Gilmour and Others v. Hart, 105

Girvan v. Campbell, 32

Gladstone and Others, Mackie v., 368
Glasgow Millboard Co., Peter v., 127

Glasgow Corporation Gas Commissioners, Inland
Revenue v., 556

Glasgow & District Co-operative Society (Wilson, petitioner), 303

Glasgow, Mags. of, v. Waltons, 646

Glasgow & S. W. Railway, Adams v., 136
Gordon v. M'Kerron and Others, 279
Grainger's Trs., Accountant of Court v., 308
Grant and Others-Special Case, 176
Grant v. Wright, 482

Gray, Lady, v. Richardson and Others, 230

Great North of Scotland Ry. v. M'Connachie, 39 Greenock Harbour Trustees, Thomson v., 155

Greig and Simpson v. Craig, 423

Grimond, British Shipowners Co. v., 623

Hadden and Others v. Hepburn, 638

Hamilton, D. of, Wardrope v., 568
Hamilton & Lee, Clark v., 95

Hamilton and Others, Thomson and Others v.,

293

Jack, Begg and Others 17
Jackson v. M' Kechnie, 65

Jackson & Macfarlane v. M'Millan and Another, 388

Jackson, Highland Railway v., 551
Johnson, Byrne v., 170

Kay v. Local Authority of Kelso, 609
Kellock v. Anderson and Others, 161
Kelso Local Authority, Kay v., 609
Kennedy Laurie, M'Adam v., 322
Kerr v. Kerr or Moody, 480
Kilmarnock Heritors, Leck v., 16
King, Mackenzie v., 35

Kirriemuir Police Comrs. v. Reid's Trs., 644

Kirk, Aitken v., 373

Kirk v. Kirk, 65

Kirkwood, Clark v., 493

Learmonth, Young v., 34

Leck v. Heritors of Kilmarnock, 16

Leith Heritages Co. v. Edinburgh & Leith Glass
Company, 514, 731

Leith Town Council v. Lennon, 84
Leuchar's Kirk Session, Turbine v., 1
Lindsay and Others, N. B. Railway v., 97
Linton, Donaldson v., 163
Lockhart, Cadzow v., 441

Lockyer v. Ferryman and Others, 572
Lord Advocate v. Brown, 151

v. School Board of Parish of Stow, 305

v. Joseph Dawson Wormald, 400 v. Watson, 1, 165

Lord Blantyre v., 213

M'Adam v. Kennedy Laurie, 322

Macbeath and Others, Thom and Others v., 94 M'Callum, Nicol v., 608

M'Clelland v. Robertson, 570

M'Connachie, G. N. of Scotland Railway v., 39 M'Culloch and Others v. The Kirk Session and Heritors of the Parish of Dalry, and Others, 717

Macdonald and Others v. Robertson and Others, 426

Macdonald or Kennedy v. Menzies or Mac

donald, 525

Macfarlane v. School Board of Mochrum, 49

Macgregor and Others-Special Case, 450
M'Gill v. Bell and Others, 278

M'Kechnie, Jackson v., 65
Mackenzie, Beith v., 113

Mackenzie v. King, 35

M'Kenzie, Henderson v., 393

M'Kerron and Others, Gordon v., 279
Mackersy and Pattison, Batchelor v., 589, 664
Mackie v. Gladstone and Others, 368
Mackie, Wilson v., 8

M'Kinnon v. Anderson, 385

M'Kinnon, Accountant of Court v., 308
Mackintosh and Others v. Ross and Others, 135
M'Laren and Others v. Menzies and Others, 703
M'Laurins, Stafford v., 82, 174
Maclean, Cameron v., 278
Macleay v. Campbell, 649
M'Leod's Tr., Cutlar v., 308

M'Millan and Another, Jackson & Macfarlane v., 388

M'William and M'Cutcheon, Douglas v., 358
M'Tavish, Caledonian Canal v., 275
Mabon v. Cairns, 23

Maitland, Smith, Laing & Co. v., 177, 290
Mann, Wilson v., 335, 363
Martin v. Duncanson, 86

