not warrant summary diligence, ib.; an
onerous holder may insert his name as
holder, 329; holograph bills not signed
are no warrant for summary diligence, ib.;
skeleton bills, 334; subscription of by
mark, 329; effect of contingency in term
of payment, ib.; stipulation of interest,
330; stipulation of penalty, ib.

acceptance must be in writing, 331;
mode of acceptance, ib.; acceptor need
not be designed, ib.; notarial acceptance,
where party cannot write, ib.; acceptance
by initials, ib.; and by marks, 332; proof
of such subscription required, ib.; signa-
ture of a company subjects all the part-
ners, 332; acceptance by an agent, when
competent, ib.; by a trustee binding on
him personally, if not otherwise stated,
333; acceptance as cautioner, ib.; date of
acceptance, when necessary, ib.; it may
be posterior to date of bill, 334; or by
anticipation, ib.; conditional and partial
acceptances, ib.; acceptance supra pro-
test for honour, ib.; refusal to accept,
335; creditor in bill preferred to posterior
arrester, ib.; drawer liable to payce where
drawee fails or refuses to pay or accept, ib.;
acceptance by joint stock companies, 845.

transmission; when payable to bearer,
delivery transfers, 335; by indorsation,
336; special indorsation must name in-
dorsee, ib.; indorsation competent by pro-
curatory, ib.; an onerous holder can re-
cover, although he have paid sum to wrong
party, ib.; letters of credit are an excep-
tion to this rule, ib.; restricted indorsa-
tion, 337; indorsee has recourse against
drawer and indorsers, ib.; improper in-