The Practice of the Court of Session: On the Basis of the Late Mr. Darling's Work of 1833, 書籍 365、第 1 巻

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T. & T. Clark, 1848
 

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目次

Decree of Exoneration 595
12
Jurisdiction Extended to Admiralty and Consistorial
14
Riding Interests 602
15
OF THE SEQUESTRATION OF LAND ESTATES C 980
16
Privative Jurisdiction of Court
17
Statutory Jurisdiction
20
To control Proceedings in Inferior Courts 23
23
Jurisdiction in Revenue Cases
25
Jurisdiction in Ecclesiastical Matters
27
Over Administrators of Hospitals Trustees c 30
30
Over Proceedings in Lyon Court
31
Criminal Jurisdiction
33
To Review Proceedings of Inferior Criminal Courts 34
34
To Investigate Crimes incidentally
35
Incidental Jurisdiction illustrated
36
Privative Jurisdiction under Mutiny Acts
38
by Him 910
39
Nobile Officium
41
OF PETITIONS FOR TAXING THE ACCOUNTS
44
Acts of Sederunt
46
OF THE JUDGES AND PRACTITIONERS
47
Their Title Qualifications c ib 2 Right of Nomination
51
Quorum c and Judges Changing their Division
52
Procedure where Judges Equally Divided in Opinion
56
Regulations for Preserving Uniformity in Decisions
57
Declinature of Judges
59
Salaries and Retiring Allowances
64
Distribution of Business of Court
66
B Of the Advocates
73
Origin of the FacultyNumber ib 2 QualificationsTrial
74
Privileges of the Faculty
76
Amenable to and Protected by Court
77
Fees
80
Not Liable for Incorrect Advice
81
Library Widows Fund
82
Conclusion
83
Writs Passing under the Signet ib 2 Origin of SocietyOfficebearers
84
ApprenticesAdmissionExamination
86
Fees of Apprenticeship and Admission
88
Number of Society at different times
89
Widows FundLibrary
90
Is the Society an Incorporation?
91
Of the Solicitors before the Supreme Court
93
Origin of the SocietyCharter of Incorporation c ib 2 Qualifications and mode of Admission
96
Widows FundHall and Library
97
E Advocates First Clerks
98
F Right of Solicitors at Law and Admiralty Procurators to Practise in Court c
99
OF THE OFFICERS OF COURT
102
Page
107
OF ADJUDICATIONS
111
and Probative Writs
114
OF THE TIME OF SITTING OF THE COURT BOX
122
PART V
123
OF THE TITLE TO SUE AND DEFEND
139
ACTIONS OF DIVISION AT COMMON LAW ib SECT 1 Of Moveables ib 2 Of Heritage 605
155
Defender forth of Scotland
163
Joint and Part Owners
190
Executors Assignees Road Trustees Special Assignees c
191
959
192
Lord Advocate
195
Lord Advocates Concurrence when necessary
196
Brieve of Division when used ib 4 Of the Action of Division among Heirsportioners 606
199
Lis alibi pendens
200
Number of Pursuers and Defenders in a Summons
203
Actions by or against an Heir
205
OF THE SUMMONS
209
Definition and Parts of Summons ib 2 Much Accuracy now required in Libelling
210
Form of SummonsCases Illustrating Strictness now required
211
Penal Actions
218
When must Malice be Libelled?
219
Date c of Summons
221
Summons should be Concise and Definite c
222
Conclusion for Expenses
226
Summonses requiring Bills
228
Of Ordinary Summonses ib 2 Of Privileged Summonses
230
B Of the Execution of the Summons
231
When full Copies are required c ib 2 Witnesses
233
Personal Citation
235
At Dwellingplace
236
Mode of Execution against Incorporations Offi
240
OF THE CALLING AND OF PROTESTATION
264
OF ENTERING APPEARANCE AND OF LODGING
284
942
289
OF THE OUTER HOUSE ROLLS
299
OF THE PROCEDURE IN ORDINARY ACTIONS
303
OF RECLAIMING NOTES AGAINST JUDGMENTS PRO
307
Property Omitted in SummonsRemedy 912
309
OF THE DISPOSAL OF THE PRELIMINARY Dila
316
OF THE CONDESCENDENCE AND ANSWERS
322
OF CLOSING THE RECORDDEBATING
333
OF DETERMINING AS TO EXPENSESOF ABAN
342
OF PROOFS BY COMMISSION AND OF THE EXA
348
Cases in which Proof by Commission not Allowed
361
When Writings in Possession of Adverse Party
368
What Writings may be called for
377
OF THE OATH OF CALUMNY AND OATH
385
Of Judicial Examinations
403
A Admiralty Actions
413
Process of Set and Sale
417
OF ACTIONS OF DIVISION OF COMMONTIES 845
426
Aliment on Act 1491 773
428
Action of Declarator of Marriage
438
Procedure in Advocations and Suspensions under
444
Expenses
469
Finding of New Caution when Cautioner becomes
476
OF VARIOUS INCIDENTAL PROCEdure
482
Widows Claim of Aliment against Her Husbands
489
403
491
406
498
Provision for Difficulties in the Forms of Process
510
OF THE ACTION OF REMOVING 554
529