Mason and Co., Francisco Dall' Orso v., 270
Matheson and Others, Parker v., 405

Maule, The Right Hon. Mrs Élizabeth Binny or, petitioner, 532

Mercer and Others, Gillespie v., 350

Menzies and Others, M'Laren and Others v.,

703

Miller v. Downie, 345

Miller and Co. v. Walker, 143

Miller & Co. v. Potter, Wilson & Co., 70
Miln v. Miln, 223

Mitchell, Dundee Police Commissioners v., 484
Mitchell and Others v. Heritors of Pitsligo, 641
Molleson and Others v. Davies and Others, 130
Monypenny's Trs., Spens v., 25

Moon and Others v. Caledonian Ry., 517 Morrison v. Harrison and Forth & Clyde Junction Railway, 273

Morrison v. School Board of Abernethy, 611
Morrison, Trustees of Free Tron Church v., 384
Mossend Iron Co., Sneddon v., 563
Musselburgh Election petition, 630
Muir v. Thompson and Others, 739
Munro and Others, White v., 651
Naismith v. Cairnduff, 559

Nelson, Donkin & Co. v. Brown and Others,

Ramsay and the Alloa Coal Company, Blair v., 10, 751

Reid and Others, Cutlar v., 308

Reid's Trustees, Police Commissioners of Kirriemuir v., 644

Richardson and Others, Lady Gray v., 230
Riddell v. Polwarth, 567
Robertson, petitioner, 665
Robertson v. Brown, 436

Robertson v. Brown and Others, 630
Robertson v. Cockburn, 15

Robertson's Curator, petitioner, 395
Robertson, M'Clelland v., 570

Robertson v. Northern Counties Fire Office, 4 Robertson and Others, Macdonald and Others v., 426

Robinow and Marjoribanks v. Ewing's Trustees and Others, 692 Robson, petitioner, 421

Rodger, Clendinning v., 120

Ross and Others, Mackintosh and Others v., 135 Ross, Skolfield & Co. v. State Line Steamship Co., 78

Roxburgh and Others, 498

Roxburgh & Co. v. Barlas, 215

Sawyer v. Sloan, 173

School Board of Abernethy, Morrison v., 611
School Board of Dunbar v. Mags. of Dunbar, 391
School Board of Mochrum, Macfarlane v., 49
School Board of Stow, Lord Advocate v., 305
Scott, Clippen's Shale Oil Co. v., 429
Scott, Valery v., 622

Scottish Heritable Security Co. v. Allan Campbell & Co., 207

Scottish Heritable Security Co. v. Watson &
Sons, 207

Scottish Widows' Fund v. Buist and Others, 659
Sdeuard v. Gardner & Son, 363
Seafield, Lord, Steuart v., 318

Shand v. Shand's Curator, 348
Shaw v. Young and Others, 526
Sim v. Sim, 88

Skinner and Others-Special Case, 439
Sloan and Others, Cowan v., 448
Sloan, Sawyer v., 173

Smith, Laing, & Co. v. Maitland, 177, 290
Smith, Nisbet v., 493

Smith's Trs. and Others, Traill v., 489
Smyth v. Smyth, 356

Sneddon v. Mossend Iron Co., 563

Somers, Henderson v., 643

Special Case-Bishop of Sydney and Others, 381
Blair's Executors and Others, 217
Farquhar and Others, 36
Ferrier and Others, 263
Grant and Others, 176

Henderson's Trustees and Others, 181
Macgregor and Others, 450
Park's Trs. and Others, 550

Skinner and Others, 439

Stewart, Robertson, and Others, 166

Spens v. Monypenny's Trustees, 25, 45 Stafford v. M'Laurins, 82, 174

Stark v. Davie, 666

State Line Steamship Co., Ross, Skolfield & Co. V., 78

Steele & Co. v. Byrne and Others, 723

Stephen v. Aiton, 734

Stewart v. Edwards, 135

Stewart and M'Donald, Forbes v., 690
Stewart and Others, Young v., 5

Stewart, Robertson and Others-Special Case,

166

Steuart v. Lord Seafield, 318
Sutherland v. Thomson, 311

Sydney, Bishop of, and Others-Special Case, 381

Symington v. Symington, 124

Taylor and Others v. Adam's Trustees, 268
Thom and Others v. Macbeth and Others, 94
Thompson and Others, Muir v., 739

