Abbildungen der Seite
PDF
EPUB

Ship, British, constitution and dis-
posal of property in, 64. See
Vessels.

arrestment and process of sale
of, 471.

hypothec on, for repairs, 352.
insurance on, 196. See Insur-

ance.

lien on, for repairs, 347. See
Lien. See Sale of Moveables.
Must be British subject to secure
privileges, 65. See Shipping,
Vessels.

Shipowners', responsibility of, for
contracts as to ship, 470. For
safety of goods, 277. See Ship-
ping.

lien of, for freight, 348.

regulations as to, by registry
act, 65. See Vessels.
Shipmaster, delivery through, 161.
Shipping, 269. The Master, 278.
How appointed, ib. Power to
contract, 279. Bond, ib. Ob-
servance of the merchant sea-

men's act, ih. Mariners, 261.
Method of hiring, ib. Method
of compelling to perform their
contract, 262. Wages and me-
thod of enforcing payment of
them, ib. Where no freight
earned, 263. Responsibility of
Owners for Contracts as to Ship,
270. How purchasers and mort-
gagees responsible, ib. Employ-
ment of Ship in Conveying Goods,
271. Charter-party, ib. Ship on
general freight, ib. Bill of Lad-
ing, 272. Nature of, ib. Who
may hold, ib. Effect of endorse-
ment, 273. Freight and other
Charges, ib. Primage, hat-money,
and petty average, ib. Freight
by time and by bulk, ib. Dead
freight, ib. Who responsible for
freight, ib. When it begins to
run, 275.
How far due when
voyage not safely completed, ib.
Lay Days and Demurrage, 276.
Working or running days, ib.
How demurrage compensated, ib.
Responsibility of Owners for
Safety of Goods, 277. Edict nautæ
caupones, ib. Exceptions from
responsibility, ib. Obligation as
to sea-worthiness, ib. Convoy,
278. Termination of voyage, ib.
Average, 280. Special or parti-
cular, ib. General, ib. Property
sacrificed for general welfare, ib.

[ocr errors]

Manner and circumstances, ib.
281. What contributes, ib. Ad-
justment, ib. Salvage, ib. How
gained, 182. Passengers, ib. Joint
salvors, ib. Ship of war, ib.
Owners, ib. Jurisdiction, ib.
Shops, letting of, 284. See Land-
land and Tenant, Hypothec, Se-
questration.

To a

Short date, bill at, 308.
Signature to a deed, 135.
bill, 314.
Bill.
Singular successor, what leases good
against, 288.

See Written Deed,

Skilled labour, responsibility of
person who undertakes, 252.
Slander, 430. See Reputation,
injuries to.

Sleeping-partner, 178. Must come
forward in sequestration, 396.
Slip in marine insurance, 197. See
Insurance.

Small-debt actions, general nature
of the law of, 450.

-

- Sheriff-court, 457. What actions
may be brought, ib. Multiple-
poinding, ib. Forms and practice,
452. Circuit-courts, ib. Seques-
tration for rent, 465.

Justice of Peace Court, 453.
Points in which different from
Sheriff-courts, ib.

Small debts, imprisonment for, abo-
lished, 458.

contracts inferring, 131. See
Contract.

Soccage holdings, 53.
Society or company, 176. See Part-
nership.

Solemnities of deeds, 133.
Special charge to enter heir, 475.
service, 101.

Specification for patent, 86. See
Patent.

Stablers, lien of, 348. See Lien.

responsibility of, to the public,
440. See Responsibility.
Staff and baton, symbols in resigna-
tion, 169.

Stamp, what deeds must have, 142.
Exemptions, 141. Effect of want
of, 142. Policies, bills, notes, re-
ceipts, apprentice indentures, 143.
Wrong stamp, ib. Colonial and
foreign deeds, 144.

-

of bills and notes, 308. See
Bills.

of policies of insurance, 198.
See Insurance.

