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lief, ib. Division, and claims of Sheriff's judgment, ib. Process
cautioners as against each other, commenced in Court of Session,
ib. Discharge of Surety, 215. Pay ib. Appeal, 420. Grounds for
ment of debt, ib. Giving time, refusing or postponing Cessio, ib.
negligence, &c., 216. Prescrip: Effect of fraud or concealment,
tion, 217. Seven years, ib. What ib. Extravagance and careless-
obligations do and do not pre ness, 42). Instances, ib. Decree
and its Effects, ib. Wearing ap-
Cautionary obligation by guaranty, parel and tools of workmen, ib.
219. See Guaranties and Letters Salaries, proportion of, given up,
422. Effect of decree in favour
- del credere, 223. See Del Cre-|| of the debtor, ib.
Challenge of deed granted by bank-
-- for a cash-credit, 224. Nature rupt or insolvent, 368. See Bank-
of the engagement, ib. Illustra- ruptcy.
tions of interpretation, 225. Ob. Character, injury to, 432.
ligations on the bank, 226. Charge to enter heir, 475. See
- for faithful performance of office, Deceased Debtor.
226. When terminable at plea- Charter, feu, 54. See Land.
sure, ib. Vigilance on part of - royal, monopoly cannot be
employer, 227. How far heirs of granted by, 79.
cautioner liable, ib.
Charter party, 271. See Shipping.
- for a messenger-at-arms, 227. Checks on bankers, 310. See Bills
-- for a notary-public, 228.
- for an apprentice, 259.
Children, succession of, to landed
– judicial, or bail, 228. Nature, property, 90. Intestate, ib.
ib. Criminal, ib. Judicio Sisti Questions in deeds of provision,
to abide judgment, ib. In medita 93. Delivery of deeds of provision
tio fuga warrants, ib. In suspen to, necessary, 145. See Succession.
sions and advocations, 229. Mari - succession of, to moveables, 92.
time causes, ib. Bond of presen See Succession.
tation, ib. Loosing arrestment, - legitimate, 32. Illegitimate,
36. See Parent and Child, Suc-
- by tutor, 39. Curator, 40. See cession, Guardian and Ward.
Guardian and Ward.
– provisions to, as affected by
-- ranking of claims arising from, insolvency, 370. See Bankruptcy.
362. See Ranking.
Churches, facilities for, on entailed
- in an arrestment, 470. Seel lands, 122.
Circuit Courts, Small-debt, 452.
- lien of, 350. See Lien.
See Small Debts.
– for appearance of debtor in Civil Law, influence of, in Scot-
- questions as to, in voting and Claims to vote and rank in seques-
ranking in sequestrations, 384. tration, 381. Rejection of, 403.
| Clandestine marriage, 19.
Caveat against a patent, 80. See Clare constat, investment of heir
Certificate of registry, 174. See Clause of registration, 338, 426, 454.
Clergymen, defamation by, 432.
Cessio bonorum, 416. Introductory, Clerk, commercial, 243. See Man-
-comparison with English insol) daté.
vent debtors' act, 417. Practice | - sheriff, duties of, in sequestra-
in Sheriff Courts, ib. When may tion, 388. See Sequestration.
be applied for, ib. How, ib. In-Coach contractor may be seques-
timation, examination, &c., 418. trated, 375.
Effect of examining on oath, ib. Coaches, liabilities of proprietors
Liberation and personal protec-1 of, 430, 440.
tion, ib. Cautioner, 419. Re-Coaldealer may be sequestrated, 375.
claiming, ib. Court of Session and Cognition and sasine, entry of heir
House of Lords, ib. Review of l by, 103.
Cognoscing an idiot or madman, 43. Concurrence, warrant of, from
Collation by heir, 92. See Succes- Sheriff, 457. See Diligence.
- in sequestration, 377.
Collusive preferences by insolvents Confirmation, completing title by,
and bankrupts, 368. See Bank- history and account of, 171. See
rupt. In Sequestrations, 410. See Land.
1 - of executor, 114.
Commentators, authority of the, 12. Conjunct and confident persons,
Commercial factor, 246.
deeds by insolvent in favour of,
- traveller, ib.
368. See Bankruptcy.
- writings, privileged, 140. Conquest, heir of, 90. See Succes-
Commission to sign bills or notes, sion.
