« ZurückWeiter »
Executor, debts preferable against, Fear, effect of, 126. See Contract.
356. Payment of other debts, Fee and liferent, 95. See Succession
- Right of, under apportionment Fee, constitution of, 52. See Land.
Feu-duties, superior's security for,
Expenses, law-agent's security for, 360. See Ranking.
– farm hoidings, 53. See Land.
- restriction of agent's claim for, - charter, 54. See Land.
in sequestration, 212,
Fiat in extent, 465.
Expiry of legal, 474. See Adjudi Fire, insurance against, 205. See
Extent, crown's, 465. Applicable - responsibility of innkeepers, car-
only to moveables in Scotland, riers, &c. for loss by, 442. See
ib. Venditioni exponas, ib. Chief _Responsibility.
of first and second degree, ib. Firm, mercantile, 176. See Part-
Affidavit of danger, 466. Extent nership.
in aid, ib. When it may be used, Fish dealer liable to sequestration,
Extract of registered document or Fishings, lease of, 283. See Land-
decree, diligence on, 133, 337, lord and Tenant.
444. See Diligence.
| Fixtures, 294. See Landlord and
FABRICS, copyright in, 76.
Forbes's Journal of the Session, 13.
Facile persons, obligations by, 43, Forbidden degrees, 18. See Hus-
band and Wife.
Factor, 243. See Mandate. Force, obligation extracted by, 125,
- commercial, 246. The factors' 331. See Contract, Bill.
acts, 247. Right of consignees Foreign bills, 308, 321. See Bills of
under, ib. Holder of delivery | Exchange.'
warrant, 248. Right of factor to |
pledge, ib. Supplementary act Forged bill or note, 331. See Bill.
as to substitution of securities, Forthcoming, 471. See Arrestment.
Fraud, effect of, on contract, 125 ;
- del credere, 223, See Del Cre on bill, 330. See Contract, Bill.
Frauds, statute of, English, 146,
- interim, in sequestration, 385.
Fraudulent bankruptcy, 396. See
– prescription of remuneration Sequestration.
– preferences to creditors. See
- lease by, 285, 286.
- judicial, 414. See Judicial Sale. Freedom, engagements inconsistent
- loco tutoris, 39.
Factory to sign' bills or notes, 316. Freight, 273. See Shipping.
- lien for, 348. See Lien.
Factum Præstandum, agreement - ship on general, 271. See Ship-
Faculty Decisions, the, 13.
Fugæ,-meditatio, warrant, 461. See
Faculty to burden, 343. See Bur Meditatio Fuga.
Fulfilment of obligations, enforce-
Failure. See Bankruptcy, Seques ment of, 426..
Fuller liable to sequestration, 375.
Fare of a passenger, lien for, 348. Fund of division in sequestration,
Farm. See Landlord and Tenant, 403. See Sequestration.
Hypothec, Sequestration. Funeral expenses a privileged debt,
- servants, 253. See Master and 356.
Furnishings, triennial prescription
-- wages a privileged debt, 357. of accounts for, 447.
Fatuous persons. See Insane. Furniture, landlord's hypothec over,
Feal and Divot, 63. See Servitude. ' 353.
bility, ib. Privileges of Minors, 42.
GAMBLING contract, 129. See Con Protection in granting deeds, ib.
Minority and lesion, ib. Excep-
- debt, bill for, 331.
tions, 43. Heirs and creditors of
Gazette-what notices of sequestra minor, ib. Prescription in favour
tion require to be in Edinburgh of guardians, ib. 449. Guardians
and London, 380. Fees of adver to Idiots and Madmen, 43. Cog-
tisements in, 413.
noscing by a jury, ib. Effect of
General and general special charge verdict, ib. Imbecile persons, 44.
to enter heir, 475.
Interdiction. ib. How far ward
– freight, 271. See Shipping. may be a partner, 177 ; becoming
- lien, 349. See Lien.
- service, 100. See Succession. Guardianship, parents', 34. See
Gestio pro hærede, liability of heir Parent and Child.
Glanvil- his de Legibus et con-
suetudinibus Angliæ, 9.
HACKNEY coachmen, if responsible
Glass-copyright of patterns of ma- for goods, 441.
nutaeture in, 76.
Hasp and staple, investment by, 58,
Goods, payment of wages in, abo- Hat-money, 273. See Shipping.