[blocks in formation]

Arbitration.
Subscription of a deed, 134. See
Written Deed.

of a Bill, 314. See Bill.
Substitutions in deeds of provision,
90, 95, see Succession to Heritage;
Entails, 104, see Succession to
Moveables.

Succession, 90. Persons who can
succeed, ib. Distinction between
Heritage and Moveables, ib. 45.
Heirship moveables, 92. Securi-
ties and other incorporeal rights,
47. How affected by owner's in-
tention, 46. Machinery, ib.

to heritable property, 90. Legal
Succession, ib. Male descendants,
ib. Females, ib. Heirs portioners,
ib. Collaterals, ib. Heirs to con-
quest, 91. Collaterals and collat-
eral ascendants, ib. 92. Ascend-
ants, 92. Last heirs, ib. Bastard
with no legitimate children, ib.
Heirship moveables, ib. Collation
when heir to heritage partakes in
moveables, ib. Deed of Provision,
93. Form and nature, ib. Ex-
planation of technicalities, 94.
Substitutions, 95. Marriage-con-
tracts, &c., ib. Questions as to
fee and liferent, ib. Modification
in questions between husband and
wife, 96. Children, ib. (See En-
tail.) Deeds on Death-bed, 97.
Privilege of reducing, ib. Limita-
tions, 60 days, Kirk and market,
ib. Illustrations, 98. Who may
challenge, ib. Homologation, 99.
What deeds may be reduced, ib.
How heir barred from objecting,
100. Investment by Service, ib.
By whom required, ib. Special,
ib. General, 102. Clare Constat,
ib. Trust-bond, 103. Investment
in Burgage Tenements, ib. Forms,

103. Hasp and staple, ib. Heir's
liability for ancestor's debts, 476.
See Deceased Debtor.
Succession to moveable property,
104. Order of Succession, ib. Col-
lation, 92. Effects of the deceased's
domicile, 104. Distribution, 105.
Various positions in which suc-
cession to a married person may
be placed, ib. Jus relicta, legitim,
dead's part, ib. 107. Effect of a
party renouncing, ib. Wills or
Testaments, ib. Form and nature,
ib. What will render invalid,
108. Formalities of executing, ib.
Where testator cannot write, ib.
Holograph will, ib. Last will,
109. Nomination of executor, ib.
Legacies and Bequests, 110. Úni-
versal, ib. General, ib. Special,
ib. Conditions and Substitutions,
111. Vesting of conditional leg-
acy, meaning given to expres-
sions in substitutions, ib. 112.
Taxes on Succession, 113. Inven-
tory duty, ib. Legacy duty, ib.
Confirmation of Executor, 114.
Nominate, ib. Order of choice
where no nomination, ib. Vest-
ing of property, ib. Duties of
Executor, 115. Preferable debts,
ib. Ordinary debts, ib. Period
within which creditors to claim,
ib. Creditors of executor, 116.
Vicious intromission, ib.
Succession by deed of entail, 116.
See Entail.

Sucken, 283. See Mills.
Summary, diligence on bill or note,
334, 455. See Bill.

-

454.

on Clause of registration,
Superior, feudal, 51. See Land.
Casualties of, 53. Charter from,
54. Entry with, by resignation
and confirmation, 55.

security of, for his feu-duties,
360. See Ranking.
Superiority, 51. See Lands, Su-
perior.

Suretiship, 212. See Cautionary
Obligations, Guarantee.
Surgeon, responsibility of, for pro-
fessional knowledge, 252.
Surrender of bankrupt in sequestra-
tion, 397.

Suspension and Interdict, when
employed, 427.

Stair, Lord, his Institute, 10.

T.

TACIT relocation, 289. See Land-
lord and Tenant.

Tack. See Landlord and Tenant.
Tailzie, 116. See Entail.

Tait's Index to the Decisions, 13.
Taxed ward, 52. See Land.
Taxes on moveable succession, 113.
Tenant, 286. See Landlord and
Tenant.

Tenendas, clause of, in charter, 54.
Tenures, the various, of property,
45.

of land, 51. See Land.
Terce, widows', 31.

