The Numbers refer to the Sections.
A me vel de me holding, 1181. Abandonment in marine insurance, 1800.
Able-bodied poor, 1959. Acceptance of bill, 1556; signature alone sufficient, ib. ; either general or qualified, 1557; presentiment for, 1575; for honour, 1591.-See Bill.
Acceptance of an offer may consti-
tute a lease, 1308.-See Letting and Hiring.
Acceptor of bill, liability of, 1585. Accession, 806.-See Succession. Accessory character, 797.-See Suc- cession.
Accident, inevitable, 1450. Accommodation bills, 1568. Accountant in Bankruptcy, 1502, 1506.
Accounting, rules of, in partnership, 1660. Accounts, shop, prescription 1289; current, ib., 1292. See Prescription.
Actions, civil, in Small Debt Courts, 2285; ordinary civil actions, 2293; criminal actions, 2295. Acts of Parliament, 4. Acts of Sederunt, 8. Adherence, action of, now unneces- sary, 243.
Adjudication on trust bond, 920; action of, against apparent heir,
Administration, right of, 125. Admiral, Lord High, 2076. Admiralty, Court of, 2076. Adultery, 218.
Adventure, joint, 1668.-See Part- nership. Advocates, name derived from France, 2243; called barristers in England, ib.; can plead in all courts, 2244; judges chosen from, ib.; history of profession, 2245; numbers, 2246; Faculty of, is presided over by a Dean, 2247; rules as to admission to body, 2248; fees of admission, 2252; library of Faculty, 2253. Advocates-depute, prosecute in Court of Justiciary, 2100.
Advocate, Lord, prosecutes in Court of Justiciary, 2100.
Advocation (now appeal), value of action must be £25 to be com- petent, 2032; caution in, 1767. Affidavits before justices, 2171. Affinity, within what degrees an impediment to marriage, 43. Affreightment, 1408.
Age, to what, pupilarity extends, 345; minority, ib.; majority, ib. -See Guardianship.
Aged persons, when entitled to re- lief under Poor Law Act, 1950. Agent, bank, caution for, 1760. Agent for church, 2234.
Agent and client, 2280; no action of
damages competent against a bar- Arles, 561.
rister or advocate, ib.; general Arms, Lord Lyon has jurisdiction rules by which responsibilities of with reference to, 2192.
agents are governed, ib.; law Arms, messenger at, 2192. agent's hypothec, 2281; a man- date is presumed by an agent being possessed of party's writings, 2282.
Arrears of rent, prescription of,
Agent and principal.-See Principal and Agent.
Agents, law, in Edinburgh, 2254 et seq.; in provincial towns, 2268; can now be admitted only under provisions of 36 and 37 Vict. c. 63, 2270; provisions of that Act with regard to admission of, 2271 et seq.
Agnate, nearest male, is tutor-at- law, 369. Agreement, 1302.
Agricultural Holdings Act, 1303. Agricultural lease, 1304.-See Let- ting and Hiring.
Alienation, prohibition against, 884. -See Entail.
Aliment of wives, 99 et seq.; of re- lations, 306 et seq.; of bastards, 325 et seq.
Aliment of paupers, 1950 et seq., 1961 et seq.
Alterations on bills, 1590. Alternative holding, abolition of, 1181.
Altius non tollendi, servitude of, 1249.
Amendment of specification, 1885. Aun or annat, 1253. Annus deliberandi, 854. Anonymous partnership, 1625. Apparent heir, 849; action of ad- judication against, 1189. Appeal to House of Lords, 2088 et seq.; to Circuit Courts, 2113 and 2143. Application of pauper for relief, 1946. Apprentice, master and, 757 et seq. — See Master and Servant. Aqueduct, servitude of, 1242. Arbitration between master and workmen, statute law relating to, 719 et seq.
Arrears of aliment do not prescribe,
Arrest, protection from, under se questration, 1477 - see Bank- ruptcy and Insolvency; by princes, 1802.-See Insurance. Airestment of wages, 683. Arrestments prescribe in three years, 1299.
Articles of roup, 1191. Assembly, General,
Courts, Ecclesiastical. Assessment for support of poor first imposed after accession of James VI., 1930; not actually enforced for more than a century after, ib. ; how levied under existing law, 1985. Assignation of servant by master, 694; of apprentice, 775. Assignation, cautioner on paying debt entitled to, of same, 1730. Assignation of lease, when power implied, 1339 et seq.; always im- plied in urban leases, 1384.-See Letting and Hiring. Assimilation between Scotch and English law, 3.
Associations, Guarantee, 1722. 1757. Attendance, medical, on servant,
653; on an apprentice, 776; on pauper, 1949; a privileged debt, 995.
Attorneys, 2255.-See Writers to the Signet.
