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 |
From inside the book
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Page 15
... trustees named by third parties on separate estate . He has the curatory of the property , even though he may not have the power over the person of a child forisfamiliated . But the Court of Session may re- quire security , on cause ...
... trustees named by third parties on separate estate . He has the curatory of the property , even though he may not have the power over the person of a child forisfamiliated . But the Court of Session may re- quire security , on cause ...
Page 32
... trustees , is the proper mode of attachment of a partner's share and interest . The test here is , that the arrestment should be in the hands of the same persons who would be the proper parties to call in an action for the debt ...
... trustees , is the proper mode of attachment of a partner's share and interest . The test here is , that the arrestment should be in the hands of the same persons who would be the proper parties to call in an action for the debt ...
Page 37
... trustee's hands before the bill was paid , was found preferable to one after he had got payment , in respect that the ... trustees of the debtor , held inept ; 1752 , Campbell , Mor . 742. See 11th Feb. 1826 , Thomson . 9. An insolvent ...
... trustee's hands before the bill was paid , was found preferable to one after he had got payment , in respect that the ... trustees of the debtor , held inept ; 1752 , Campbell , Mor . 742. See 11th Feb. 1826 , Thomson . 9. An insolvent ...
Page 38
... Trustees . 20. An auctioneer was employed to sell furniture , and the proceeds to be received by the owner or his clerk . An arrestment in the hands of the auctioneer was held inept to attach the price of furniture sold and undelivered ...
... Trustees . 20. An auctioneer was employed to sell furniture , and the proceeds to be received by the owner or his clerk . An arrestment in the hands of the auctioneer was held inept to attach the price of furniture sold and undelivered ...
Page 43
... trustees are assumed into a trust , where power is given to the original trustees for doing such , and which must be exercised in strict conformity to the directions given , and not otherwise . ASSURANCE is a solemn declaration ...
... trustees are assumed into a trust , where power is given to the original trustees for doing such , and which must be exercised in strict conformity to the directions given , and not otherwise . ASSURANCE is a solemn declaration ...
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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...