Clergy of Established Church, how Consanguinity, 823.
supported, 1251. Clerks, hiring of, 569. Co-cautioners, 1733.
Code de commerce, p. 396, note. Cognates, 391.-See Guardianship. Cognition of insane or facile person, 510 et seq.-See Guardianship. Cohabitation, marriage by, 36. Collaborateur or fellow-servant, 659
Collateral kindred, 826. Collation, 985.
Collections at church doors, 1981. College of Justice, founded on the model of the Parliament of Paris, 3; its present members, 2040. Collision, insurance against, 1777. Combinations among workmen, 741. Commercial Bank, 1678. Commercial law, 1040 et seq. Commissary Court, 2081. Commission of the Peace, 2159. Commission of Assembly, 2237. Commissioner, Royal, to General Assembly, 2232. Commissioners in
Common, rights of pasturage over, 1237.
Communication of cases among co- cautioners, 1734.
Community of goods, 108.-See Marriage.
Company, 1622.-See Partnership. Compensation for improvements, 1368 et seq.
Composition to superior, 1169. Composition by bankrupt, 1512. Compulsitor, 2012.
Compulsory licence of patent, 1887. Concubinage, how converted into marriage, 36.-See Marriage. Conditional legacy, 979. Condonation, 237.-See Marriage. Confirmation, writ of, now abolished, 1181.
Confirmation of executor, 988. Conjunct and confident persons,
Conscience clause, 2011.-See Educa-
Consent, legal, requisites of, 14. Consistorial actions, 262. Contracts, constitution of, in general, 1043; consent must be deliberate and voluntary, 1044; error in es- sentials, 1045; force and fear, 1046; fraud, 1047; all contracts valid until reduced, 1048; court cannot reform the contract but must reduce it, ib.; written con- tracts, 1049; locus penitentiæ, 1051; how excluded, 1052; rei interventus, 1053; homologation, 1054; immoral contracts, 1055; gaming debts and wagers, 1056; contracts made on Sunday, 1057; Tippling Act, 1058; to what this Act applies, 1059. Contracts, marriage, 265 et seq. Contributories in joint-stock com- panies, 1711.
Contributory negligence, 671, 736. Conveyance of land, 1157 et seq.- See Sale of Heritage. Conveyancers, 2255.-See Writers to the Signet.
Copula, 20.-See Marriage. Copyright, history of, 1835-37; now regulated by 5 and 6 Vict. c. 45, 1838; what is a book? 1839; does not include designs which are pro- tected by separate Acts, ib.; re- publication of standard author with notes is a book, ib.; endur- ance of copyright, 1840; must be for forty-two years, 1841; may be longer, ib.; applies to copyrights under former law, if held by author or his representatives, 1842; Privy Council may license publication of book when author dead, 1843; copies of books must be delivered at British Museum, and given to Bodleian Library, Oxford, Public Library at Cambridge, Library of Faculty of Advocates, Edinburgh, and Library of Trinity College, Dublin, 1844; penalty for failure to
do so, 1845; Register at Stationers' Courts-continued.
Hall, 1846; damages for printing book in which copyright subsists, 1848; summary mode of convic- tion, 1849; books seized to be de- stroyed, 1850; alien may own British copyright, 1851; reviews, magazines, etc., 1852; musical and dramatic works, 1853; en- gravings, maps, paintings, draw- ings, photographs, etc., 1854; sculpture, 1855; universities, 1856; lectures, 1857; quotations, ib.; letters, 1858; newspapers, 1859; international copyright, 1860-66 ; copyright in designs, 1867. Courtesy, 192.-See Marriage. Courts, 2015 et seq.; supreme, and judges, ib.; inferior, 2115; ec- clesiastical, 2204.
Court of Session, 2017; when in- stituted, ib.; its original consti- tution, 2018; churchmen ap- pointed to be judges, ib.; office of Lord Chancellor abolished at Union, 2020; peers appointed to sit with judges, ib.; Court of Session one tribunal till 1808, 2021; now divided into two courts, Outer and Inner House, ib.; subsequent changes in num- ber of judges, 2022; now con- sists of thirteen, 2023; how they sit, 2024; arrangements as to business, 2025; Bill Cham- ber, 2026; provisions of 31 and 32 Vict. as to rehearing, 2028; Court of four Lords Ordinary, 2030; judges hold office ad vitam aut culpam, 2031; appointed by Crown, ib.; Acts of Sederunt, powers of Court to pass, 8; juris- diction of Court of Session, 2032; to what amount debt must be, ib.; review by Court of Session, 2033; review by House of Lords, 2035; questions of fact, 2038-see Jury Court; law and equity not separated in Scot- land, 2039; College of Justice, 2040.
