INDEX. ACCEPTILATION, 163. ACT OF GRACE, 200. ACT OF WARDING, 199. ACTIO MANDATI, 206. ADJUDICATION FOR DEBT, leading conclusions of summons before and since Lands Transference how adjudication completed, 527. completion of adjudger's title to heritable securities, 528. legal of adjudications, 528. conversion of adjudication into an absolute right, 529. legal of adjudication, contra hæreditatem jacentem, 529. adjudication in security, 529. extinction of adjudication, 529. "first effectual adjudication," 530. competition betwixt adjudger and inhibitor, 530. ranking of adjudgers after first effectual adjudication, 531. See ADJUDICATION IN IMPLEMENT. ADJUDICATION IN IMPLEMENT, forms of preliminary procedure when action against an unentered heir, 367. constitution and adjudication combined, 368. when heir renounces, 368. changes introduced by Lands Transference Act and Titles Act, 368. completion of adjudger's title, 370. See ADJUDICATION FOR DEBT. ALLODIAL RIGHTS, 261. ARRESTMENT. warrants of, 213. arrestment of ships, 213. ARRESTMENT, Continued- when unnecessary to arrest ad fundandam before raising an action effect of arrestments in hands of clerk or trustees, 216. arrestment in hand of party furth of Scotland, 217. arrestment of sum in an heritable bond, and in a policy of assurance, 217. arrestment of sum in the hands of defender, 218. competition betwixt an arrester and an executor-creditor, 218. effect of arrestment on term day, 218. effect of arrestment of personal bond due to wife, 219. arrestment of bond or interest before term of payment, 219. subjects not arrestable, 219. prescription of arrestments, 220. equalising diligence when fund arrested, 220. objects of furthcoming, 220. parties requiring to be called in furthcoming, 220. objections competent to common debtor and arrestee, 220. ARTICLES OF ROUP, effect of stipulation that purchaser shall be satisfied with title as it ASSIGNATION, rights which cannot be assigned, 147. classes into which moveable rights divided, and how distinguished by reason of peculiarity in style of assignation, 148. enumeration of clauses of assignation, 149. principle involved in, and effect of intimation, 150. risks to which holder of unintimated assignation is exposed, 150. compensation not pleadable till assignation intimated, 150. notarial intimation, 151. not necessary to produce bond but indispensable to produce assignation in making notarial intimation, 152. parties to whom intimation made, 152. effect of debtor's private knowledge, 153. equipollents to formal intimation, 154. assignations which require no intimation, 155. holograph acknowledgments prove their dates, 156. effect of intimation to one of several obligants, 156. effect of arrestment of funds in Scotland previously assigned by unin timated English creditor deed, 157. assignation of personal right to lands in certain cases intimated by registration, 157. assignation of bond carries all accessory rights, 157. diligence in cedent's name, 158. in assignee's name, 159. exceptions competent to debtor, 159. effect of latent equities, 159. ASSIGNATION, Continued- competition between unintimated assignation and confirmation, 160. what necessary to complete security over assignable lease, 160. assignation of rents by personal deed, 161. assignation of a jus crediti intimated by registration, 161. money in bank in bankrupt's name not uplifted not arrestable by assignation of policy of assurance in security, 162. indorsee of a deposit-receipt, 162. ASSIGNATION OF BOND AND DISPOSITION IN SECURITY, 535. See DISPOSITION AND ASSIGNATION. ASSIGNATION OF WRITS, 293, 322. BACK-BOND AND ABSOLUTE DISPOSITION, 545. BANKRUPT, obligations by, on the eve of bankruptcy, 75. BANKRUPTCY, circumstances inferring, 76. BASE RIGHTS, 319. criterion of preference, 322. BENEFICIUM divisionis, 122. ordinis, 127. BILLS AND NOTES, their privileges, 172. in what respects foreign bills subject to municipal law of this country, 172. essentials of bills, 172; of promissory-notes, 173. effect of bill drawn and accepted on Sunday, 173. effect of legacy made by bill, 173. subscription of bills by initials, mark, or by notaries, 173. bills written on unstamped paper, or on improper stamp, 174. STAMPS. place and date of drawing, 174. presumption with regard to date of indorsation, 174. modes of fixing date of payment, 175. bill written by drawer having his name in gremio, but unsigned, 175. acceptance for honour and extent of liability of acceptor, 176. See obligation and payee must be certain, not conditional or alternative, 176. acceptance by factor, 176. blank acceptance, 177. competition betwixt arrester and payee, 177. |