Auction or roup, sale by, 1190.-See Sale. Augmentations of stipend, 2070.- See Teind Court. Authentication, bills and promissory notes exempted from, 1536. Average in marine insurance, 1801.
Back bond, absolute disposition with, 1919.
Bank cheques, 1594.
Bank notes are promissory notes, 1604; not legal tender in Scotland, 1553; exempted from prescrip- tion, 1619.
Bank agent, caution for, 1760. Bank, cautioners for a cash credit account with, 1743.
Banks, joint-stock, 1674; chartered, 1677.
Bankruptcy and insolvency, 1471; objects of bankrupt law, 1471; how attained, 1472; provisions of Bankrupt Act, 1473 et seq.; sequestration at common law, 1474; statutory sequestration, 1475; effects of, 1476; what con- currence requisite, 1477; pro- tection from arrest, ib.; chief conditions under which sequestra- tion granted, 1478; effect of foreign sequestration, ib.; se- questration not now confined to persons engaged in trade, 1479; judicial factor, when appointed, 1480; interim factor, ib.; books, etc., may be sealed by Sheriff, 1481; sequestration now awarded by Sheriff, 1482; how opposed, 1483; how recalled, 1484; regular course of procedure in, 1485; trustee in, ib.; who may be, 1486; procedure at election of, 1487-92; objections, how disposed of, 1493; security by trustee, 1494-98; commissioners elected at same meeting as trustee, 1499; their duties, 1500; removal of trustee and commissioners, 1501; account- ant in bankruptcy, his duties, 1502; trustee must make annual return to, 1503; not necessary to assign cause for removal of trustee, 1504; resignation of trustee, 1505; trustee's inventory, 1506; bankrupt must afford every in- formation, 1507; examination of bankrupt, 1508; bankrupt bound to give information, 1509; allow- ance to, ib.; of conjunct and confident persons, 1510; wife may be examined, 1511; discharge
bankrupt on composition, 1512; discharge of bankrupt without composition, 1513; notour bank- ruptcy, 1515; how constituted under Bankruptcy Act, 1516; how further constituted, 1518; how under Debtors Act, 1520; how constituted in case of a company, 1521; when it com- mences, 1522; rules as to obliga- tions prior to commencement of statutory period, 1523; ranking, 1524; cessio bonorum, 1525; jurisdiction in, extended to Sheriffs, 1526; who may apply for, 1527; any creditor may appear, 1528; decree operates assignation of debtor's moveables, 1529; trustees in cessios now under accountant of bankruptcy, 1530; discharge of debtor in cessio, 1531; working tools may be re- tained, 1532; a mere aliment allowed to half-pay officers and clergymen, ib.; in what case creditors may resolve that bank- rupt shall only obtain decree of cessio, 1533.
Banns, publication of, 25.-See Mar- riage. Bastards, how legitimated, 289; aliment of, 325, 1970; custody of, 333.
Bequest, power of person to make, when there are wife and children,
939; of lease by tenant, 1338. Bills of exchange, inland bills, and promissory notes, their objects, 1534-5; exempted from formal authentication, 1536; possess ad- ditional privileges for transmission and execution, 1537; bill of ex- change, its form, 1539; foreign bill, 1540; form of, 1541; bills or notes for less than 20s. void, 1542; law now codified by Bills of Exchange Act, 1543; definition of bill, 1544; bill must order nothing but payment of money, 1545; date, 1546; distinction between inland and foreign bills,
1547; form of inland bill, 1549; when bills may be treated either as bill or as promissory note, 1549; drawee must be named in the bill, 1550; negotiability of bills, 1551; sum must be payable in coin, 1552; legal tender, 1553; how bills are payable, 1554; days of grace, 1555; acceptance, 1556-7; delivery, 1558; capacity of parties, 1559; of minors, 1560; of married women, 1561; of joint- stock companies and corporations, 1562; liability under bill only incurred by signing it, 1563; effect of forged signatures, 1564; procuration, 1565-66; bill does not require to be granted for value in Scotland, 1567; otherwise in England, ib.; accommodation bills, 1568-9; definition of, 1570; holder in due course, 1571; ne- gotiation, 1572; indorsement, 1573; rights and powers of holder, 1574; presentment for acceptance, 1575-77; for pay- ment, 1578; where presentment dispensed with, 1579; notice of dishonour, 1580; delay in giving notice, 1581; protest, 1582; noting necessary to preserve re- course in case of inland bill, 1583; liabilities of parties to a bill, 1584; of acceptor, 1585; of indorser, ib.; of any one signing as other than drawer or acceptor, 1586; order of liability on a dishonoured bill, 1587; transfer by delivery, 1588; dis- charge of bill, 1589; alterations on bill, 1590; acceptance and payment for honour, 1591-93; bank cheques are bills, 1594; banker having funds of drawer must cash cheque, 1595; crossed cheques, 1596-1602; promissory notes, 1603; form, ib.; definition of, 1604; IO U not a promissory note, ib.; note signed by two or more obligants implies in Scotland both joint and several liability, ib.; may be indorsed, 1605; liabilities of maker of,
1606; non-business days, 1607; when noting equivalent to protest, 1608; where notary can- not be got, 1609; Act does not affect law of bankruptcy, 1610; stamps required for bills and notes, 1611-14; summary dili- gence, former law of Scotland as to, preserved, 1615; whether undated bill will found summary diligence, 1616; parole evidence may prove any fact relating to a bill, 1617; prescription, 1618; bills and notes prescribe within six years, ib.; bank notes are exempted, 1619; not interrupted by markings of interest or partial payments, 1620; prescription does not extinguish the debt, 1621.