Thomson v. Greenock Harbour Trustees, 155 Thomson and Others v. Hamilton and Others, 293

Thomson & Co., Dudgeon v., 384, 629

Thomson, Sutherland v., 311

Thurso Police Commissioners, Stephen v., 339 Torbain, Edinburgh Tramways Company v.,

432

Towill & Co. v. British Agricultural Association, 61

Traill v. Smith's Trustees and Others, 489

Walker, Miller & Co. v., 143

Waltons, Mags. of Glasgow v., 646

Wardrope v. D. of Hamilton and Others, 568
Watson, Lord Advocate v., 1, 165

Watson & Sons, Scottish Heritable Security Co. v., 207

White v. Munro and Others, 651
Wightman, Wright v., 29
Wilson, petitioner, 4, 303
Wilson v. Mackie, 8

Wilson v. Mann, 335, 363
Wilsons v. Waddell, 196
Wormald, petitioner, 119
Wormald, Lord Advocate v.,
Wright, Grant v., 482
Wright v. Wightman, 29

Young v. Learmonth, 34

400

Young v. Nith Navigation Commissioners, 636 Young v. Stewart and Others, 5

1449, c. 17, p. 97

50 Geo. II. c. 112 (Small Debt Act), p. 523.
48 Geo. III. c. 151 (Administration of Justice
and Appeals Act), p. 85

2 and 3 Will. IV. c. 68 (Trespass Act), pp. 610,
164, 322

3 and 4 Will. IV. c. 76 (Municipal Election), p.

293

A.S., 1839, c. 9, p. 23

20 and 21

21 and 22

25 and 26

25 and 26

A.S., 19th December 1835, p. 290

A.S., 10th March 1870, p. 493

A.S., 19th December 1835, p. 644

25 and 26

1 and 2 Vict. c. 114 (Personal Diligence Act),
p. 82

c. 35 (Property and Income Tax
Act), pp. 378, 556

c. 95 (Salmon Fisheries Act
1844) p. 482

c. 33 (Railways Clauses Con-
solidation Act 1845), pp. 5,
97, 273

c. 83 (Poor Law Amendment
Act 1845), pp. 275, 424
c. 82 (Harbours Act 1847), p.
608

c. 36 (Rutherfurd Act), pp. 348,
410, 532, 567

c. 33 (Police Act), pp. 426, 484
c. 36 (Procedure Act, 1850), p.
538

c. 20 (Evidence Act), p. 649

c. 94 (Entail Amendment Act),
P. 410

c. 80 (Sheriff Court Act 1853),
p. 563

c. 80 (Registration Act), p. 35
c. 104 (Merchant Shipping Act
1854), p. 753

c. 103 (Nuisances Removal Act),
P. 484

c. 44 (Proclamation of Banns),
p. 498

19 and 20 Vict. c. 79 (Bankruptcy Act 1856),

38 and 39

38 and 39

دو

66

36

pp. 496, 520

c. 70 (Burghs Extension Act

1857) p. 484

c. 76 (Titles to Land Act 1858),
P. 439

c. 89 (Companies Act 1862), pp.
4, 363, 570, 303, 399
c. 101 (Police and Improvement
Act 1862), pp. 135, 644, 701
c. 35 (Exciseable Liquors Act),
p. 163

c. 71 (Glebe Lands Act 1866),
P. 16

c. 118 (Industrial Schools Act
1866), p. 163

c. 97 (Trusts Act 1867), p. 421
c. 101 (Public Health Act 1867),
p. 609

c. 96 (Ecclesiastical Buildings
Act), p. 641

c. 100 (Court of Session Act
1868), pp. 2, 493

c. 48 (Registration Act), p. 35
c. 102 (Ballot Act), p. 426
c. 56 (Dogs Act, 1871), p. 393
c. 33 (Municipal Election, 1872)
pp. 426, 629

c. 62 (Education Act, 1872), pp.
49, 305, 318, 391, 611

c. 85 (Shipping Act 1873), p.
456

c. 63 (Law Agents Act), p. 655
c. 68 (Edinburgh Street Tram-
ways, 1874), p. 432

c. 94 (Conveyancing Act, 1874),
pp. 439, 259, 356, 358, 703,
731

c. 62 (Summary Prosecution
Appeals), pp. 135, 393, 609
c. 61 (Entail Amendment), p.

