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INDEX.

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.

-

on,

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,

1189.

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.

1287.

Arrears of aliment do not prescribe,

329.

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,

2227.

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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

of

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,

1764.

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.

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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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