A Digest of the Law of Scotland: With Special Reference to the Office and Duties of a Justice of the PeaceT. & T. Clark, 1855 - 984 pages |
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Page 39
... July 1844 , Pollock . 35. By Act of Sederunt , 9th Nov. 1590 , it is declared that arrestments are incom- petent of sums of money consigned at the command of the court in the hands of the clerk for suspensions . But in the case of ...
... July 1844 , Pollock . 35. By Act of Sederunt , 9th Nov. 1590 , it is declared that arrestments are incom- petent of sums of money consigned at the command of the court in the hands of the clerk for suspensions . But in the case of ...
Page 55
... July 1826 , Hutchison . ( Shaw ) . This case came back on the oath ; 10th July 1828 . 11. Justices of Haddington admitted the woman's oath , chiefly on the ground that when charged with the paternity the man had paid her L.20 , on ...
... July 1826 , Hutchison . ( Shaw ) . This case came back on the oath ; 10th July 1828 . 11. Justices of Haddington admitted the woman's oath , chiefly on the ground that when charged with the paternity the man had paid her L.20 , on ...
Page 58
... July 1845 , Murdoch . ( Shaw ) . 24. It was proved that parties had been together alone in a dark night , and the man made certain admissions of " dealings " with the woman . Oath admitted by the sheriff ; the Ordinary and the court by ...
... July 1845 , Murdoch . ( Shaw ) . 24. It was proved that parties had been together alone in a dark night , and the man made certain admissions of " dealings " with the woman . Oath admitted by the sheriff ; the Ordinary and the court by ...
Page 68
... July 1832 , Bain and Falconer . The first spouse has been thought not a good witness to prove the marriage ; 15th July 1844 , Armstrong , 2 Broun , 251 ; but the wife of the second marriage may be a witness , as her marriage is null ...
... July 1832 , Bain and Falconer . The first spouse has been thought not a good witness to prove the marriage ; 15th July 1844 , Armstrong , 2 Broun , 251 ; but the wife of the second marriage may be a witness , as her marriage is null ...
Page 73
... July 1823 , Suther- land ; 24th Jan. 1829 , Leslie . Found that a bill vitiated in its date could not form a ground for summary diligence , and proof of consent to alteration was incompetent in such form ; 2d March 1850 , M'Rostie . 43 ...
... July 1823 , Suther- land ; 24th Jan. 1829 , Leslie . Found that a bill vitiated in its date could not form a ground for summary diligence , and proof of consent to alteration was incompetent in such form ; 2d March 1850 , M'Rostie . 43 ...
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A Digest of the Law of Scotland: With Special Reference to the Office and ... Hugh Barclay No preview available - 2019 |
Common terms and phrases
17 Vict accused action acts of Parliament aforesaid aliment appear applied appointed apprehend apprentice Arkley arrestment authorized bill Broun burgh caution certificate charge child clerk commissioners committed common law complaint constable conviction Court of Session creditors criminal culpable homicide damages debt declared decree deed defender duty England entitled Ersk evidence excise expenses factory given granted heir held hereby House of Lords Hume imprisonment inspector judgment July June jurisdiction jury justice of peace justice or justices Justiciary labour land lawburrows liable Lord Advocate Lord Moncreiff Lord Ordinary magistrate master months moveables oath offence officer paid parish party payment peace penalty person or persons prison proceedings proof proprietor prosecution punishment quarter-sessions refused regulated repealed road royal burghs Scotland servant Shaw sheriff Sheriff Court society or branch statute summons tenant thereof tion trustees unless warrant witnesses
Popular passages
Page 579 - ... to establish a defence on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing, or, if he did know it, that he did not know he was doing what was wrong.
Page 1 - And I do solemnly in the presence of God profess, testify and declare, that I do make this declaration and every part thereof in the plain and ordinary sense of the words read unto me, as they are commonly understood by English Protestants, without any evasion, equivocation or mental reservation whatsoever...
Page 579 - If the accused was conscious that the act was one which he ought not to do, and if that act was at the same time contrary to the law of the land, he is punishable...
Page 1 - And I do declare, that I do not believe that the Pope of Rome, or any other foreign prince, prelate, state, or potentate, hath or ought to have any temporal or civil jurisdiction, power, superiority, or pre-eminence, directly or indirectly, within this realm...
Page 1 - I AB do sincerely promise and swear, That I will be faithful, and bear true allegiance, to their Majesties King William and Queen Mary: So help me God.
Page 533 - You shall well and truly try, and true deliverance make, between our Sovereign Lord the King and the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.
Page 446 - Act and the special matter in evidence at any trial to be had thereupon ; and no plaintiff shall recover in any such action, if tender of sufficient amends shall have been made before such action brought, or if a sufficient sum of money shall have been paid into court after such action brought, by or on behalf of the defendant...
Page 370 - ... the court at such sessions shall hear and determine the matter of the appeal, and shall make such order therein, with or without costs to either party as to the court shall seem meet ; and in case of the dismissal of the appeal, or the affirmance of the conviction, shall order and adjudge the offender to be punished according to the conviction, and to pay such costs as shall be awarded, and shall, if necessary, issue process for enforcing such judgment.
Page 272 - And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment ; but ye shall hear the small as well as the great : ye shall not be afraid of the face of man ; for the judgment is God's : and the cause that is too hard for you, bring it unto me, and I will hear it.
Page 631 - AB ; and if within the space of days after the making of such distress the said last-mentioned sums, together with the reasonable charges of taking and keeping the said distress, shall not be paid, that then you do sell the said goods...