Departments of Court of Session,
Jury Court, 2042; institution of, ib.; object of, 2044; its first constitution borrowed from England, 2045; first statute introducing it only had force for seven years, 2046; per- manently established in 1819, 2047; enlarged and altered in 1825, 2048; incorporated with Court of Session in 1830, 2049; before whom jury trials may take place, 2050; what cases may be sent to, 2051; changes in arrangement of procedure for jury trials in- troduced by 13 and 14 Vict. c. 36, 2052; provisions of 29 and 30 Vict. c. 112 as to taking proof by commission, 2053; of 6 Geo. IV. as to arbitra- tion, 2055; verdict, 2056; confinement of jury now re- duced to three hours, ib. Court of Exchequer, 2057; juris- diction of, transferred to Court of Session in 1856, 2058; his- tory of ancient Court of Ex- chequer, 2059; subsequent changes in duties of, 2067; present arrangement intro- duced by Exchequer Act,
Teind Court, 2069; its history and present jurisdiction, ib. et seq.
Admiralty, Court of, 2076; its history, ib.; abolished in 1830, 2078; present arrangements as to Admiralty causes, ib. et seq. Commissary Court, 2081; its
history, ib.; abolished as sepa- rate court in 1836, 2082; in- ferior commissariots, 2083; present jurisdiction of Com- missary Courts, 2085; finally abolished, and jurisdiction transferred to Sheriff Court, ib.
Valuation Appeal Court, 2086. Registration Appeal Court, 2087. House of Lords, 2088; highest
court of appeal in civil causes, ib.; history of right of appeal to Parliament, 2089; of what courts judgment carried di- rectly to House of Lords, 2092; general rule as to Court of Ses- sion cases, 2093; in what cases there is no appeal, 2094; how judgments of House of Lords executed, 2095; reconstituted by 39 and 40 Vict. c. 59, 2096.
Court of Justiciary, 2097; Lord Justice-General is president, 2098; and Lord Justice-Clerk in his absence, ib.; five other Lords of Session are Commis- sioners of Justiciary, 2099; three are a quorum, ib.; Lord Advo- cate, Solicitor-General, and four advocates-depute prosecute in, 2100; private party may also prosecute, ib.; jury consists of fifteen, 2101; verdict of "not proven," ib.; special verdict, 2102; no appeal from Court of Justiciary, 2103; cannot review its own judgments, 2104; when it reviews those of inferior courts, ib.; arbitrary power, ex- ceptions to, 2105; Peers amen- able to Court of Justiciary for ordinary crimes, 2106; cannot try military or ecclesiastical of- fences, 2107; can punish inno- minate offences, 2108; Circuits of Justiciary, when and where held, 2109, 2110; constitution and jurisdiction of Circuit Courts, 2111-14.
Inferior Courts, 2115 et seq.
Sheriff Court, 2115; history of office of Sheriff, 2115-2020 ; Sheriff-depute, 2121; history of constitution, 2121-23; here- ditary Sheriffs abolished by 20 Geo. II. c. 43, 2122; Sheriffs
Courts-continued.
must be advocates of at least three years' standing, 2124; his former jurisdiction, 2125; his present civil jurisdiction, 2126; recent extension of it, 2127; duties under bankrupt statutes, 2128; recent altera- tion in forms of procedure, 2129; certain fees to Sheriffs abolished, 2131; criminal ju- risdiction formerly very great, 2132; its present limits, 2133; procurator-fiscal is public pro- secutor in Sheriff Courts, 2135; Sheriff-substitute, 2136; rules as to appointment of, 2137 et seq.
Small Debt Courts, 2140; Sheriff
and Sheriff-substitutes the most frequent judges in small debt, ib.; prosecutor and de- fender state their own cases, 2149; procedure in court, ib.; no record kept, 2142; when appeal allowed to Justiciary or Circuit Court, 2143; juris- diction of, 2144; Circuit Small Debt Courts, ib.; sum- mary jurisdiction under 30 and 31 Vict. c. 96, 2145; law of evidence, 2146.-See Evi- dence.
Police Court of Sheriff, 2149; Sheriff's Police Court in Edin- burgh cumulative with that of civic authorities, ib.; juris- diction of, 2150; period of imprisonment limited to sixty days, ib.
Burgh Courts, 2151; still held by magistrates for disposal of civil causes, ib. ; magistrates in some burghs justices of the peace, ib.; special justices for Edinburgh, 2152; Edinburgh magistrates admirals of ports of Leith and Newhaven, 2153. Dean of Guild's Court, 2154; jurisdiction, ib.; does not extend to portion of burgh
brought under magistrates' jurisdiction by 19 and 20 Vict. c. 32, 2155. Justice of Peace Courts, 2156. -See Justice of Peace. Court of Lord Lyon, 2192.— See Lord Lyon.