Heirs to heritable property, 90. See
Grace, days of, in bills and notes, _Succession to Heritable Property.
319. See Bill.
Heirs portioners, 90.
Grain-dealer liable to sequestra - of conquest, 91.
- “ of line,"'at law,” “ gen-
Grana crescentia, thirlage of, 283. eral," " male," "female," " whom-
soever or whatsoever ;” meaning
Granter of deed ; his name and sub-
of these terms, 95. See Suc-
cession to Heritable Property.
Grass farms. See Landlord and - at law, title to reduce deed on
- mail, lien for, 348.
- entry of, by service, 100. Clare
Grassum, 287. On lease of entailed constat and trust bond, 102. In
burgage property, 103.
Gratuitous deeds by insolvents, 369. - competition between, and trus-
tee on sequestrated estate, 400.
Ground, poinding of the, 464. - proceedings against, for ances-
Gaarantie, how far a privileged tors' debts, 475. See Deceased
Guaranties and letters of credit, - their liability for ancestors'
219. Difficulty in ascertaining debts, and relief among each
how far they bind, ib. Written other, 365.
and verbal, ib. Illustrations, 219, - apparent, judicial sale by, 414.
2:20. Statute of frauds in Eng --yearand day to deliberate, 366,
land, 220. Effect of recommend. 475.
ation in Scotland, 221. General -- three years in possession,
rules, ib. 222. Limitations of Gua- liability of, 366.
ranties, 222. See Cautionary, Heirship moveables, 104. See Suc-
Guardian and ward, 38. Tutors, ib. Heritable bond, 339. See Bond.
Pupillarity, ib. 'Tutor testament - creditor. See Adjudication,
ary, ib. At law, ib. Dative, ib. Bond, Inhibition, Judicial Sale,
Caution and inventory, 39. C'u Sequestration.
rators, ib. Nomination, ib. Au - and moveable, distinction be-
thority, ib. Natural child, 40. ! tween, 45, see Succession, Bonds.
Caution and inventory,ib. Powers | -- debts, 365. See Ranking.
and Responsibilities of Guardians, – property, disposal of, in seques-
ib. Quorum, ib. Administration tration, 401.
of property, ib. 41. Heritage, 41. Hiring, 251, 268. See Letting and
Educating minor, ib. Responsi- ; Hiring.
Holograph writings, 139. See Succession. Terce, 31. What
property is liable to, ib. Brieve,
-- vicennial, prescription of, 32. Courtesy, husband's, ib. Its
extent, ib. “Questions of suc-
Holyroodhouse, sanctuary of, 460. cession by deed of provision, 95.
Homicide, assythement for, 429. See Succession to Heritage, En-
Homologation of deed on deathbed, tail. Distribution of common
99. See Succession to Heritable property on death, 105. How
of wife's property granted,
- completion of imperfect deed 285. See Succession to Move-
by, 127. See Contract.
-- of lease, 287.
Husband and wife, moveable bonds
Honour, acceptance of bill for, 322. heritable in questions between,
Horning, letters and charge of, 455. Husband's provision to wife as af-
Houses, letting of, 284. See Land fected by insolvency, 369. See
lord and Tenant.
- hypothec over furniture of, for Hypothec, 351. Nature and limi-
tations on operation, ib. Tacit,
Husband and wife, 15. Constitu 352. Law-agent's, ib. Freight-
tion of Marriage, ib. Requisites, ers of goods, ib. On ship for re-
ib. Promise subsequente copula, pairs, ib.
16. Evidence, ib. I'nference from - landlord's, 352. Extent in agri-
cohabitation, 17. Who may marry, cultural lease, ib. Over produce
18. Idiots and pupils, ib. Pro- | and stock, ib. In grass farms, ib.
pinquity and relationship, ib. Urban tenements,-houses, shops,
Person divorced, 19. Solemn and &c., 353. Manufactories, ib.
Clandestine, ib. Banns, ib. Ro Sublease, 354.
man-catholics, Episcopalians, and
Dissenters, ib. Contracts of
Marriage, 20, and question as to Idiots, 43. See Guardian and Ward;
their effect against creditors, 22. Contract; Partnership; Landlord
Difference between post-nuptial ! and Tenant.
and ante-nuptial, ib. Manage- Illegal consideration, contract for,
ment of Common Property, 23. 128. Bill for, 331.
