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INDEX.

A.

ABANDONMENT in Marine Insurance,
page 203. See Insurance.
Abbey of Holyroodhouse, protection
from Imprisonment in, 460. See
Sanctuary.

Abbreviate of Adjudication, 474.
of sequestration, 380.
Absconding, bankruptcy on, 368.
See Bankruptcy.
Abuse, defamatory, 433.
Acceptance of Bill, 304. Must be
in writing, 314. For honour, 318.
See Bill.

Accession to Trust for behoof of
Creditors, 424. See Trust.
Accommodation Bills, no notice ne-
cessary in, 321. Position and
rights of parties to, 327. Payment
of, 329. See Bill.

Cross Ranking of, 363.
Accounts, Merchants', how far evi-
dence, 141.

Act of God, in questions as to re-
sponsibility of shipmasters, &c.
277. See Responsibility, Shipping.
- of Warding, 457. See Diligence.
of Grace, 459.

- Thelussons, 234.

the Apportionment, 49.
Acts of Parliament, Scottish, 1.
English, 3.
British, 4.
- Local, 5.
Private, 6.

-

Action, prescription interrupted by,
446.

small debt, 449. See Small
Debts.

of Damages, 430, et seq.
Adherence, action of, 27.

Adjudication, 473. Circumstances
in which used, ib. Property sub-
ject to, ib. Apprising, ib. Spe-
cial adjudication, 474. General,
ib. Declarator of expiry of legal,
ib. Right of redemption, ib. Pre-
scription, 475. Pari Passu ranking,
ib. Against estate of deceased
debtor, ib. See Deceased Debtor.

sequestration equivalent to, 399.
on trust bond, entry of heir by,
103.

Adjudications, ranking of, with
each other, and with inhibitions,
&c., 361.

Adjustment in marine insurance,
204. See Insurance.
Adultery, divorce for, 29.
Advances, government,for drainage,
how secured, 344.
Adventure, joint, 186. See Joint,
Adventure.

Advocate, Lord, his authority in
regard to patents, 79. See Patent.
Advocation, caution in, 229.
Affairs, state of, by sequestrated

bankrupt, 394. See Sequestration.
Affidavit of creditor to petition or
vote in sequestration, 381.
Sequestration.

See

of Danger, 466. See Extent.
Affinity as a bar to Marriage, 18.
See Husband and Wife.
Affreightment, 273. See Shipping.
Agency, 243. See Mandate.
Agent, his power to negotiate bills
or notes, 244. See Bill.

may be sequestrated, 375.
sale conducted by, 147.
common, in judicial sale, 415.
See Judicial Sale.

Agnates, 38. See Guardian and
Ward.

Agreement,124; enforcement of, 426.
Aid, extent in, 466.
Aliens, how far entitled to hold
leases, 286.

Inquiry, if they can hold copy-
right, 74.

Alienations by bankrupts, 368. See
Bankrupt.

Aliment of parents and children by
each other, 33. Of natural chil-
dren, 37. See Parent and Child.
to a wife in separation, 28.

to prisoner under act of grace,

459.

Alimentary account, prescription of,
448.

provisions not arrestable, 467.
Allowance to sequestrated bank-
rupt, 394. See Sequestration.
Amendment of a patent, 82. See
Patent.

Ancestor, debts of, proceedings
against heir for, 475. Responsi-
bility of representatives for, 365.
See Deceased Debtor.
Annualrent right, 339. See Bond.
symbols of, 56.
Annuity, proportion of, given up on
obtaining cessio, 422.
- purchase of, from insurance
office, 208.

distribution of, by Apportion-
ment Act, 49.

valuing in sequestration, 384.
ranking of cautioner for, 404.
Annus deliberandi, 366.
Antenuptial contract of marriage,

effect of, 20, 369. See Bankruptcy.
Anticipated rent, 290.

Apparent heir, year to deliberate,
366. Not allowed to alienate
during that time, ib. Three years
in possession, ib. Proceedings
against by ancestor's creditors,
ib. See Deceased Debtor.

-

judicial sale by, 414.
Appeal of cessio, 420. See Cessio.

against decisions of trustee or
sheriff in sequestrations, 411.
See Sequestration.
Apportionment Act, The, its opera-
tion, 49.
Apprentice, 259. Regulations of
corporations, ib. Indenture, ib.
Stamp, ib.
Pupils and their
guardians, ib. Mutual duties and
obligations, ib. Fee, 143, 259.
Cautioner, 259. How far master

bound to teach, 260. Apprentice
enlisting, ib. Penalties on manu-
facturing apprentices deserting,
&c., ib.