Courts, Ecclesiastical, their history and character, 2204. Kirk-session, 2206; its consti- tution, 2207-09; its duties, 2210; power with reference to collections, 2211; relation to Board of Supervision, 2212. Presbytery superior to kirk-ses- sion, 2213; bounds of juris- diction fixed by General As- sembly, 2214; present number of presbyteries, ib.; consti- tution, 2215; it examines candidates for the ministry, and grants licences to preach, 2217; tries qualifications of presentees, ib.; ordains, in- ducts, and superintends them, ib; functions in the election of ministers under the Patron- age Act, 2218; is court of appeal from kirk-session, 2219; its functions as a civil court, 2220.. Synod, 2221; is superior to presbytery, ib.; sixteen in Scotland, 2222; its constitu- tion, 2223; meets twice a year, 2224; moderator always a minister, 2225; is court of appeal from presbytery, 2226. General Assembly, 2227; is highest ecclesiastical court, ib.; its constitution, 2228-30; time of meeting, 2231; Com- missioner of Assembly, 2232; moderator, 2234; procurator and other officers, ib.; its legislative and judicial capa- city, 2235; petitions to General Assembly, 2236; annual session, 2237. Commissionof General Assembly,
2237; its constitution, 2238; stated meetings, 2239; inci- dental meetings, ib.; when proceedings of General As- sembly subject to reveiw in civil courts, 2240; Presby- terian dissenting bodies go- verned in same manner as the Established Church, 2241. Crime, when committed, what steps require to be taken, 2296. Crimes, public prosecutor of, 3, 2050, 2135, 2295.
Crimes prescribe in twenty years, whether, 1280.
Criminal actions, 2229; conducted by public prosecutor, ib.; only requisite to give information to procurator-fiscal, 2296. Criminal Courts; see Court of Jus- ticiary, 2097; Sheriff Court, 2132; criminal jurisdiction of Sheriff,
landlord's hypothec over,
1363. Cropping, mode of, 1357. Crossed cheques, 1596. Crown, ultimus hæres, 847; rights vested in, as representative of public, 1207 et seq.; rights of, in patents, 1891.
Curator ad litem to wife, 55.-See Marriage.
Curatory, 426.-See Guardianship. Custody of child, 299, 333, 388.- See Parent and Child; see also Guardianship.
Customs the groundwork of legal arrangements, 1.
Damage, inevitable effect of, on agri- cultural lease, 1342. Damage, when master liable for, by
servant's conduct, 664 et seq.; when shipmasters, innkeepers, and stablers liable for, 1436; railway, when liable for, 1444; hackney-coachmen, 1446; lodg- ing-house keepers, 1448.
Damage by game, 1331; by vermin to town house, 1393.
Damage, when covered by insurance, 1816. See Insurance. Damages, actions of, 2051.-See Jury Court.
Date of holograph deed, 957; of bill, 1546; of patent, 1879. Daughters, succession of, 834.-See Succession.
Days of grace, 1555.-See Bill. Dead's part, 949.
Dean of Faculty, 2247. Dean of Guild's Court, 2154; appli- cation may be made to, where landlord refuses to indemnify for repairs, 1355.
Debt: Sheriff Small Debt Court,
2140; Justices' Small Debt Court, 2184. See Courts.
Debt, Small, Court of, mode of raising or defending action in, 2241.
Debt, life policy assigned in security of, 1832.
Debt, securities for, 1906 et seq. Decennial prescription, 1281. Deeds, how executed by married women, 128 et seq.; for bequeath- ing heritage, 855 et seq.; for be- queathing moveables, 935 et seq.; rules for making a will, 952; form of will, 984.
Deeds, execution of, 959 et seq. Delectus personæ in partnership,
Diligence on bills and notes, 1615. Discharge of bankrupt, 1512, 1513. Discussion, 1727.-See Cautionry. Dishonour of bills, notice of, 1580. Disposition, 855.
Dissenters, marriage of, 31. Dissenters, Presbyterian, how go- verned, 2241.-See Courts, Eccle- siastical. Dissolution of marriage, 176; of a contract of partnership, 1640, 1650.
Division among co-cautioners, 1735. --See Cautionry.
Divorce, 215. See Marriage. Domestic servants, hiring of, 566. -See Master and Servant. Domicile, 228; wife's follows hus- band's, 58; matrimonial, 224; in succession, 1003.
Dominant and servient tenement, 1230.
Dominium directum and utile, 1164. Donatio mortis causa to be distin- guished from legacy, 953. Donations between husband and wife, 168.
Dormant partners of a company, 1625.
Dovecots, 1264.-See Pigeon-houses. Dramatic works, 1853.-See Copy- right.
Drawer of a bill, 1539.
Drunkenness, 615.-See Master and Servant.
Ducks, wild, not game, 1334. Duration of term of service, 564 et seq. Duration of a contract of partnership,
Duty on bills and promissory notes,
Duty on succession, 998. Dwelling-house, lease of, 1381.- See Letting and Hiring.
Eases, communication of, among cautioners, 1734.
Ecclesiastical Courts, 2204. - See Courts.
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