316. See Bill.
Consanguinity, in relation to suc-
- to grant leases, 286.
cession, 90. See Succession.
Commissioner, 243. See Mandate. Consent, 124. See Contract.
Commissioners in sequestration,389. Consignee of bill of lading, 272.
- See Sequestration
Committee of creditors in judicial Consignment, 246. See Mandate.
sale, 415. See Judicial Sale. 1 - of goods under the factors' act,
Common-agent, 415. See Agent. i 247.
Common Law of England, 7. Consolidation of property and su-
Communion of goods. See Husband periority, 169. See Land.
Constitution, - decree of, against
Company, commercial, 176. See deceased's estate, 476.
Contingent creditor in sequestra-
- joint-stock, 187. See Joint- tion, 384. See Sequestration.
Contraband, contracts relating to,
- patent, 193. See Patent.
- sequestration against, 380. See Contract, qualities necessary to
render, binding, 124. Written,
- ranking on estate of, 364. 133. See Written Reed. Consent
- debt, claim on partner's estate of parties, 124. Mistakes, ib.
for, in sequestration, 404. See Madmen, idiots, pupils and per-
sons interdicted, 125. See Guar-
Companies' clauses consolidation dian and Ward. Effect of fraud,
ib. Of force or fear, 126. Homo-
Companies, ranking between, 364. logation; what it consists of;
when excluded, 127. Rei inter-
Compensation, 362. See Ranking. ventus, 128. Ilegal and Immoral
Between Company and Partners, Contracts, ib. Price of prostitu-
tion, ib. "Gambling, ib. Liquor
Competition for trusteeship in se act, ib. Marriage brokerage, ib.
questration, 387. See Sequestra Contracts infringing on personal
freedom, ib. On the course of
- of Diligence. See Ranking of justice, 130. Lawyers' purchas-
ing pleas, ib. Pactions by candi-
Completing titles by heir, 101. By dates for offices, ib. Contracts
purchaser, 169. By trustee in se injurious to the Revenue and the
National Policy, 131. Smuggled
Composition on entry with supe goods, ib. War policy, 132. Usu-
rior, 170. See Land.
rious Contracts, ib. Late altera-
- contract, private, 424. Best tion in the law, ib. What is
means of accomplishing, ib. Con usury, ib. Discounting, ib. See
Bills of Exchange. Usury laws
- under sequestration, 408. See abolished as to certain loans, ib.
Contract, composition, 423. See
Comprising or apprising, 473. Composition-contract.
Compulsion, deed granted under, - of marriage, 20, 95, 369. See
126. See Contract.
Husband and Wife, Succession,
Concealment. See lugurance, Sale. Bankruptcy.
Contributin e Drenage, . Sise Ceuitar, catánic, H. See Rank
Conteynee o limas, LR See - n enestrams, tirer qali-
Canost, sailing with., 212, see In authority as a budy, 281. See
Ca-shligante, mestíses as ts tanke - Gists for behoof , 53. See
ing in the case of R2 Sec Trsta.
Ranking, la semestrations, the Crew of a resel, regrations as to,
See seneste tion.
by merchantsamen's act, 279.
Caracterhin, 158. Sex Partner- Criticism ist eixidered actionable,
Copyright, Literary, 57. The en- Cmp, hypothee eter, 52.
Solidation act, ib. Constitution of Cree bilis, 33. See Ranking
sopyright in bonis, ib. The period Crnes obligations, racing o£ *.
extended, the Power of antior's Crown's extent, sá See Extent.
representatives, 62. Copyright in Calaration of farm. See Landeri
periodicak, ib.' University copy and Tenant.
righte, 69. Lectures, ib. Drz- Curators of minors, 39. To idiots
matie and musical work, ib. and madinen, 4 See Guantian
Engraving, 70. Senlpture, ib. and Ward.
International copyright, 71. En- Carstory, parents", 24. See Parent
try in stationer hall,' ib. Be and Child.
piatry and transfer of copyright,
ib. Copies for the privileged
libraries, ib. 1o be held move-
able property, ib. How literary DAXAGE for which carriers, ing.
property created, 72 Notes, keepers, &e. responsible, 440.
llustrations, abridgments, trans: See Responsibility. For which
lations, &c., 72-74. Copyright in shipowners responsible, 277. See
title, 73. Copyright by foreigners, Shipping. In matters of insu-
74,75. Remedies for infringement rance. See Insurance.
by plagiarism, &c., 438, 439. Damages, actions of, 430, et seq.