Apprising, 473. See Adjudication.
Aqueduct, 62. See Servitude.
Arable farms. See Landlord and
Tenant.

Arbitration, contract of, 240. Dif-
ferent kinds, ib. What essential
to a valid submission, ib. Differ-
ence between arbitration of dis-
pute and reference for fixing a
value, ib. How long a submis-
sion lasts, 241. Oversman in case
of difference, ib. Judicial sub-
missions, 242. Decree arbitral,
ib. How enforced, ib. How far
reducible, ib. What necessary to
the validity of, 243.

between master and workman,
264.

when creditors bound to accede
to, 424.

in partnership questions, 185.
Arles, 254. See Master and Ser-

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gence.

Arrestment, 466. Nature of, ib.
In whose hands may be used, 467.
Against whom, ib. By whom,
ib. What arrestable, ib. Ali-
mentary provisions, ib. Salaries,
ib. Instances enumerated, ib.
Arrestment in execution and in
security distinguished, 468. Cir-
cumstances in which they may
be used, 469. Late alterations,
ib. Prescription, ib. Recall or
restriction, how granted, 470.
Cautioner, his liability, ib. Mode
of executing the arrestment and
its effects, ib. Forthcoming 471.
Before what court it may be
brought, ib. Arrestment and sale
of a vessel, ib.

competition of, with indorse-
ment of a bill, 326.

in small debt action, 451. See
Small Debts.

sequestration equivalent to, 399.
Articles of lease, 291. See Land-
lord and Tenant.

Articles of roup for lease, ib. See
Landlord and Tenant.

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Auction, sale by, 156. Nature of
the transaction, ib. Auctioneer's
license duty, 157. Conditions and
articles of sale, ib. Effects of
fraud, 158. Puffers, white bon-
nets, and decoy ducks, ib. Whe-
ther exposer may bid, ib.

sale of poinded goods by, 463.
- judicial sale by, 416.

sale of sequestrated estate by,
409.

Author, 67. See Copyright.
Avail of marriage, 52. See Land.
Average, general, and special or
particular, 280. See Shipping.
-petty, 273. See Shipping.
Awarding sequestration, 377. See
Sequestration.

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Banker may be sequestrated, 375.
lien of, over customers' bills,
&c., 349. See Lien.

checks on, 304. See Bills.
Bankers' Act, The Joint Stock, 194,
308.

Bankrupt,-sequestrated, 375. May
join in application for seques--
tration, 378. Liberation and
protection, 393. Surrender, 394.
Examination, 395. Estate accru-
ing to, after sequestration, 397.
Concerned in fraudulent prefer-
ences, 396, 410. Offer of com-
position, 407. Discharge, 396.
Disposal of letters of, 413. See
Sequestration.

Bankruptcy and insolvency, 366.
Comparison with English law,
ib. Insolvency defined, 367.
Bankruptcy defined, ib. Alter-
natives which constitute, ib. Gra-
tuitous and fraudulent Deeds by
Insolvents, 368. Conjunct and
confident persons,-relations, and
business connexions, 369. Provi-
sions to wives and children, ib.
Fraudulent Preferences under
Act 1621, 370. Preferences in
defraud of diligence, 371. Pay-
ments in cash not affected, ib.
Fraudulent Preferences under the
Act 1696, ib. Deeds sixty days
before bankruptcy, ib. Goods
delivered, ib. Payments in cash,
ib. Bill transactions, ib. Com-
pleting a security, 373. Effect of
bankruptcy in equalizing dili-
gence, 360. See Ranking of Cre-
ditors, Sequestration.

-

English system, 374.

by sequestration, 375. See Se-
questration.

effect of, on lease, 286.
of a partner, 182, 185.

extinction of procuration to
sign bills or notes by, 316. See
Bills.

termination of agency or factory
by, 245.

stopping in transitu on, 165.
See Sale.

Banns, proclamation of, 19. See
Husband and Wife.
Bargain, 124. See Contract.
Barratry, 199. See Insurance.
Base infeftment, 169. See Infeft-
ment, Land.

