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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

et seq.

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

1499.

sequestration,

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,

1510.

Conjunct rights, 877.

Conscience clause, 2011.-See Educa-

tion.

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,

2042.

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,

2068.

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.

Courts-continued. '

Valuation Appeal Court, 2086.
Registration Appeal Court, 2087.
House of Lords, 2088; highest

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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

Courts-continued.

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,

Courts-continued.

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,

ib.

Crop,

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.

Cruves, 6.

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,

1634.

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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,

1640.

Duty on bills and promissory notes,

1611.

Duty on succession, 998.
Dwelling-house, lease of, 1381.-
See Letting and Hiring.

Earnest, 561.

Eases, communication of, among
cautioners, 1734.

Ecclesiastical Courts, 2204. - See
Courts.

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