- Interdict, for breach of, 429. Danger, affidavit of, 466. See Ex-
- in designis, manufactures, &e., tent.
75. Different kinds classified, 76. Date, what written deed proves its
Registration, 77. Nature of the own, 139.
property and means of transfer. Daughters, succession of, to heri.
tage, só. To moveables, 104.
Corn, thirlage of, to mill, 283. Custody and tuition of legitimate,
Corporation, company having char- 35. Of illegitimate, 36. See
ter of, 16. Whether preserves | Parent and Child.
members from individual respon- Days of grace in bills and notes,
sibility, 188. See Partnership. 319. See Bill.
-- statements in privileged, 432. Dead's part, 105. See Succession to
Corporeal property, various kinds Moveables.
Dead freight, 274. See Shipping.
Courta, statements in privileged, Dean of Guild, Jedge and warrant
Courtesy, widower's, 32. See Hus- Death, assythement for, 429.
band and Wife.
- dissolution of marriage by,
Craig, his jus feudale, 10.
30, 105. Of partnership by, 184.
Credit, letter of, 219.' See Guaran- See Partnership. Extinction of
mandate by, 245. See Mandate.
Credits, cash, 224, see Cautionary; - ranking of creditors after, 365.
Deathbed, deeds granted on, pri-
Creditors, fraudulent preferences to, vilege of reducing, 97..
370. See Bankruptcy.
Debts, small. See Small Debts.
- ranking of, 356. See Rank- – ranking of, 356. See Ranking.
1 - preferable, ib. See Ranking.
Debtor, sequestration of estate of, binding, 144. See Written
375. See Sequestration.
- deceased, proceedings against Demurrage, 276. See Shipping.
estate of, '475. See Deceased Denunciation under old form of
- and creditor, law of. See Deserter, apprentice who has en-
Adjudication, Arrestment, Bank-/ listed tried as, 260.
ruptcy, Cessio, Composition, Dili- Desertion of mariner, 262. See
gence, Inhibition, Insolvency, Shipping.
Judicial sale, Poinding, Prescrip-, Destination, deed of, 93.
tion, Ranking of Creditors, Sanc- Deviation in marine insurance, 202.
tuary, Sequestration, Trust.
Deceased debtor, proceedings Dies, copyright in, 76. See Copy-
against estate of, 475. How heirs right.
render themselves liable by en- Diligence, 454. On clause of regis-
tering, ib. Charge to enter,- tration, ib. On bills and notes,
General, Special," and General ib Induciæ, ib. Late alteration
special charge, ib. Decree of con- in the law, 455. Old Form, ib.
stitution, 476. 'Inventory, ib. Re-i Letters of horning, ib. Execution
sponsibility under gestio pro and denunciation, ib. Warrant
hærede and preceptie kæreditatis, to imprison, 456. New Form, ib.
In superior courts, ib. Sheriff
-- creditors of, doing diligence courts, ib. Person acquiring right
within year and 'day, 366.
to extract, 457. Warrant of con-
- - sequestration against, 376. currence by sheriff, ib. Warrant
to apprehend and imprison, ib.
- - debts preferable against How obtained in superior and
property of, 356. Ranking of sheriff courts, ib. Act of ward-
creditors of, against his represen- | ing, ib. Manner in which officer
must proceed, 458. Abolition of
Docennial prescriptions of account imprisonment for small debts, ib.
ings with tutors and curators, 43, See Adjudication, Arrestment,
Extent, Imprisonment, Inhibi-
Decisions, reports of, 13.
tion, Póinding, Sequestration.
- of the courts, authority of, ib. - on bill or note, 334. See Bill.
Declarator of non-entry, 53. See - preference in defraud of, 370.
See Bankruptcy. .
- of expiry of legal, 474. See - Ranking of, as affected by bank-
ruptcy, 360, by sequestration, 399.
Decoy-ducks, 158. See Auction. - within year and day after
Decree, enforcement of, 455. See debtor's decease, 475.
Director of joint-stock company,
- arbitral, 242. See Arbitration. 191.
