The Scottish Law Reporter: Containing Reports ... of Cases Decided in the Court of Session, Court of Justiciary, Court of Teinds, and House of Lords, 41. köideW. & R.A. Veitch, 1904 |
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Page 25
... Opinion .- " The first question which was argued was whether in a lease of minerals the landlord's hypothec secures royalties beyond the amount of the fixed rent . " I take it to be settled that the hypothec can be used to secure ...
... Opinion .- " The first question which was argued was whether in a lease of minerals the landlord's hypothec secures royalties beyond the amount of the fixed rent . " I take it to be settled that the hypothec can be used to secure ...
Page 36
... opinion , but as to which his opinion is not final but is subject to the review of this Court . If it appear on the face of the Sheriff's findings that he has come to his conclusion on a wrong con- struction of the statute the party ...
... opinion , but as to which his opinion is not final but is subject to the review of this Court . If it appear on the face of the Sheriff's findings that he has come to his conclusion on a wrong con- struction of the statute the party ...
Page 37
... opinion , and very clearly , that the objec- tion to the Sheriff's judgment is quite unsound , and if that objection be dis- regarded then I am of opinion , with your Lordship , that there remains nothing else except the question ...
... opinion , and very clearly , that the objec- tion to the Sheriff's judgment is quite unsound , and if that objection be dis- regarded then I am of opinion , with your Lordship , that there remains nothing else except the question ...
Page 40
... opinion of Lord Chief Commis- sioner Adam , at p . 270 ; Francis v . Cockrell , 1870 , L.R. , 5 Q.B. 501 , opinion of Chief- Baron Kelly , at p . 508 ; Bevan on Negli- gence , ii . 1149 . Argued for the pursuer and respondent- He ...
... opinion of Lord Chief Commis- sioner Adam , at p . 270 ; Francis v . Cockrell , 1870 , L.R. , 5 Q.B. 501 , opinion of Chief- Baron Kelly , at p . 508 ; Bevan on Negli- gence , ii . 1149 . Argued for the pursuer and respondent- He ...
Page 48
... opinion ( I think rightly ) , that the Railway Com- missioners alone have jurisdiction to deter- mine that an ... opinion as to whether the pursuers could recover what they maintain to have been excessive charges by any proceeding before ...
... opinion ( I think rightly ) , that the Railway Com- missioners alone have jurisdiction to deter- mine that an ... opinion as to whether the pursuers could recover what they maintain to have been excessive charges by any proceeding before ...
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Common terms and phrases
action agent agree agreement alleged amount annuity appeal apply arbitration Argued averred Baird & Company Bankruptcy Scotland burgh Burgh Police Scotland cargo charge charter charter-party claim clause Commissioners Companies Act 1862 Compensation Act 1897 complainers contract Court of Session creditors damages death deceased declared decree deed defenders discharge duty employer entitled fact feu-duty fishing foreshore funds Glasgow granted ground held heritable interest interlocutor judgment Justiciary Kilmalcolm lands lease liable liferent Limited loading lodged Lord Advocate Lord Moncreiff Lord Ordinary Lordship ment North British North British Railway notice opinion owner paid pany payable payment person petition petitioner possession present proof proprietor provisions purpose pursuers question reason reclaimed referred regard rent respect respondent Scotland sequestration settlement shares Sheriff Court Sheriff-Substitute ship statute suers tenant testator thereof tion trustees Vict words workman
Popular passages
Page 317 - Proceedings for the recovery under this act of compensation for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the happening thereof and before the workman has voluntarily left the employment in which he was injured...
Page 387 - The provisions of this act relating to contracts to sell and to sales do not apply, unless so stated, to any transaction in the form of a contract to sell or a sale which is intended to operate by way of mortgage, pledge, charge or other security. SEC. 76. Definitions. (1) In this act, unless the context or subject matter otherwise requires : "Action" includes counterclaim, setoff and suit in equity. "Buyer" means a person who buys or agrees to buy goods or any legal successor in interest of such...
Page 89 - Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer...
Page 202 - No person shall sell to the prejudice of the purchaser any article of food or any drug which is not of the nature, substance, and quality of the article demanded by such purchaser...
Page 317 - Provided always that (a) the want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceedings if it is found in the proceedings for settling the claim that the employer is not...
Page 15 - The advance of money by way of loan to a person engaged or about to engage in any business on a contract with the person that the lender shall receive a rate of interest varying with the profits...
Page 277 - A person shall be deemed competent to dispose of property if he has such an estate or interest therein or such general power as would, if he were sui juris, enable him to dispose of the property, including a tenant in tail whether in possession or not ; and the expression
Page 195 - Where any sewage matter falls or flows, or is carried into any stream along a channel used, constructed, or in process of construction at the date of the passing of this Act...
Page 81 - Whenever the Court is of opinion that it is just and equitable that the company should be wound up.
Page xxix - Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the workman may, at his option, proceed, either at law against that person to recover damages, or against his employer for compensation under this Act, but not against both, and if compensation be paid under this Act, the employer shall be entitled to be indemnified by the said other person.