Common fund, ib. Husband's - act, injury done in the course
administration, ib. Jus Mariti, of, 438.
ib. Exceptions, ib. Parapher- Illegitimate children, 36. See Parent
nalia, ib. Husband's liabilities and Child; Guardian and Ward ;
and obligations, ib. Wife's right Succession.
of domestic management, or pre- Immoral contract, 128.
positura, 24 ; extension of, ib.' In- Imprisonment, enforcement of obli-
hibition, ib. Wife's heritable pro- gations by, 427.
perty, ib. Husband's curatory, 25. ' - wrongous, damages for, 435.
Deeds and Donations by Married | - for small debts abolished, 458.
Persons, 26. Onerous and gratui - for civil debt, 458. Responsi-
tous, 27. Deed by wife,-Ratifica bility for safe custody, 459. Late
tion, ib. Separation, ib. AC alteration in the law, 'ib. Bill of
tion of adherence, ib. Judicial health, ib. Aliment and act of
separation, ib. Separation a grace, ib.
mensa et toro, 28. Aliment, ib. - on act of warding, 457.
Voluntary separation, ib. Dis- | - exemptions from, 460.
solution by Divorce, ib. Adultery, - on meditatio fugæ warrant,
29. Wilful desertion, ib. Action 461.
of divorce, ib. Remission, ib. Improvements on farms, 295. See
Lenocinium, ib. Questions be- Landlord and Tenant.
tween laws of England and Scot- Indefinite precept of sasine, 54,
land, ib. Effects of divorce, ib. 169. See Infeftment.
Dissolution by Death, 30. Within | Indenture, apprentice's, 259. See
year and day, its effects, ib. Seel Apprentice.
India warrant, right to, in terms of Insurance, marine, ib. Nature and
the factors' act, 248.
Requisites, 196. Underwriter, ib.
Indorsement of bill or note, 324. Broker, ib. How accounts kept,
Different kinds of indorsement, 197. Nature of insurable in-
ib. Privileges of indorsee for terest, ib. Policy and Slip, ib.
value, 325. Effect of indorse Nature of the slip, ib. Stamp,
ment, 326. See Bill.
198. What alterations may be
- of bill of lading, 167. See Ship made, ib. The contents of the
policy, ib. Risks or perils, 199.
- of dock warrant, 161.
Usual' memorandum, ib. Valued
- on certificate of registry, 175. and open policy, ib. Loss, total
and partial, 200. Premium, ib.
- of small debt decrees, 452. See How it stands in account' be-
tween parties, ib. Return pre-
Induciæ of diligence, 454. See mium, ib. Obligations on the
Assured, 201. Warranties, ib.
Infeftment, 55. History of, ib. Seaworthiness, ib. Deviation,
Description of the late form, 56. 202. Misrepresentation, ib. Loss,
Symbols for various kinds of pro Abandonment, and Adjustment,
perty, ib. The modern statutory ib. Partial and total, 203. Two
form, 57. Registration, ib. methods of adjusting, 204. Evi.
Practice in burgage property, 58.
Insurance against fire, 205. Nature
- how far necessary for granting of the contract, ib. Insurable
a lease, 285.
interest, ib. Policy, 205. Mis-
Infringement of copyright, 429 ; of representation, ib. Warranty, ib.
Loss, ib. Conditions necessary
Inhibition against wife, 24.
for recovery on the policy, ib.
- against heritable proprietor, 207.
472. Execution, ib. What it - life, 208. Various kinds, ib.
. may proceed on, ib. Effect, ib. Insurable interest, ib. Best means
- sequestration has effect of, 380. of making the policy a security
for debt, 209. Exceptions from
- ranking of, with adjudications, risk, ib. Warranties or stipula-
tions by assured, ib. General
Initials, subscription by, 134. See health, 210. Particular diseases,
ib. Concealment, ib.
Inland Bills, 304, 320. See Bills of - clause of, in lease, 291.
Interdict, the different wrongs for
Injuries, the various kinds of, and which it is a remedy, 427.
redress for, 430, et seq.
- procedure in, 428.
- to reputation, 432.
Interdiction of facile persons, 44,
Innes, Mr, his preface to the 125.
statutes, 1, et seq.