348

Access. See Servitude.
Account.

Proof.

See Agent and Client-Judicial Factor-

Accretion. See Succession.

Accumulations. See Successions.

Act of Grace. See Debtor.

Actual and Constructive Loss. See Ship.
Additional Proof. See Process.
Adjourned Meeting. See Mandate.
Administration. See Trust.
Advertisement. See Contract.
Advocate. See Counsel-Process.
Affreightment, Contract of-Injury to Goods-Dam-
ages-Delivery-Punctum temporis. 750 bales
of jute were shipped to the port of D. On
arrival the consignees' clerk took delivery for
three or four days over the ship's side, but on
the 5th day at noon a heavy shower came on,
and 91 bales were damaged. None of these
bales were removed from the quay for about a
week, when they were placed in the consignees'
warehouse. The consignees claimed damages
for their loss on the 91 bales, and led evidence
as to a custom at D. by which no goods were
checked until placed in the consignees' carts,
and further maintained that until that time
there was no completed delivery. Held that
the evidence was not sufficient to establish
anything beyond mutual arrangement as to
checking, and that without peculiar custom
the goods were delivered when put into the
hands of the consignee or his employees.
British Shipowners Company v. J. & A. D.
Grimond, p. 623.

Agent and Client-Account-Notary-Public.

A

notary-public when employed as conveyancer
is entitled to charge ad valorem fees, calculated
upon a reasonable scale as between agent and
client. Aitken v. Kirk, p. 373.

Liability for Misconduct of Cause. An agent
must as a general rule follow the instructions of
his client, but when the conduct of a cause is
in the hands of counsel, the agent is bound to
act according to his directions, and will not be
answerable to the client for what he does bona
fide in obedience to such directions. Batchelor
v. Mackersy and Pattison, p. 589.

-See Process.

Agent and Principal-Ship-Ship-broker-Commis-
sion. A broker sued a shipowner for commis-
sion on the price of a ship sold by the defender,
on the ground that the order had been obtained

through the pursuer's introduction and recom-
mendation. Held (diss. the Lord Justice-Clerk)
that in the circumstances the pursuer had failed
to show that the order was the direct result of
his intervention, and consequently that he was
not entitled to commission. White v. Munro
and Others, p. 651.

-See Trust-Debtor and Creditor.
Agreement with School Board. See Endowment.
Alimentary Provision. See Curator.
Allocation of Area. See Church.
Appeal-Small-Debt Action-Settlement of Pauper
-Continued Parochial Relief - Competency –
Jurisdiction-Res Judicata. The inspector of
A. gave parochial relief to a pauper, and, as the
amount was under £12, brought an action for
that sum in the Small-Debt Court against the
inspector of B., in whose parish the pauper was
averred to have a settlement. Held that the
action was competent in the Small-Debt Court,
notwithstanding that the Sheriff had inciden-
tally to decide the question of settlement. Cald-
well v. Nixon, p. 483.

Conviction. The 9th section of the Sum-
mary Prosecutions Appeals (Scotland) Act
1875, provides that "any person who shall ap-
peal under the provisions of this Act from any
determination of an inferior judge from which
he is by law entitled to appeal in any other
manner of way to any superior or other court,
shall be taken to have abandoned such title to
appeal in any other such manner of way as
aforesaid." A person convicted of an offence
under the Public Health Act 1867, applied to
the Sheriff to state a Case for appeal under the
provisions of the Summary Prosecutions Act
1875, section 9, but before the case was signed
withdrew from the prosecution of his appeal
under that Act. Held that the appeal was not
taken till the case was signed, and that in the
circumstances appeal in another way was com-
petent. Suspension-Kay v. Local Authority
of Kelso, p. 609.

Conviction. A person was convicted of tres-
pass by entering and being without leave of the
proprietor "in and near a field, &c. Held
that the expression being "in and near" was
ambiguous, and did not warrant a conviction
under the statute. Appeal-Arthur v. Peebles,
p. 610.

-See Process-Church-Boundary.
Arrestment-Competency-Recall-Reduction-Per-