Terms of payment of rent, 290.

for hiring servants, 253.
Testament, 107. See Succession to
Moveables.

Testing clause, 137. See Written
Deed.

Thelusson's Act, 234.
Thirlage, 283. See Mills.

Title to landed property,-complet-
ing, 169. By trustee in seques-
tration, 400.

of a patent, 86. See Patent.
deeds, custody of, 90. Lien on,
250.
Tocher lost on divorce, 29. On
death within year and day of
marriage, 30.

Tonnage, ascertainment of, 66. See
Vessels.

Total loss in marine insurance, 202.
See Insurance.
Trade-fixtures, 295. See Landlord
and Tenant.
Trader, against what sort seques-
tration may be awarded, 375.
Transitu, stopping in, 164.
Sale of Moveables.
Translations, copyright in, 74.
Copyright.

See

See

Travellers, commercial, 246.
Treatises, legal, authority of, 12.
Triennial prescription of servants'
wages, 257.

of book debts, 447. See
Prescription.
Truck system, act abolishing, 265.
Trust for behoof of creditors, 423.
Nature of the deed, ib. Effect
of bankruptcy on, ib. Accession
of creditors, 424. By formal
deed, and tacit, ib.

bond, investment of heir by, 103.
deed granted by a partner, 185.
Trusts, general law of, 231. Ex-
planation, ib. Nature of the con-

tract, ib. How the constitution
of the trust proved, 232. Abso-
lute conveyance for trust purpose,
ib. Investment of trustee, 233.
Purposes, ib. Public and private,
distinguished, ib. Restrictions in
trusts, 234. Thelusson's act, ib.
Perpetual settlements, ib. Re-
ference of constitution of the trust
to the powers of the several trus-
tees, 234, 235. Quorum, 235.
Whether they can withhold their
consent from ordinary acts of
management, ib. Power to re-
sign, ib. Nature and limitation
of powers of trustees, 236. Re-
sponsibility of trustees, 237. Ac-
counting for funds, ib. Respon-
sibility for defalcations of others,
ib. Doing acts out of the limit of
the trust, 238. Authority to liti-
gate, ib. Effect of personally pro-
fiting by their acts, 239. Author-
ity of Court of Session, and power
to give redress, ib.

Trustee in sequestration, election of,
385. Appeal against, 387. Con-
firmation, ib. Duties, 389. Re-
moval, 391. Discharge, 393. See
Sequestration.

-

right of retention of, 350.
arrestment in hands of, 467.
in cessio, 421. See Cessio.
lease by, 285.

Tutors, 38, et seq. See Guardian and
Ward.

Tutory, parent's, 34. See Parent
and Child.

Twopenny acts, the, for protection
of magistrates, 436.

U.

UMPIRE, selection of, in arbitration,
241.
Underwriter in marine insurance,
197. See Insurance. May be se-
questrated, 375.

Urban servitudes, 61. See Servi-
tude.

Usage, effect of. See Lien, Master
and Servant, Sale.
Usance, bill payable at, 304.
Usual memorandum in policy, 199.
See Insurance.

Usurious obligations, 132. See Con-
tracts. Transactions as to bills,
330. See Bills. Exemption from
usury laws as to loans by late act,
133, 330.

V.
VALUED policy, 199, 203.

surance.

See In-

Valuing a security in ranking in se-

questration, 383, 404.
Vassal, feudal, 51. History of the
feudal law, 52, 53. Present posi-
tion of vassals, 54. Title, ib. 55.
Infeftment, 55, 58. Entry with
superior, 169. See Confirmation,
Infeftment, Land, Resignation,
Superior.

Vehicle, assythement for person
killed by, 430.
Vendition of ship, 174.

Venditioni exponas, 465. See Extent.
Vendor and purchaser. See Sale.
Verdict of idiotcy or insanity, 125.
Veritas convicii in actions for de-
famation, 430.