Interest insurable, 197, 208. See
Innkeeper, lien of, 348.
Inquest in service of heir, 101. I - on claims in sequestrations,
Insolvency, 367. Gratuitous and 383, 403.
fraudulent deeds by insolvents, - of money. See Usury.
368. See Bankruptcy.
Interim-factor, 385, 388. See Se-
- of a partner, 185.
Insolvent debtors' act, 417. International copyright, 70. See
Institorial power. See Mandate. Copyright.
Institute in entail, 117. See En- Interruption of prescription, 446.
By claim in sequestration,
Instrument of sasine, 57. See In-
- of prescription on bill, 333.
- of resignation, 169. See Land. Intromission, vicious, with property
Insucken multures, 283. See Mills. of a deceased person, 116.
Insurance, nature of the contract, Luvecta et illata, thirlage of, 283.
Invention, obtaining patent for, 79. Jury in a service, 101.
Jus Mariti, 23. See Husband and
Inventory,- executor's, duty on, I Wife.
113. Giving in, 114. See Sue- Jus Relictæ, 31, 105. See Succes-
sion to Moveables.
- tutors', 38. Curators’, 40. See Justices of Peace,-proceedings be-
Guardian and Ward
fore, under small debt act, 453.
- entering as heir with benefit of, Justification of libel, 431.
Investment of trustees, 233.
- of heir, 100.
KENNING to the terce, 32.
Irritancy in lease, legal and con- | Kindly tenants, 292.
Kirk and market, going to, 98. See
Irritant clause, 116. See Entail. I Succession.
Ish of a lease, 297. See Landlord and Knaveship, 283. See Mill.
JActus or throwing overboard, 280. LABOUR and Service, 251. Pro-
perty and risk while work in the
Jedge and warrant, a burgage se hands of workmen, ib. Questions
as to remuneration when work
Joint adventure, 186. Distinguish destroyed, ib. Printer, ib. Work-
ed from ordinary partnership, ib. man’s Responsibility, 252. Skilled
Responsibility under, 187.
labour, ib. Medical and legal
- lease, 287. See Landlord and practitioners, ib. Lien on pro-
duce of labour for price, 348. See
Joint stock banks, 194. Steps ne Employer and Employed, Master
cessary for obtaining the statu- and Servant.
tory privileges, ib. Restrictive Lading, bill of, 272. See Bill of
provisions applied to, ib. 195. Lading, Shipping. .
Joint stock company, 187. Distin- Land, constitution of rights in, 51.
guished from ordinary partnership, General explanations as to feudal
188. Privileges when not incorpo system, ib. 52. Property dis-
rated, ib. Responsibility of mem tinguished from superiority, ib.
bers,-how far may be limited, Abolition of mid superiorities in
189. What makes one a member, England, ib. Constitution of a
ib. Shares, ib. Deed of settlement, Fee, ib. liow became hereditary,
190. Statute, ib. Directors and ib. Taxed ward, ib. Avail of
their responsibility, 191. Trans marriage, 53. Feu-farm and
fers, ib. 192. Consolidation acts, blenchoholdings, ib. Casualties,
192, 193. Companies under the ib. Non-entry, Declarator, Re-
patent act, 193, 194. See Patent tour duties, Relief, ib. 54. Feu-
charter 54. Clauses, — Narra-
Jointure. See Husband and Wife. tive, Granting, Dispositive, Ten-
Judicial sale, 413. By creditor, 414. endas, Reddendo, Warrandice,
By heir apparent, ib. Sequestra Assignation to Titles, Registra-
tion, ib. Factor, ib. His duties, tion, Precept of Sasine, ib. In-
415. Common-agent, ib. Com feftment and Registration, 55.
mittee of creditors, ib. Sale, 416. Historical origin, "ib. Old cere-
Decree of ranking, ib.
mony described, ib. 56. Symbols
-- under sequestration, 402. See of infeftment for the various kinds
of property, 56. Instrument of
Judicial enforcement of obligations, sasine, ib. The new method of
infeftment, 57. Registering, ib.
Judges, authority of the opinions of Account of the registers, ib. 58.
Burgage property, 58.
Jurisdiction. See Appeal, Session, - transmission of rights in, 168.
Conveyance where Seller's Title is
Jury in kenning widow to her terce, complete, ib. Account of the
disposition to a purchaser, ib.