Bills of lading, 1429.-See Letting and Hiring. Bill Chamber, 2026. Blench holding, 1166. Blind persons cannot be witnesses to a deed, 960. Board of Education, 1992. Board of Trade may detain and ex- amine unseaworthy ships, 756; may appoint registrars of banking companies, 1688; and inspectors, 1706; regulates the standards of weights and measures, 1093. Bond, personal, 1906; bond, heri- table, 1914; bond and disposition in security, 1917; back bond, 1919; bond of presentation,
Bonded warehouses, 1459 et seq. Bonorum, cessio, 1525.-See Bank- ruptcy.
Book, 1839.-See Copyright. Brieve of Service, 905.-See Succes- sion. Broker, 1772.-See Insurance. Bubble Act, 1671. Burdens and rights attaching to heritable property, 1199 et seq. —— See Property. Burdens, public, ib. Burgh Courts, 2151.
Burgh School, 1999 et seq.-See Education. Business days, 1607.
Calumny, oath of, its terms, 230. Capacity of parties to a bill, 1559. Carriers are middlemen, 1138; their special liabilities, 1436 et seq. Cash credit, 1743.
Casualties of superiority, 1169; now virtually abolished, 1170. Cattle, servitude of pasturing, 1236; servitude of watering, 1244; land- lord's hypothec over, 1362, 1365. Cautionary obligations, 1718; proper and improper, distinction between, abolished by Mercantile Law Amendment Act, 1719; cautionary generally gratuitous, 1720; some- times for premium paid, ib.; Scotch law adopted in England, 1721; guarantee associations, 1722; cautionary obligations must be in writing, 1724; may be dependent on a condition, 1725; cautioner entitled to plead every defence com- petent to principal debtor, 1726; discussion, 1727; what it imports, 1728; abolished by Mercantile Law Amendment Act, unless stipu- lated for, 1729; cautioner entitled to assignation of debt and dili- gence, 1730; may take legal mea- sures for his relief, 1731; has a lien over any debt he owes to principal debtor, 1732; co-cau- tioners, 1733; a co-cautioner seek- ing relief against the others must communicate any deduction he has received, 1734; division, 1735; discharge of principal debtor is a discharge of cautioners, 1736; neglect by the creditor of proper measures is a defence to cautioner, 1737; cautioner not freed by creditor merely forbearing to en- force payment, 1739; but is so if creditor agrees to give time, ib.; prescription, 1740; requisites in order to have benefit of Act, ib.; notice must be notarial or judicial,
1741; cases to which Act does not apply, 1742; cautioners for a cash credit, 1743-49; termination of the obligation, 1750; cautioners for agents, 1751; nature and extent of liability must be disclosed to cautioner, 1752; presumption is that it is merely prospective, 1753; creditor is bound to exercise a cer- tain vigilance, 1754; not at liberty to sanction any departure from terms of contract, ib.; mere neglect, unless very gross, will not relieve cautioner, 1755; cautioners for Government servants, 1757; for messengers-at-arms, 1758; for bank agent, 1760; judicial caution, 1761; judicio sisti, 1762; judicatum solvi, 1764; caution in a suspen- sion or advocation, 1765-67; jura- tory caution, 1768.
Certificate of registration of ship, 1150.
Cessio bonorum, 1525.-See Bank- ruptcy and Insolvency.
Chancellor of Scotland, office of, abolished, 2020.
Character of servant, master not bound to grant, 690. Chartered banks, 1677. Charter-party, 1407 et seq.-See Let- ting and Hiring.
Cheque, bank, 1594; crossed, 1596. Children, restrictions on the em- ployment of, 739-40.
Choosing of curators, 444. See Guardianship.
Church courts, 2204.-See Courts, Ecclesiastical.
Churches, 1255; rebuilding of, 1256. Circuit courts, 2109.
Civil debt, imprisonment for, abo- lished, 1520.
Civil law, its influence on the law of
Scotland traceable to the French connection, 3; its effects on the law of marriage, guardianship, and contracts, ih. Clandestine marriages, 33. Clare constat, entry of heir by writ of, 916.
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