Bastards, 36. See Parent and Child.
299, See Succession.

Behaviour as heir, 476.
Bell, George Joseph, his legal
Works, 11.

Beneficium inventarii, 476.
Bequest, 110.

Moveables.

See Succession to

Bidder, 156. See Auction.
Bill, transactions on, within 60 days
of bankruptcy, 371.

payment of, by sequestrated
bankrupt, 399.

of health, liberation under, 459.
of lading, 272. See Shipping.
delivery by indorsement of, 273.
Right held by, in terms of factors'
act, 248.

Bills of exchange and other negoti-
able instruments, 303. Description
of a bill, ib. Of a note, ib. Parties
to a bill,-Drawer, drawee, payee,
holder or porteur, acceptor, &c., ib.
To note,-granter and payee, ib.
Inland and foreign bills, 304.
Drawing in sets, ib. Checks or
drafts on bankers, ib. Trans-

ference by delivery and indorsa-
tion, 305. Form, ib. Form of
ordinary bill, 306. Of bill on
France, ib. Of promissory note,
ib. Statutory restrictions

on

negotiability, 307. Stamp, 308.
Long and short date, ib. Foreign
bills, ib. If stamp can be affixed
after making? ib. Penalties, ib.
Evasion, 309. Documents speci-
ally ranked as bills by the stamp
laws, ib. Exemptions in case of
bills, 310. Drafts on bankers, ib.
Bank and other notes, ib. Ex-
emptions, 311. Banks which
compound, ib. Sum, ib. How
inserted, ib. Must be money, ib.
Law as to blanks and alterations,
312. Conditions, ib. Instances
of the effects of conditions, 313.
Date, ib. English and Scottish
Law as to, ib. Blank left, 314.
Subscription, ib. Acceptance of
inland bill by, ib. Drawer's
name, 315. Acceptance must be
in writing, ib. Subscription by
notary, ib. Procuration, ib. How
constituted, 316. General com-
mission or factory, ib. Extinction
of the authority, ib. The autho-
rity should appear on the docu-
ment, ib. Presentment, 317. For
acceptance, ib. Effect of neglect,
ib. Time allowed, 318. For pay-
ment, ib. Place and time, ib.

Late statutory regulations, ib.
In case of acceptance for honour,
ib. Payment and days of grace,
319. When payment demand-
able, ib. Nature and number of
days of grace, ib. Noting and
protest, ib. Notary's duty, 320.
Instrument of protest, ib. Re-
gistration, ib. Notice of dishonour,
ib. Time in inland bills, ib. In
foreign bills, 321. Sundays and
holidays interfering, ib. What
will excuse want of notice, ib.
Equivalents, 322. Accommoda-
tion bills, ib. Parties profiting
by notice from others, ib. Ac-
ceptance, &c., for honour, ib. Pro-
test and other procedure, 323.
Qualified acceptance, ib. Lia-

bility of acceptor, 324. Trans-
ference by delivery and indorsa-
tion, ib. Distinction, ib. Blank
and special indorsement, 325.
Limited indorsement, ib. Before
acceptance, ib. Privileges of in-
dorsee for value, ib. Indorse-
ment after term of payment, ib.
Effect of indorsation, 326. Com-
petition with arrestment, ib. Ac-
commodation Bills, 327. Nature
of, ib. Legal effect of, 328. Pre-
sumption of value, how overruled,
ib. Onerous holders of such bills,
329. Payment, and Defences aris-
ing from the Nature of the Trans-
action, ib. Payment of accom-
modation bill, ib. Effects of fraud
in the making of the bill, or in
the means by which it is acquired,
330. Effect of usury, ib. Gam-
bling debt, 331. Forged bill, ib.
Force, ib. Minority, ib. Illegal
consideration, ib. Prescription,
ib. Six years, ib. Time it runs
from, 332. Suspended by mi-
nority, ib. How elided, ib. "Writ
or oath, ib. Interruption, 333.
Lost or stolen Bill, 334. Pay-
ment obtained on giving security,
ib. Action of proving the tenor,
ib. Notice to parties, ib. Action
and Diligence, ib. Qualifications
which entitle holder to summary
diligence, 335. Against what
parties it proceeds, ib. Right of
retention by party to, 351.
Bill-chamber, suspension and in er-
dict in, 427.

Clerks of, to be clerks in se-
questration, 413.

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