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174 ページ - An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the taking of Lands for Undertakings of a Public Nature ;' and ' An Act for consolidating in one Act certain Provisions usually inserted in Acts authorizing the making of Railways.
441 ページ - Session, reciting the import and effect of the decree sought to be suspended, and setting forth in a prayer the relief or remedy craved ; the presentment of which note, on being certified by the clerk, shall operate as an interim sist of diligence ; and on such caution as is by the present practice required being found for implement of such decree, and also for such expenses as may be incurred in the Court of Session, such note shall be forthwith passed by the Lord Ordinary on the Bills, and certified...
68 ページ - University for the purpose of accepting the said trust and in the event of the death or resignation of any of the said trustees or of their successors in the said trust or of any trustee for the time being ceasing...
475 ページ - Act, would have depended, with instructions to pronounce a decree serving the said party in terms of this Act, which decree may be thereafter recorded and extracted in manner and to the effect before provided : Provided also, that nothing herein contained shall prejudice the right of any person whose petition of service shall be refused without any opposing or competing party having appeared and been heard on the merits of the competition to present a new petition at any time thereafter, or the right...
522 ページ - No other advocate or agent than those appointed in terms of this act shall be employed, or allow their names to be used, in any stage of the cause, unless on application to the Lord Ordinary or the Court by...
450 ページ - ... required by the judge, to give his solemn declaration, that the claim is of the true value of £40, and upwards ; and on such petition being presented, and on such declaration, if required, being made to the satisfaction of the judge, leave shall be granted to advocate ; and the clerk of the inferior court shall certify the same ;
523 ページ - That in case of neglect or failure in any of the particulars above specified, the Court, on the application of the adverse party shall open up and set aside the previous proceedings in the cause, and deprive the party of the benefit of the poor's roll, or may apply such other remedy as the circumstances of the case may require.
440 ページ - Suspension is founded, together with a Note of Pleas in Law, and such Note of Advocation or Suspension shall be received and marked by the Clerk in the Bill Chamber, and be forthwith laid before the Lord Ordinary on the Bills, who shall pronounce such Order or Interlocutor thereon as may be just; and such Note and Order or Interlocutor thereon shall be served on the opposite Party by a Messenger at Arms in common Form, and shall be answered in a similar Form to the Reasons of Advocation or Suspension;...
509 ページ - That no person shall be entitled to the benefit of the poor's roll unless he shall produce a certificate under the hands of the minister and two elders of the parish where such poor person resides, setting forth his or her circumstances according to a formula hereto annexed. (Schedule A.) 3.
62 ページ - ... shall be afflicted with some permanent infirmity disabling him from the due execution of his office, which shall be distinctly recited in the said grant.

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