Vessels, British, constitution and
disposal of property in, 64. The
requisites which entitle a vessel
to the privileges, ib. 65. Extent
of the privileges, ib. Register, ib.
Declaration of build, survey, and
other preliminaries to registering,
ib. Ascertainment of tonnage, ib.
Certificate, ib. Security for its
preservation, ib. Sale and assign-
ment, 174. Indorsement, 175.
Mortgage, ib.

Vessels, employment of, 269. See
Shipping

arrestment and process of sale
of, 471.
Vesting of sequestrated estate in
trustee, 398. See Sequestra-
tion.

Vicennial prescription in holograph
writings and services, 449.
Vicious intromission with property
of a deceased person, 116.
Voting of creditors in sequestration,
381. See Sequestration.
Vouchers, production of, by claim-
ant in sequestration, 382.
Voyage, 271. See Shipping.

W.

WADSET, 338. See Bond.
Wager, not given effect to, 129.
policy, 197. See Insurance.
Wages, not arrestable, 467.

of servants, privileged, 257, 357.
See Master and Servant.

of Manufacturers, summary
means of recovering, 264.

of seamen, method of enforcing,

262.

War policy, contracts inconsistent
with, 132.

Ward, 38. See Guardian and Ward.
- holdings, 52. See Land.
Warding, Act of, 457. See Dili-
gence.

Warehouse, bonded, delivery of
goods in, 164. See Sale of Move-
ables.

Warehousekeeper's certificate, 248.
Warehouseman may be seques-
trated, 375.

Warning servants, 254.
tenants, 300.

Warrandice, 149, see Sale. 168, see
Land.

Warrant to imprison for civil debt
under old form, 456. Under new,
457. By act of warding, ib. See
Diligence.

small debt, 451, 453. See Small
Debts.

- jedge and, 344.
Warranty in sea insurance, 201.
Fire, 206. Life, 209. See Insur-

ance.

in sale, 149. See Sale.
Watering of cattle, 62. See Servi-
tude.

Way, right of, 62. Interdict regard-
ing, 428.

Wearing apparel not given up in
cessio, 421.
Wharfinger may be sequestrated,
375.

certificate of, 248.
lien of, 350.
White-bonnets, 158. See Auction.
Widow, right of, to terce, 31. Jus
relictæ, 105.

Wife, 15. See Husband and
Wife. Cannot be tutor, 39.
See Guardian and Ward. Share
of common property, 105. Pro-
vision to, on entailed estate,

121.

[blocks in formation]

Woods, leases of, 284. See Land-
lord and Tenant.

Works, public, facilities for, on en-
tailed lands, 123.

Working days, 276. See Ship-
ping.

Workmen, contracts with, 251. See
Labour.

statutory remedies for disputes
with their employers, 264.

tools of, not given up on cessio,

421.

Woven fabrics, copyright in, 76.
Writ, effect of, in eliding prescrip-
tion, 447.

where bill prescribed, 333.
Writer, 250. See Agent.
Written deeds, solemnities of, 133.
General explanations, ib. Deeds
prepared abroad, ib. Granter's
Name and Subscription, 134. Di-
rections, ib. Initials, ib. What
assistance may be given, ib. How
often signature required, 135.
Knowledge of contents, ib. Sub-
scription by notaries, ib.
nesses, 136. Statutory regulations,
ib. How interpreted, ib. Who

Wit-

may be witnesses, 137. Interest,
character, &c., ib. Testing Clause,
ib. Example, 138. Illustrations
of inaccuracy, ib. Designation of
writer and witnesses, ib. Place

and date, ib. Holograph Writ-
ings, or in handwriting of granter,
139. Privileged Writings, 140.
Commercial documents, ib. What
included, ib. Merchants' accounts,
141. Stamp Laws, ib. See Stamps.
Delivery, 144. When necessary
for rendering deed binding, ib.
Equivalents, ib. Deeds of provi-
sion to children, 145.
Wrongous imprisonment, damages
for, 435.

[blocks in formation]
[merged small][merged small][merged small][ocr errors]
« ZurückWeiter »