Deed of settlement, 190. See Joint Discharge of bankrupt in sequestra-
tion, 396, 408. of trustee in se-
Deeds, written, 133. See Written questration, 393. See Sequestra-
Defamation, 430. See Reputation, Discharge of surety, 215. See Cau-
Defunct, distribution of estate of. Disclaimer of part of a patent in-
See Deceased Debtor, Succession. vention, 82. "See Patent.
Del credere commission, 223. Na- Discounting bills, 132.
ture of the obligation, ib. Held Discussion of principal debtor, 213.
in England to be a guaranty, 224. See Cautionary
See Cautionary, Guarantee. Dishonour of a bill or note, notioe
Deliberandi annus of apparent heir, of, 320. See Bill.
Dismissal of servant, when justified,
Delivery of goods purchased, 159. 257.
See Sale of Moveables, &c. Disposition, or deed of provision,
-- when necessary to render deed 93. See Succession.
Disposition, in security, 339. See Election of interim-factor in seques-
tration, 385. Of trustee, ib. Of
- to a purchaser, 168. See Land. commissioners, 389. See Seques-
- omnium bonorum under act of tration.
grace, 459. Under cessio, 421. Embezzlement, Responsibility of
Dispositive clause in charter, 54. innkeepers, shipowners, and car-
Dissolution of marriage, 28, 105._riers for, 217, 440...
Of partnership, 183.
Embossments, copyright in, 76.
Dividends on sequestrated estate, Employer and employed, remedies
403. First, 406. Second, ib. Other for disputes between, 264.
dividends, 407. Postponement, ib. Encyclopædias, copyright in, 68.
Unclaimed dividends, 409. See Enemy, alien, contract with, 132.
Engagement, qualities necessary to
Divorce, 28. See Husband and Wife. render, binding,124. See Contract.
Dock warrant, delivery by indorsa- English law, historical notices of,
tion of, 161. Right to, in terms 5, et seq.' Sale, 160. Stopping
of factors' act, 248.
in transitu, 164. Abolition of mid
Domestic servants, 253. See Master superiorities, 52. Joint Stock
Companies, 183. Bills, 304, 314.
Domicile, effect of, in succession to Guarantees, 220. Fixtures, 294.
Patents, 79. Lien, 350. Impri-
Dominant tenement, 60-63. See sonment, 461. Insolvent debtors,
367. Bankrupty, 366.
Donationes propter nuptias, 29. Engravings, copyright in, 70. See
Donations between husband and Copyright.
Enlistment of servant, 255; of
Donatory, crown's, 92.
Dormant partner, 181. See Part- Entail, 116. General Nature, ib.
Irritant and resolutive clauses,
- - must discover himself in 117. Record, sasine, &c. ib. In-
sequestration, 396. See Seques stitute, ib. Questions with cre-
ditors, ib. Legal Interpretation
Double securities, ranking of, 361. of Restrictions, 118. Prohibition
to alienate, ib. Against_leases,
Drafts on bankers, 304, 310. See ib. To contract debt, 119. To alter
Bills of Exchange.
order of succession, ib. Statutory
Drainage, government advances for, Limitations on entails,120. Leases,
ib. Excambions, 121. Entailer's
Dramatic works, copyright in, 69. debts, ib. Improvements, ib.
Provisions to wives and children,
Drawer and Drawee, 303. See ib. 122. Churches and schools,
122. Public works, 123.
Drunkenness, fraud in taking ad- Entry of heir, 101. See Succession.
vantage of, 126.
1 — with superior, 53, 169. See
Dry multures, 283. See Mills.
Durie's Decisions, 13.
Erskine, John, his legal works, 11.
Duties, retour, 53. See Land. Examination of bankrupt, his fa-
Dyer, lien of, 350. See Lien. mily, &c., in sequestration, 395.
Dývour, or bankrupt, 367, et seg. l_See Sequestration.
Excambion of entailed estate, 121.
Exchange, bill of, 303. See Bill of
EARNEST, 254. See Master and Execution against property and
person. See Diligence.
Eavesdrop, 61. See Servitude. - in revenue cases. See Customs,
Edict, nautæ caupones, responsi- Excise, Exchequer.
bility under, 277, 440. See Re - of obligations, 426.
Executor, nomination of, 109. Con-
Election of common-agent in judi- firmation, 114. Duties, 115. See
cial sale, 415. See Judicial Sale. Succession.